Free Traffic Legal Advice

In the photo, you can see the car is within the length of the poorly marked parking bay, the issue is due to the width of the parking pay causing obstruction to the road. Have reworded below;

On the date in question, I parked my vehicle in a designated bay situated on the footpath. I recognize that a portion of my car extended beyond the boundary of the footpath. However, the vehicle remained within the marked length of the bay and left ample room for both the road and footpath to be used without obstruction.

I still don't get it.

I wouldn't concede anything - just lose that first bit. I have edited as below,

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I was surprised to receive this PCN because I have previously discussed this specific parking arrangement with the traffic warden who regularly monitors the road. He assured me that no ticket would be issued under such circumstances, as the road is quite narrow and this form of parking ensures better access. This indicates either a change in approach or that someone else was on duty that day.

Please also note the parking bay markings on Wyndham Crescent are in an extremely worn state and I did my best to park where I think they were.

I have also done some homework on the presence of markings and I do not think they establish permitted parking; rather, their purpose is to delineate areas prescribed under a resolution passed by the council, as stipulated under section 15(4) of the Greater London Council (General Powers) Act 1974.

I request that the council consult, and send me, the relevant resolution to ensure that the markings comply with its provisions and that a contravention may occur if it is clear that a car is not in the bay markings. If such a resolution does exist I also request that you repaint the markings so they are clear to residents.

I have acted in good faith in relying on the advice of the traffic warden and have made every effort to park responsibly. The unclear state of the bay markings is a factor you should also consider in my view.

Thank you for taking the time to review my challenge. I trust that you will carefully consider the points raised, and I am hopeful for a positive resolution.

Hi all,

Good news!

The PCN was cancelled, thank you all for your help, I really appreicate it.

The cancellation letter read as follows;

Traffic Management Act 2004

Cancellation of your Penalty Charge Notice
 
Thank you for your communication regarding the above PCN.

The Civil Enforcement Officer (CEO) issued the PCN, alleging that your vehicle was
parked with two wheels over a footpath. The regulations in London always prohibit
parking on the footway. Footway parking is enforced under Section 15 of the Greater
London Council (General Powers) Act 1974 as amended by section 15(2) of the London
Local Authorities Act 2000. Greater London Council (General Powers) Act 1974
(legislation.gov.uk). You can review the photographic evidence at
https://www2.richmond.gov.uk/PCNViewer/ and add the PCN reference number and
vehicle registration.
 
You state that you have previously been advised by a Civil Enforcement Officer (CEO)
that you would not incur a PCN if you park on the footway due the this road being
narrow and I note your comment that you tried to park where you believed a footway
bay was present.

However I must start by advising that footway parking in London is prohibited at all
times. I can advise that our CEOs are trained and fully aware of this contravention. It
seems to me very improbable that a Richmond trained CEO offer such a comment and
our officers will issue a PCN should they encounter a vehicle in breach of the regulations, as was the case in this instance. Additionally, the issuing officer records
‘Driver Not Seen’.   

Footway parking is only permitted within a specially marked bay; this is identified with
white lines up onto the footway and signs indicating that footway parking is permitted.
There are no signs at this location, so footway parking is not allowed.

Parking with one or more wheels on the pavement is prohibited for many reasons; doing
so can cause a hazard for pedestrians including those who are blind and partially
sighted; it can also hinder wheelchair users and obstruct people with pushchairs. In
addition, there is the added potential for damage caused to pavements that are not
constructed to take the weight of vehicles, accidents arising because of falls or trips on
broken or uneven paving slabs and the increased costs of repairs to the pavements.

Notwithstanding the above, and after reviewing all the available photographs, I note the
presence of a faded bay line directly behind your vehicle which is confusing and
misleading. In these circumstances, the CEO should have reported the line and lack of
sign. Thank you for alerting me to this issue.

Please be assured that this matter has been forwarded to Parking Operations to
address as a CEO training issue. We have also requested that the lines and signs are
attended to.