3. PCN Parked on Pavement (with pavement parking markings)
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Re: PCN Parked on Pavement (with pavement parking markings)
« Reply #30 on: »
If the OP sends the FoI then we won't have to guess which sign, where and its meaning.

The 'except in marked bays' refers to:

4)A highway authority may by resolution, .....authorise the parking of vehicles[F7—

(a)]on, or on... part of a road] which is a highway other than a carriageway[F9; ..

..and notwithstanding the provisions of this section or of any other enactment or any rule of law...
....it shall be lawful from the specified date for any person to park a vehicle on the [F10road or footpath], or on the part thereof, as the case may be, to which the said resolution or notice relates and is for the time being in force.

A resolution does not have to be blanket, it could specify exact lengths and widths and mark appropriately.

I have known some which have tried to dodge this issue and purport to disapply wherever markings are placed but IMO this is improper, the council should resolve detail not simply the principle and then leave to officers to decide when, where and by how much.

Which should make the OP realise that they need to discover the detail.
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Re: PCN Parked on Pavement (with pavement parking markings)
« Reply #31 on: »
Quote from: H C Andersen on December 02, 2024, 02:34:47 pm
If the OP sends the FoI then we won't have to guess which sign, where and its meaning.

The 'except in marked bays' refers to:

4)A highway authority may by resolution, .....authorise the parking of vehicles[F7—

(a)]on, or on... part of a road] which is a highway other than a carriageway[F9; ..

..and notwithstanding the provisions of this section or of any other enactment or any rule of law...
....it shall be lawful from the specified date for any person to park a vehicle on the [F10road or footpath], or on the part thereof, as the case may be, to which the said resolution or notice relates and is for the time being in force.

A resolution does not have to be blanket, it could specify exact lengths and widths and mark appropriately.

I have known some which have tried to dodge this issue and purport to disapply wherever markings are placed but IMO this is improper, the council should resolve detail not simply the principle and then leave to officers to decide when, where and by how much.

Which should make the OP realise that they need to discover the detail.

I unfortunately havent time to deal with this now as I have season holidays and I wont be around for the PCN deadlines.
Maybe the FOI would provide an argument but because of the gamble in appealing it looks like I will just have to pay the fine.

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Re: PCN Parked on Pavement (with pavement parking markings)
« Reply #32 on: »
In my opinion this is a big violaton of clear signage but I havent heard anyone say I have a clear case here so I will give it 1 more day before I pay.
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Re: PCN Parked on Pavement (with pavement parking markings)
« Reply #33 on: »
I think the issue here is an adjudicator would go along with the parked in marked signs in the area if the council got its act together with its evidence pack.

But this could be trumped with finding out that they haven't designated specific bays only as footway exemptions from the resolution.

Is what I think Mr Anderson is saying. 

As you are only at the first stage I think you should have a go.
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Re: PCN Parked on Pavement (with pavement parking markings)
« Reply #34 on: »
Quote from: stamfordman on December 03, 2024, 07:36:30 pm
I think the issue here is an adjudicator would go along with the parked in marked signs in the area if the council got its act together with its evidence pack.

But this could be trumped with finding out that they haven't designated specific bays only as footway exemptions from the resolution.

Is what I think Mr Anderson is saying. 

As you are only at the first stage I think you should have a go.

Having a go and losing costs an extra $55!

Sadly
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Re: PCN Parked on Pavement (with pavement parking markings)
« Reply #35 on: »
Sorry I forgot Havering is not reoffering the discount.

The trade-off is if they reject you can have two more bites at them at NTO and appeal stage and make them work for their money by providing evidence that will stand up at the tribunal.

But £55 makes it go away now. 
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Re: PCN Parked on Pavement (with pavement parking markings)
« Reply #36 on: »
You appear to have paid which was your choice.

This does NOT have to be the end of the matter and you can still submit a FoI to the council, when you have time.

I [live in Oates Road] and I refer to the markings on the footway as can be seen in the attached [photos of markings o/s no. **]. I [am unclear as to their meaning and]should be grateful if you would advise me as to their purpose and, if in connection with a disapplication of the London-wide statutory footway parking prohibition, the location of the nearest mandatory traffic signs which alone convey the meaning of these markings to motorists and a copy of the council resolution which authorised the parking of vehicles in this manner. For your information, s15 Greater London Council (General Powers) Act 1974 refers.
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  3. PCN Parked on Pavement (with pavement parking markings)