Author Topic: Hillingdon, Code 62 Parked with one or wheels on or over footpath, Monmouth Road, Hayes, Middx  (Read 2554 times)

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Hi, Members,

I went to park in a residential street and a saw a Blue pavement parking sign to my right so assumed I could park in front. On return I was dumbfounded to find I had been issued with a ticket.


Please see the PCN and related images.  I would be grateful for your expertise to know if I have any valid grounds to challenge in so far as I was concerned, I was legally pavement parked according to the Blue sign. 

PCN
WhatsApp Image 2023-10-16 at 17.20.34 by Dexx99, on Flickr

WhatsApp Image 2023-10-16 at 17.33.58 by Dexx99, on Flickr

CAR PHOTOS:

WhatsApp Image 2023-10-16 at 17.27.41 by Dexx99, on Flickr

WhatsApp Image 2023-10-16 at 17.27.41 by Dexx99, on Flickr

WhatsApp Image 2023-10-16 at 17.27.41 (1) by Dexx99, on Flickr

WhatsApp Image 2023-10-16 at 17.27.40 by Dexx99, on Flickr

WhatsApp Image 2023-10-16 at 17.27.40 (1) by Dexx99, on Flickr


https://www.google.com/maps/@51.4976576,-0.4212819,3a,75y,248.58h,91.24t/data=!3m6!1e1!3m4!1sISH_9-N9KSEmWbfdqM2gbA!2e0!7i16384!8i8192?entry=ttu
« Last Edit: October 16, 2023, 10:44:43 pm by dexx99 »

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Blue signs mark beginning and end of allowed footway parking -for end see
https://maps.app.goo.gl/36UDc6eEhSFM4J9L7

The possible good news is that, in passing a resolution to disallow the footway parking ban in so-and-so road, some Councils forget to stipulate on which lengths of footway parking is so permitted, and thus allow parking for the whole road.

One of our members is an expert at obtaining these resolutions, so give him a chance (you have a few days) to come along and comment.

P.S can't help smiling at the ever-present CEO in GSV :)
« Last Edit: October 17, 2023, 09:28:23 am by John U.K. »

As we saw it coming from the other end of the road the Blue sign marked a place, we could legally park. Lesson learnt the hard way of course, but frustrating just by the fact I hadn't looked at the sign from the other side to know that it was actually the point at which footway parking restrictions started.

Anyway, thanks for your response. Hopefully I will be in luck and Hillingdon council will have omitted to have made the required stipulations.

 

This road is on the Hillingdon Footway Parking Exemptions Spreadsheet, but getting the resolution will take some time. In the meantime, you should make a representation on day 14 (so by midnight on 29 October) in order to get the discount extended.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Hi CP8759,

Whilst you still await the resolution from LBOH is there a specific representation you would recommend I make by midnight on 29th Oct?


Make a simple representation but add a spanner to delay a quick and simple response.

Dear Mr parking

I challenge the service of PCN number xxxxxxxx to my vehicle AA 23 BCD on the basis that the contravention did not occur

I parked within an are governed by sign 667 I could see sign 667.2 at the end of the road.

In order to disallow the ban on footway parking a resolution of the council must be made. The signage indicated shows that i was within this area, If the council disagree I require that the provide the resolution disallowing the footway parking ban on Monmouth road in order that the correct interpretation can be made

Send that once you have entered the details Even if they come up with the resolution it leaves open an argument re the positioning of the signs
Agree Agree x 1 View List

Thanks immensely Pastmybest,


Representations submitted as recommended as the backup argument and that gives us more time for CP8759's application for the resolution to come through too.

Many thanks for everyone's brilliant support!  :)

I got the response to my Reps from Hillingdon Council which were rejected and I attach for your further advice.

WhatsApp Image 2023-11-11 at 15.14.50 by Dexx, on Flickr

WhatsApp Image 2023-11-11 at 15.09.03 by Dexx, on Flickr

WhatsApp Image 2023-11-11 at 15.09.22 by Dexx, on Flickr

Unwillingness to provide the Resolution outside of an arbitration hopefully means they haven't made the necessary stipulation for Monmouth Road.

CP8759 I graciously await to hear on the outcome of obtaining the Resolution.

Thanks.

I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

That's a shame! :(

So, as page 8 lists Monmouth Road we can't use the resolution argument as LBOH has the right to enforce parking according to the signage in place.

CP8759 from the gist of your link my options are to make reps for discretion and provide some form of click to view image to hopefully trip the council up if they fail to consider it too?

As mitigation I could state the Equality Act 2010 and belief the council should use its power to apply discretion on this occasion as a form of 'reasonable adjustment'. Just seeing me as another member of the public can be argued to be a form of discrimination under the act.

In any case I believe it is unreasonable to have expected due to my direction of travel I would have realised the reverse of the blue sign was marked with a red diagonal cross signalling the start of the restriction from the opposite perspective which is essentially what tripped me up.

The image I could provide is a link to the sign in the direction of travel as I approached it to hopefully make the council trip up if as I expect any plea for discretion by itself will fall on deaf ears as they tend to.

How do we setup the image so as to know if the council has viewed it or not?

Just as an aside the date of the letter was 9th November, so is the date of serving deemed to be Saturday 11th and thereby the discounted period expires on midnight of 25th November?

Thanks.

How do we setup the image so as to know if the council has viewed it or not?
Put the picture on imgur.com or similar and I'll set up the link for you.

Just as an aside the date of the letter was 9th November, so is the date of serving deemed to be Saturday 11th and thereby the discounted period expires on midnight of 25th November?
Weekends don't count, so if the notice is dated 9 November the date of service is Monday 13th and the last day to pay the discount is 26th November.

That being said if you want to carry on, you don't need to do anything apart from checking that the address on the V5C is 100% accurate and up to date (don't assume).
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Thanks for your comments, guys.

The last day of discount expires today I believe, and I want to carry on with your kind assistance.

So, I do nothing until I receive the NTO from LBOH and make Reps accordingly. I have received the new V5 registered correctly in my name and all the details are correct.

As proposed, I will make an appeal for discretion based upon my disability. I have downloaded Linkly which successfully counts clicks to the image link I sent in my previous post.

Upon receiving the NTO will the forum be able to assist with the skeleton argument to appeal for discretion (assuming I will have to fill in the blanks regards disability) and an image I want them to consider?  

Upon receiving the NTO will the forum be able to assist with the skeleton argument to appeal for discretion (assuming I will have to fill in the blanks regards disability) and an image I want them to consider? 
At the notice to owner stage there is no appeal and no skeleton argument, it's just a written representation to the authority. Yes we will help with that, when you get the NTO post up a draft on here and we'll review it for you.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

I received the NTO today, however the NTO is in my dad's name despite the V5 being reregistered in my name since 1st November 2023.

Please let me know how best to proceed accordingly? 

WhatsApp Image 2023-12-13 at 15.51.12 by Dexx99, on Flickr

WhatsApp Image 2023-12-13 at 15.51.27 by Dexx99, on Flickr

WhatsApp Image 2023-12-13 at 15.52.27 by Dexx99, on Flickr

WhatsApp Image 2023-12-13 at 15.53.02 by Dexx99, on Flickr

I received the NTO today, however the NTO is in my dad's name despite the V5 being reregistered in my name since 1st November 2023.

Please let me know how best to proceed accordingly? 
It's the owner at the time of the contravention who is liable, hence the NTO being made out to your dad. Can you get him to sign a letter of authority allowing you to act on his behalf?

In the meantime here are:

The Working Party minutes 15 June 1987
The Works Committee report - 7 September 1987
The Works Committee Minutes 7 September 1987
« Last Edit: December 15, 2023, 04:30:26 pm by cp8759 »
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order