3. PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
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PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
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This post is a continuation from my thread on Fightback Forums.

Summary
Location: Barnfield Road (Street view)

There is a sign permitting parking on the footway in marked bays.

I received this PCN attached to the windscreen:
https://ibb.co/gZ4pQbV
https://ibb.co/HKt3CkP

Latest update
I've received a Notice to Owner about this last week

As far as I can see, it allow me 28 days from the date of service to respond - doesn't seem mention anything about getting a discount for responding within 14 days but from the way you explained it, I guess that 2nd opportunity to pay at the discounted rate is just one of those things that they don't tell you until the next stage.

(A fightback forum member, Incandescent, has posted an explanation as to why councils re-offer the discount after a formal challenge to NTO)

A few more points to add, not sure if any of them are relevant:
  • The car was only parked there for around 20mins (I think I even saw the traffic warden turning out of the road as I was walking back to the car)
  • It was to pick up children from a nearby school
  • The car wasn't obstructing anyone, and most of their arguments in their response to my informal challenge don't make sense because there are other footway parking bays along the same stretch of road
  • There was a marked bay in that exact spot previously - but it was a while ago, Google Street view image shows it in 2009.

Thanks again for all your help with this.[/li][/list]
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Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
« Reply #1 on: »
I've chased up the footway parking resolution, in the meantime all you can do is make another plea for discretion on day 14, i.e. by midnight on Sunday 25 June.
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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 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: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
« Reply #2 on: »
I have received a notice of rejection of the formal representations, attached to this post.

Interestingly I passed by the location recently and I think I noticed that there is now a yellow line painted in that exact spot. However probably this is irrelevant as a new CPZ has been implemented in that road since the date of the original 'offence'.

They have re-offered a discount for paying within 14 days.

Any news of the footway parking resolution?

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Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
« Reply #3 on: »
I'll have to escalate the information request to the Information Commissioner, in the meantime I'll flag this to Mr Mustard to see if he has any ideas.
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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 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: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
« Reply #4 on: »
I have kept my eye on this post for which CP8759 has nudged me but have no good ideas, I actually think paying the 50% is the wisest course.

Pavement parking PCNs are some of the hardest to beat.

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I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
« Reply #5 on: »
Annoyingly there is still no footway parking resolution from the council, and I've had to escalate this to the Information Commissioner's Office.
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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 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: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
« Reply #6 on: »
cp8759, Mr Mustard - thank you both so much for your advice on this one. I really appreciate it.
Even though it looks like the outcome is that I will have to pay the fine, at least I know that it's been carefully looked into.
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Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
« Reply #7 on: »
Finally got an outcome from the council:

Quote
Response

I have reviewed the case and can confirm that I uphold your request for review. The requested information was clearly not provided and the original response was incorrect on a number of points, including the reference to the Traffic Management Order, providing a link which did not provide the relevant information, and stating that the information was held by this authority, when they had not identified the relevant information.

On the latter point, the main reason for the delay in providing a response to your request for review was that I asked the service to conduct initial searches to identify the requested information. Unfortunately, despite searching all relevant information holdings - electronic, paper, offsite - these searches failed to identify the relevant footway parking resolution. I therefore have to confirm that the information is not held by this authority.

I apologise again for the delay in providing this response.

So, if a footway parking resolution ever existed, they've lost it. In the circumstances it would have been maybe 50 / 50 at the tribunal depending on which adjudicator you got. Some would give you the benefit of the doubt that the resolution might lift the footway parking ban from the entire road, others would say that it's for you to show that the footway parking ban has been disapplied.
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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 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: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
« Reply #8 on: »
Thanks so much for following up on this. Meanwhile I've since paid the fine but I really appreciate how thorough you've been - even after the deadlines have passed.
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Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
« Reply #9 on: »
Quote from: feelsunfair on September 03, 2023, 01:50:22 am
Thanks so much for following up on this. Meanwhile I've since paid the fine but I really appreciate how thorough you've been - even after the deadlines have passed.
If you paid the full PCN penalty, not the discount, you have served yourself quite badly because the penalty at the adjudicators remains the same. It is a no-brainer to councils to adjudication once the matter has got to the NtO stage, and the discount has not been re-offered.
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Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
« Reply #10 on: »
Quote from: Incandescent on September 03, 2023, 09:57:10 am
If you paid the full PCN penalty, not the discount, you have served yourself quite badly because the penalty at the adjudicators remains the same.

The discount was re-offered in the response to my formal challenge and I paid within the 14-day timeframe, so I paid at the 50% discounted rate.
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Re: PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road
« Reply #11 on: »
Quote from: feelsunfair on September 04, 2023, 12:16:28 am
Quote from: Incandescent on September 03, 2023, 09:57:10 am
If you paid the full PCN penalty, not the discount, you have served yourself quite badly because the penalty at the adjudicators remains the same.

The discount was re-offered in the response to my formal challenge and I paid within the 14-day timeframe, so I paid at the 50% discounted rate.
Good to hear it.
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  3. PCN Code 62 (Parked on Footway) - LB Barnet - Barnfield Road