Author Topic: Parking on footway, bay markings still visible - LBWF  (Read 634 times)

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Parking on footway, bay markings still visible - LBWF
« on: »
So, for the same person I am trying to help, here is an unusual one.

They parked in what looked like a bay with slightly faded markings. Raised informal reps based on exactly that and the rejection is attached.

A Google street view from a few months back is also below.

What do we think about this one chaps?

Cheers

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Re: Parking on footway, bay markings still visible - LBWF
« Reply #1 on: »
There was a parking bay there but no longer in the traffic order. But there is extensive footway parking in the area although the bays do have parking signs.

But I'd say the exposed markings mislead and they have a duty to get rid of them permanently.





Re: Parking on footway, bay markings still visible - LBWF
« Reply #2 on: »
Cheers for this. Do we think this will fall on fertile ground with your average adjudicator? I think it's got to be better than evens prospect of success? But appreciate it's all a gamble.

Re: Parking on footway, bay markings still visible - LBWF
« Reply #3 on: »
You can generally rely on the "old lags" at London Tribunals, but one or two of the newer adjudicators seem pretty poor, frankly. One of them has taken to quoting almost the whole law on what he as an adjudicator is allowed and not allowed to do, them comes up with a completely wrong decision.

Re: Parking on footway, bay markings still visible - LBWF
« Reply #4 on: »
Thanks both. It sounds to me and my gut reaction is that this should go to the tribunal and there are good chances of success. It's not my money though so I'll report back and hopefully they'll do the right thing and not get mugged.

If anyone has any thoughts to the contrary let me know !!

Re: Parking on footway, bay markings still visible - LBWF
« Reply #5 on: »
The next stage is an NTO sent to the registered keeper, not the tribunal.

Re: Parking on footway, bay markings still visible - LBWF
« Reply #6 on: »
You cannot park there because of the DYL.

Going simply on what you've posted, no driver could reasonably think that they could park there because even if there are nearby signs they could not exempt a driver from prevailing road markings and restrictions: footway parking signs act together with prevailing restrictions not instead of.

The only possible argument IMO is that there was a very nearby sign which permitted 4-wheel footway parking in marked bays and this confused the driver because they saw what they thought there were footway parking markings with which they complied. They noticed the DYL but couldn't reconcile the contradiction.

Where are these footway parking signs to which you refer?
« Last Edit: August 06, 2025, 12:38:00 pm by H C Andersen »

Re: Parking on footway, bay markings still visible - LBWF
« Reply #7 on: »
What have the double yellow lines to do with anything? There are visible double yellow lines on both sides of the road where there are "legitimate" parking bays (which also have the tiny sign below the time restrictions).

Perhaps the council tried to remove the double yellow lines here but gave up halfway through the process as well.

This picture is almost directly opposite where the car was parked and ticketed.

Re: Parking on footway, bay markings still visible - LBWF
« Reply #8 on: »
What's on the opposite side of the road has no bearing on the matter as regards parking enforcement.

In any event, it's a parking place and these operate by different rules i.e. other than by limited exception, their traffic signs have to include that footway parking is permitted. This one doesn't. The arrangement of signs in that bay is improper because it's 2 separate signs, neither of which is prescribed for use in this context.

But this isn't germane. Where is any signage in the vicinity of where you were parked on your side of the road which refers to footway parking? Or is your argument is that you saw these markings and inferred unlimited footway parking permission, possibly because you saw the sign on the opposite side of the road?

The council cannot have DYL and footway parking markings adjacent to each other. By law, DYL mean no waiting 24/7, therefore anyone parking within their scope, and this includes the footway and carriageway, is committing a contravention. 

Re: Parking on footway, bay markings still visible - LBWF
« Reply #9 on: »
We've seen plenty of parking bays behind yellow lines - of course it's wrong but here the question is whether the driver was sufficiently misled for footway parking.

Re: Parking on footway, bay markings still visible - LBWF
« Reply #10 on: »
Agreed. But as a minimum there needs to be a footway parking sign.

Re: Parking on footway, bay markings still visible - LBWF
« Reply #11 on: »
There are bays marked out either side (and where) she parked but there are no footway parking signs. There are zone parking signs and bays clearly marked out so I have no idea at this point whether the bays in cann hall road outside the Rookwood pub are legitimate bays or not - if they aren't then are you genuinely expected to check the relevant traffic order before parking to make sure it has statutory approval as a parking bay? What an absolute joke.


Re: Parking on footway, bay markings still visible - LBWF
« Reply #12 on: »
And to the right

Re: Parking on footway, bay markings still visible - LBWF
« Reply #13 on: »
Your argument needs to change its focus IMO.

GSV shows significant parking on the footway on your side of the road both before and after your location. The markings are the same as where you parked. As importantly, not all of these locations carries a traffic sign, in fact the sequence is(and you can do the legwork):

O/s no. ***: parking place situated on the footway with a post but no traffic sign;
etc....to the places ahead of you.

The council's position is that the markings where you were parked did not indicate a parking place and in any event there was no traffic sign to indicate as such. However, to the motorist the complete hotch-potch of parking places with and without traffic signs on either side of your location shows that the council encourages and condones parking on the footway at locations which are not signed. In fact and in law, none of the parking places where the council bothers to maintain traffic signs is marked as prescribed. As the authority/adjudicator will know, the prescribed traffic sign incorporates the symbol of a car parked on the footway, but none of the parking places is signed in this way. Instead, there's a mix of traffic signs prescribed for parking on the carriageway with separate and non-prescribed 'footway parking' signs hanging underneath, to carriageway only traffic signs in parking places marked wholly on the footway to marked places without signs.

Motorists are not clairvoyant. They don't know (if indeed this is the case) that where I was parked wholly within markings is not a footway parking but instead is a deteriorating relic of an earlier time when it was.

Just some thoughts.


Re: Parking on footway, bay markings still visible - LBWF
« Reply #14 on: »
In addition, a factor we often mention is a council resolution disapplying the blanket footway parking ban in certain roads/ares. Given this bit of footway used to have a parking bay it is likely covered by a resolution and further that if you ask WF for a resolution they may not be able to find it as existing or not.