Author Topic: Parked on kerb - Waltham Forest  (Read 565 times)

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Parked on kerb - Waltham Forest
« on: »
Pcn: FR60048614

Details Can be viewed here:
https://walthamocm.itsvc.co.uk/PCN/ViewImages

Reg: EK11UZH

Hi all.

So I parked as per the pictures and received a ticket for parking on the kerb.

I genuinely feel this is really harsh.

My last day to appeal this on a discounted rate is tomorrow.

I'm planning of sending this to the council. Does anyone have any further advise before I send this?


To the Walthamsl forest Council,

I hope this message finds you well. I am writing to formally appeal the parking ticket I received for parking on the kerb. I believe that the ticket is unjustified, and I would like to present the following points to support my appeal:

1. Similar Parking by Other Vehicles: When I arrived at the location, I noticed that the two vehicles in front of me were also parked on the kerb. This indicated to me that it was an acceptable parking practice in that area.

2. Hazardous Conditions: As can be seen in the picture I took, there was a tight gap for traffic to pass through due to the vehicles parked along the sides of the road. This situation posed a potential hazard and led me to believe that it was safer to park on the kerb to avoid obstructing the traffic flow.

3. Absence of Box Markings: On the opposite side of the road, there were box markings to guide proper parking. However, there were no such markings on the side where I parked, leading to confusion about the appropriate parking area.

4. Lack of Visible Signs: There were no visible signs indicating that parking on the kerb was prohibited. If the council does not allow parking on the kerb, clear signage should be in place to inform drivers of this restriction.

I request a thorough review of my appeal and kindly ask for the cancellation of the parking ticket. I believe that I had reasonable grounds to believe that parking on the kerb was allowed under the given circumstances.

Please find attached the picture I took as evidence supporting my case. I trust that you will carefully consider my appeal and make a fair judgment based on the provided information.

Thank you for your attention to this matter. I look forward to a favorable resolution.




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Re: Parked on kerb - Waltham Forest
« Reply #1 on: »
Image of pcn

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Re: Parked on kerb - Waltham Forest
« Reply #2 on: »
Image of road

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Re: Parked on kerb - Waltham Forest
« Reply #3 on: »
Being as you are on a deadline, send it.

There are errors and will likely get a rejection but at least you preserve the discount and give us chance to look at it.

Waltham Forest is in Greater London BTW
Footway parking has been banned in Greater London since the Greater London Authorities Act 1974 was enacted
It needs no signs

Re: Parked on kerb - Waltham Forest
« Reply #4 on: »
+1
Can you post up a GSV link to the exact location, please.

Frankly, I think you'll struggle with this one, because nothing in your reps is valid for an appeal at the adjudicators. As DD says, parking off-carriageway has been an offence in London since the 70s and requires no signs or lines.
Please also post up the back of the PCN. We need to check it all for fatal errors of content that could render it void.

Re: Parked on kerb - Waltham Forest
« Reply #5 on: »
Here is the location in June 2021
https://goo.gl/maps/o6vNKvWWDMvdBWJWA
As can be seen, parking was allowed then for permit holders, although there is no sign for the single yellow line.
Here on Agust 2022, the parking sign is still there, but the road markings have gone.
https://goo.gl/maps/x8s3TEvzQ8FjzdMV8
That is the latest GSV view. I suspect the sign is still there. However with no carriageway markings, vehicles must remain on the carriageway.
« Last Edit: August 05, 2023, 07:36:27 pm by cp8759 »

Re: Parked on kerb - Waltham Forest
« Reply #6 on: »
I'd say we should put the council to proof that the footway parking resolution that was previously in force has been properly revoked. That's something we can pursue at the Notice to Owner stage.
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

Re: Parked on kerb - Waltham Forest
« Reply #7 on: »
Hi people. Thanks for the above comments.

This is what I've got back from the council.

I was on holiday and they had written to me the day I left. I belive today is my discounted period end date.

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Re: Parked on kerb - Waltham Forest
« Reply #8 on: »
Just wait for the Notice to Owner, as long as you challenge it within 14 days they normally reoffer the discount anyway, so there's very limited risk in carrying on.
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