The resolution is one factor.
But I think the signage is defective as there are just signs on the bay parking signs and a lot of the road doesn't seem to have bays but footway parking is allowed.
Where does footway parking start and end?
This case suggests Hounslow may struggle to produce a traffic order showing that the yellow lines and bays are properly set out.
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Case reference 2200184855
Appellant Adam Miller
Authority London Borough of Hounslow
VRM HF51ODV
PCN Details
PCN NJ32095724
Contravention date 02 Feb 2020
Contravention time 15:18:00
Contravention location Amhurst Gardens
Penalty amount GBP 110.00
Contravention Footway parking
Referral date -
Decision Date 18 Jul 2020
Adjudicator Henry Michael Greenslade
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons
Under Section 15(1) of the Greater London Council (General Powers) Act 1974 as amended by Section 76(3)(d) of the Road Traffic Act 1991 and by Section 15 of the London Local Authorities Act 2000, a contravention occurs if a vehicle is parked with one or more wheels on any part of an urban road other than a carriageway.
There appears to be no dispute that the vehicle was in Amhurst Gardens, or that the Penalty Charge Notice was issued to it, as shown in the photographs/digital images produced by the Enforcement Authority. The images show the vehicle with two wheels on the footway.
The appellant’s case is that the vehicle was displaying his father’s disabled person’s parking permit (Blue Badge), whom he was taking to the nearby hospital.
The Blue Badge dos permit paring on a double yellow line, which the vehicle is shown partially at rest on. It does not extend to footways that are not exempt.
This contravention is often called ‘footway parking’. Footway parking is not allowed anywhere in Greater London unless an exemption applies. There is such exemption for part of the footway at this location. This should be indicated by a rectangular blue sign with a white border. However, if any part of the vehicle that is on the footway is outside the markings of the white line then the vehicle is in contravention of the general prohibition. The restriction applies twenty-four hours a day seven days a week. The footway is all land from the edge of the carriageway to the building line. It includes ‘crossovers’ which give access from the road to adjoining premises.
It does remain the responsibility of the motorist to check carefully on each occasion before leaving their vehicle, so as to ensure that they park only as permitted and that this will remain the position for as long as the vehicle will be there. Rule 244 of the Official Highway Code states: You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.
However, it is also the responsibility of the Enforcement Authority to ensure that restrictions and prohibitions are clearly signed so as adequately to inform the motorist of the requirements. In this case the vehicle is shown to be at the end of the street towards the junction and the plan that the Enforcement Authority have produced shows that, surprisingly, the double yellow line extends into the permitted area. It is not clear what his means or what is enforceable.
The Adjudicator is only able to decide an appeal by making findings of fact on the basis of the evidence actually produced by the parties and applying relevant law.
Considering carefully all the evidence before me I cannot find as a fact that, on this particular occasion, a contravention did occur.
Accordingly this appeal must be allowed.
