Regardless of the exact position of bay there may be a resolution misapplying the footway ban in the area anyway.
But clearly you have a solid challenge that the contravention not occur and refer the council to its own map.
Case below similar this week.
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2240445852
The Council's case is that the Appellant's vehicle was parked in breach of the prohibition against "footway parking" in Heathfield Gardens on 30 May 2024. A penalty charge notice was issued at 09 31.
The Appellant, who lives nearby and maintains that the correct location in Sutton Lane North, states that there is an exemption to the statutory prohibition against "footway parking" at the location; that the markings on the carriageway are faded, worn and inadequate and that any extent to which the nearside of her vehicle was not within the markings was "de minimis". She has submitted a series of photographs of the location in support of her contentions and reminded me that she parked at night when it was dark.
The Council seem confused about this case. In the Notice of Rejection dated 18 September 2024 they assert that there are no signs permitting footway parking at this location but in the very next sentence state "whilst footway parking is permitted in this area…"
I have carefully considered all the photographs including those of the civil enforcement officer. There are faded white lines painted on the footpath, which I accept are intended to create an exemption to the prohibition. I further accept Ms xxxx's submissions. The signage (by means of the markings) is worn and inadequate to convey the extent of the exempted area. Further, and in any event, I consider that the extent of any infraction by her vehicle was so minimal that the law will not enforce it.
For all these reasons, the appeal is allowed.
