Free Traffic Legal Advice

Hello,

I am seeking some advice on behalf of my elderly father. I will stick to the facts that I have been told as this is now at the NTO stage and as a pensioner it is causing him considerable stress so would appreciate any advice if anything can be done - or if £130 should now be paid.

The vehicle was parked in London Borough of Newham, Katherine Road E7 which is quite a busy road and not unusual to see cars parked either completely on the footpath or with "one or more wheels on the footpath.."

A visit was made to a shop to pick up some items and the vehicle was driven by a family member and parked with both wheels on the pavement. My father has a mobility issue so a valid blue badge was also displayed. From examining the pictures, it appears to show CEO placing PCN on windscreen. HOWEVER, from speaking to both Father and Helper - they were both none the wiser until the arrival of NTO - and both state that when they returned to vehicle there was 'No PCN on the windscreen, therefore we were unaware until the NTO arrived'. They also state it is possible someone could have tampered with or removed the ticket inside the yellow wrapper.

Obviously this isn't a plausible defence and I can't go back to the council with this.

I have asked for the exact location they were parked so I can see the GSV images - however looking at the images - in the background it can be clearly seen that there are other vehicles that are parked wholly on the pavement (white mercedes)..

I am aware that there is a blanket ban in London for vehicles parking with wheels on or over a footpath unless prescribed by signage.

Please see images.







I have asked for the exact location so I can get a GSV and post it up.

Any advice would be greatly appreciated.

They also state it is possible someone could have tampered with or removed the ticket inside the yellow wrapper.

If you do make a challenge consider the above wording.

Speculation that a ticket was removed from the wrapper does imply knowledge that there had been a ticket, otherwise no empty wrapper would be there.

Firstly, Katherine Road is a long road, so it is essential you give us a GSV link telling us exactly where your father parked.

Thank You, I have asked for someone to re-visit the location and take pictures and send me a video also, which I will post on here.

In the meantime this is the GSV link of the location, parked opposite G.A Metals on the Single Yellow.

https://maps.app.goo.gl/WviMa2t76kmu3nD36

Hello,

I just wondered if the GSV was of any use and if it changes the advice?

Thanks

Well, I think it does, because a BB doesn't allow you to park off-carriageway. If you look around using your link you'll see marked bays painted so they are part off the carriageway. You can park in these OK, but not where there are none.
Having said that, in order to allow off-carriageway parking, the council must pass a resolution. It has been found that many of these just authorise such parking by naming the street, implying all of the street is permitted, not just the painted bays.  Councils just get their highway team to paint the bays, without formalising their position. However, the council may have done things properly, and the only way to find out is to ask for the resolution.
Our administrator has got a lot of experience with this, so you may get a result. It is also invariably the case that you have to take them to London Tribunals for an unbiased decision. Councils are totally biased when dealing with PCNs because they keep the money if you pay-up.

If you look around using your link you'll see marked bays painted so they are part off the carriageway. You can park in these OK, but not where there are none.

I'm not sure that's correct, the chief adjudicator certainly doesn't think so, see Lorna Jennifer Whittick v London Borough of Merton (2160383659, 10 October 2016).

I would put them to proof:

Thank You.

I have sent a response but awaiting to hear and have to allow 56 days for a response! Does it really need 56 days consideration time...

The law is they get 56 days to respond. If they fail to meet this, you win.