3. PCN at my own driveway - pavement parking - Bexley
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cesur

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PCN at my own driveway - pavement parking - Bexley
« on: July 02, 2024, 07:44:25 am »
I am re-opening this topic that I had started in pepipoo forum.

I had parked in front of my house and partly on footpath. There is a notice at the street entrance about parking in marked bays which I wasn't aware.
Now my appeal has been rejected.
I have added the rejection letter in the evidence images: https://photos.app.goo.gl/pBcEDp3zpEpMxjUm7

To note, I will be abroad for 5 weeks soon. I need to ensure I don't miss any correspondence to my address.

Is there any further advice on this one?
Thanks
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FaeLLe

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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #1 on: July 02, 2024, 03:15:43 pm »
I would consider making representations regarding permitted exceptions for loading and unloading and the need to maintain an observation period.

The PCN also does not seem to record the extra information required. This is in the CEO handbook for a purpose (in my opinion to identify whether there is any other safe location to unload).

There are also permitted exemptions, 'DNOP,' for code 63 contravention. Perhaps you were waiting for the driveway to be made clear before you entered it.

EXEMPTION O. A vehicle waiting while a gate or barrier is opened closed
to allow access or departure to from premises

Check out: https://archive.londoncouncils.gov.uk/services/parking-services/parking-and-traffic/parking-information-professionals/civil-enforcement

Code description:
Parked with one or more wheels on or over a footpath or any
part of the road other than a carriageway.
Code contravention:
The contravention occurs when a vehicle waits on any part of
a footpath or footway.
Extra information to be recorded:
• Number of wheels on the footway
• Diagram or photograph of the parking position.
Loading/unloading allowed:
Yes, but only if it is essential so as not to cause an
obstruction and cannot be carried out elsewhere.
Observation period:
If essential as described above, then yes.
Exemptions:
DNOP
Notes:
A footway means a way comprised in a road which also
comprises a carriageway, being a way over which the public
have a right of way on foot only.
A footpath means a highway over which the public have the
right of way on foot only, not being a footway.
Footway parking is allowed where signs and markings offcially
authorise them.
« Last Edit: July 02, 2024, 03:17:14 pm by FaeLLe »
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peodude

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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #2 on: July 02, 2024, 04:25:42 pm »
What we found regularly on the old site is that the exemption for the kerb parking usually applied to the whole street, rather than just the bays, one of the regulars will be along shortly to confirm exactly what you need to ask for.
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H C Andersen

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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #3 on: July 02, 2024, 05:23:55 pm »
There is a notice at the street entrance about parking in marked bays which I wasn't aware.

Dated GSV shows that there are more marked bays in this and adjoining roads than one can shake a stick at, including one behind your car. There isn't a photo of the sign in evidence and GSV doesn't help. You need to do some legwork.

Are you the registered keeper with current V5C.
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cesur

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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #4 on: July 02, 2024, 11:49:22 pm »
Quote from: H C Andersen on July 02, 2024, 05:23:55 pm
There is a notice at the street entrance about parking in marked bays which I wasn't aware.

Dated GSV shows that there are more marked bays in this and adjoining roads than one can shake a stick at, including one behind your car. There isn't a photo of the sign in evidence and GSV doesn't help. You need to do some legwork.

Are you the registered keeper with current V5C.

Yes, I am the registered keeper with the current V5C at this address.
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cp8759

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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #5 on: July 03, 2024, 09:52:30 pm »
As per the guidance here, please re-post the PCN without redactions, also please give us a link to the location on google street view.

Lastly please check if this site is still there: https://maps.app.goo.gl/chu5rPKhxWt3SkDs6

In the meantime I'll get hold of the footway parking resolution.
« Last Edit: July 03, 2024, 09:54:37 pm by cp8759 »
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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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

cesur

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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #6 on: July 05, 2024, 11:11:29 pm »
Quote from: cp8759 on July 03, 2024, 09:52:30 pm
As per the guidance here, please re-post the PCN without redactions, also please give us a link to the location on google street view.

Lastly please check if this site is still there: https://maps.app.goo.gl/chu5rPKhxWt3SkDs6

In the meantime I'll get hold of the footway parking resolution.

I have included the unredacted version of PCN in the shared album linked in my first post. https://photos.app.goo.gl/pBcEDp3zpEpMxjUm7

I can confirm the sign in your GSV image is still there.
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cp8759

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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #7 on: July 07, 2024, 06:16:50 pm »
What are the dates when you'll be away? Are you able to ask a friend or neighbour to check your post for you?
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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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

cesur

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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #8 on: July 08, 2024, 10:26:40 pm »
Quote from: cp8759 on July 07, 2024, 06:16:50 pm
What are the dates when you'll be away? Are you able to ask a friend or neighbour to check your post for you?

Yes, I can ask a friend to check my post.
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cesur

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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #9 on: August 05, 2024, 08:57:50 pm »
Hello,

NTO has arrived. I have added it in the same album: https://photos.app.goo.gl/pBcEDp3zpEpMxjUm7
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Hippocrates

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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #10 on: August 05, 2024, 09:34:16 pm »
(g)the order which is alleged to have been contravened in relation to the vehicle concerned, except where it is an order to which Part 6 of Schedule 9 to the RTRA 1984 applies, is invalid;

Not properly expressed in the NtO.

https://www.legislation.gov.uk/ukdsi/2022/9780348231564/regulation/5

Website:

Parking

Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway

We will consider your appeal according to our appeals policy. If your reason for appeal is not listed in the policy, we are unlikely to accept it. However we will still consider your case individually.

Search for a reason

About as helpful and valid as a nail in my thumb!
« Last Edit: August 05, 2024, 10:20:14 pm by Hippocrates »
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How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

URGENT!

PLEASE SIGN MY PETITION TO EQUATE MOVING TRAFFIC LAW WITH BUS LANE LAW SO LONDON COUNCILS MUST ATTEND HEARINGS WHEN REQUIRED BY THE APPELLANT. 

https://petition.parliament.uk/petitions/701491

https://www.ftla.uk/the-flame-pit/petition-to-align-the-llaa-2003-to-the-llaa-1996-(right-to-x-council-witnesses)/msg56899/#msg56899

cp8759

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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #11 on: August 20, 2024, 12:18:42 pm »
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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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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cesur

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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #12 on: August 20, 2024, 12:22:55 pm »
GSV of the exact parked place: https://maps.app.goo.gl/XApK9dSL4J23RbrR7
« Last Edit: August 26, 2024, 11:32:37 am by cp8759 »
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cesur

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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #13 on: August 20, 2024, 05:34:05 pm »
Satellite image of where the car was parked: https://photos.app.goo.gl/W9XDVRYpctuaa7ab9

https://drive.google.com/file/d/1IAs-NoI8XeRuJnntEpICK3sb6ZlyDbJp/view
Page 190 for Key
Page 308 for Olron Crescent (the parked place is in front of the house where circled S is near the road curve at the bottom right)

Right to the post there is a marked bay half on the pavement but I don't see a marking on the map.

What do we make out of this map? could you explain, please?
« Last Edit: August 20, 2024, 05:36:02 pm by cesur »
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cesur

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Re: PCN at my own driveway - pavement parking - Bexley
« Reply #14 on: August 25, 2024, 12:33:23 pm »
What is the recommended route for this PCN?
@cp8759, @Incandescent, @Hippocrates
« Last Edit: August 25, 2024, 01:46:18 pm by cesur »
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