2240510750
At this scheduled personal hearing the Appellant Company were represented by Mr Murray-Smith, who attended via Teams.
The Enforcement Authority did not attend and were not represented in person, by telephone or in vision.
This is one of two appeals I am considering together arising out of Penalty Charge Notices issued for the same contravention, by the same vehicle, in the same road, on different occasions.
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, and Section 8 of the London Local Authorities and Transport for London Act 2008, a contravention occurs if a vehicle is parked with one or more wheels on or over any part of an urban road other than a carriageway.
There appears to be no dispute that the vehicle was at this location, 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 all four wheels on the footway.
The Appellant’s case is that footway parking is, or may be, allowed in this manner at this part of Darwin Drive.
This contravention is often called ‘footway parking’. Footway parking is not allowed anywhere in Greater London unless an exemption applies. Any exemption should be indicated by a rectangular blue sign with a white border. The Enforcement Authority have produced an image of a sign, but not one taken contemporaneously with those taken at the issue of the Penalty Charge Notice. This sign shows parking with two wheels is permitted on the footway as prescribed by Item 3 in part 4 of Schedule 3 to the Traffic Signs Regulations and General Directions 2016, rather than that at Item 4 thereof, showing a vehicle wholly on footway.
It appears that parking with all four wheels is or at least was permitted in parts of Darwin Drive and the Enforcement Authority had been asked to produce a copy of the exemption but it has responded that it is “unable to find a copy of the resolution”.
It is clear that there must be resolution and the Enforcement Authority have accepted that footway parking is allowed. The issue being clearly raise as to exactly how and where in Darwin Drive this exemption applies, the burden must effectively shift to the Enforcement Authority to explain it.
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.
