Author Topic: Haringey, Code 62(c) wheel parked on footpath / crossover, Hi Q Tyres, 367a High Rd, Truro Road N22 8JA  (Read 377 times)

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Hello,

I hope this post finds you well. Thank you to everyone in advance for any help you can provide. (Apologies if how I have posted is incorrect).

PCN Issued - 12/05/24
Reduced Rate PCN till - 26/05/24
PCN Payment Due by - 09/06/24

Locals have parked under the tyre garage cover for years (I have lived here over 20 years) with no issue or PCN on any cars parked here. The tyre garage closes 1pm Saturday and does not reopen till Monday so locals park underneath and I know the owner of the garage and he has no issues me parking there in closed hours.

I parked Saturday night (11/05/24) and in the morning (Sunday 12/05/24) had a PCN on the car for allegedly parking on the footpath.

This is an access point for vehicles to access the tyre garage. The footpath stops before and after the tyre garage for which I have uploaded marked photos to the link below.

Images uploaded here
https://imgur.com/a/qPqxEfp

Location
https://maps.app.goo.gl/MAjUx9tMuVnNUqSp7
« Last Edit: May 14, 2024, 03:52:31 pm by td129 »

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It's clear that your car was protruding into the footway, (the garage entry is a crossover over the footway). This will be the reason for the PCN.

Looking back on the GSV views over previous years there aren't many when the garage is close, but this one of March 2018 backs up your narrative of parking there being tolerated, and all the vehicles are blocking the footway ! So it does look as if either (1) somebody has complained, or (2) there is "new broom" in the parking enforcement department.

I have to reluctantly say that the contravention seems to be made out, so the PCN is correctly issued. However, can you please post-up the back of the PCN so we can see if the "small print" contains fatal errors.

In terms of a defence, you say people have parked in this way here for about 20 years without getting ticketed, so you have a potential argument of "legitimate expectation" of no enforcement. If you want to follow this line, you would need to assemble some evidence of non-enforcement as back-up.

Anyway, wait a bit for others to comment, but don't wait so long you miss the deadline to pay or submit reps.

Hi Incandescent, thanks for the reply, I appreciate it! I guess the new guy in town is the thing.

See attached photos for back of the PCN & a photo I just took tonight showing someone parked there haha.



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Apropos the back of the PCN it mostly looks OK, but that 0300 number may need checking. If the council gets a backhander from the phone provider for using it, they are asking for more than the PCN penalty. Someone on here will know if it's kosher or not.

I wonder if the driver of the car in your latest photo got a PCN ! The other thing is that it is possible the council have increased the period when their CEOs patrol this street. It may once have have been only Monday-Friday, and is now  seven days a week.

No PCN yet on the other car, it's such a random occurrence and even when I have parked there during the week overnight (as long as I will be leaving before the garage opens) no one used to receive a PCN.

I wait on the 0300 number. Seems like I might be up the creek without a paddle on this occasion.

Appreciate the help!

Well, you may be up the creek, but you do have a paddle, being the "legitimate expectation" of no enforcement at weekends. So submit reps on this basis.

If they prove obdurate, i would suggest you contact your local councillor on this issue. Parking space is cramped enough in London and can do without overzealous council enforcement coining it at motorist's expense.

I have to say these photos taken by the CEO seem conclusive:





The car is well over the footpath so we're in the realms of a technical defence. I have to say I don't think there is enough to substantiate such a defence, you'd need witness statements from at least 3 or 4 people who could credibly testify that there has been no enforcement for X number of years.

Even then, if the council can show that it has issued PCNs at this location before, even if only every now and then, that blows any legitimate expectation claim out of the water.

That's not to say you should pay: you might as well submit both informal representations and formal representations. As long as the notice to owner is challenged within 14 days of issue the discount will almost certainly be reoffered, and the council might make a procedural сосk-up along the way.
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

Thanks for the advice everyone, appreciate the input even if it is to say I am in the wrong! Good to know and with the change i'll make sure not to park there anymore. I'll appeal and see.

Parking parallel to the garage doors would put the car off the footpath?
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Yes you're right, I'll do that going forward! Good idea