Free Traffic Legal Advice

Hi,

Was given pcn for parking half on the curb and half on the road. But the sign ahead said so (please see photos of the street).

https://ibb.co/FK4N6J5
https://ibb.co/tZ7qk7W
https://ibb.co/zhwy8jy
https://ibb.co/6y9xGry
https://ibb.co/qdDkgwY
https://ibb.co/SmYNnLh
https://ibb.co/4PCYQ2Q
https://ibb.co/NrTzs9T

Images taken by the warden

https://ibb.co/khfgGw1
https://ibb.co/gyC0QQ2
https://ibb.co/cL500d1
https://ibb.co/G5MWJcy

https://maps.app.goo.gl/bdiHXLccxqa1rgtg9

(You copied across a broken link from PPP.)

I could find no Double Yellow lines, only single, governed by this sign
https://maps.app.goo.gl/V8wtLeNrDLSoZpib9
From your photo

it would appear that since GSV the SYL has ben turned ibto DYL but no one has removed the sign.
DYL operate 24/7

Pavement marked bays are governed by this sign
https://maps.app.goo.gl/xfxAoBqSB8R9r9HD6

Your PCN

is for footpath parking, which this CEO photo shows


In it, you are parked on the yellow line before the footpath permitted parking begins at the signpost.

You will need the TRO for Upton Road disallowing the ban on footway parking. It may be that they have disallowed the ban for the whole road, rather than the marked stretch, in which case you are in the clear.

in your PPP thread you mentioned not wanting to hinder access to the underground  car park opposite. unfortunately that argument is an irrelevance. that's certainly why the DYLs have been installed.

With respect and I understand where the comment came from but IMO the TRO(TMO in London) is not applicable.

The footway parking prohibition may be disapplied by an 'Act, order or resolution'. A TMO would create waiting restrictions e.g. DYL etc. or parking places. 'Marked bays' in the context of the footway parking signs are not parking places. If a council wants to allow parking on the footway then it may create parking places wholly or partly on the footway(for which there are specific traffic signs) or pass a resolution to permit parking on the footway, again wholly or partly. But a TMO should not permit parking on the footway where there isn't a parking restriction and obviously cannot for a waiting restriction because this in itself prohibits waiting whether on the footway or not, and I don't think that this is within its scope under RTRA.

So, IMO you should be requesting the 'order or resolution' passed by the council which disapplies the provisions of the 1974 Act in ** Road.

Sorry but I am completely lost here. Please help me as to what should be written to the Council.

What is the full form of IMO please?

It stands for In My Opinion

What could be meaningful mitigation that council will consider please?

Your cat got run over, your nan died, you've just lost your job, you've been severly ill or have been diagnosed with a terminal illness, you're a victim of domestic violence, you've recently been a victim of crime, you're recently had an accident / sustained a personal injury, your nephew was recently murdered, the list is endless.

Obviously those are hypothetical examples, you can't make something up (lying in representations is a criminal offence), so you can only put forward mitigation that is true and actually applies to you. If you don't have any mitigation then you don't have it so you'll have to do without.

TMO = Traffic Management  Order
HCA = H C Anderson one of the members trying to help you 

Thank you all!

What will be the grounds even if the the order has been produced.

Can the driver also request the council for the order and appeal at the same time to say that there is an underground car parking opposite to the DYLs, the space is very narrow and the chances of hitting the parked car if not parked on the pathway. Also, the pathway where the lines are drawn is very smaller compare to the pathway where the allegedly contravention happened.

Pathway is where a pedestrain can walk safely and if the safety has been compromised by leaving very narrow space where the houses are and the pedestrain footfall is high there then it doesn't make sense to allow PCN where there is a lot of space on the footpath just behind the marked spaces where there is a car park just opposite where a car coming from the opposite direction cannot turn. So technically either the restriction of DYLs should be removed or they should allow the parking on the curb. As this is a common sense for any driver and there are a lot of drivers who parks their car in the same way as the driver has parked.