thanks for your help guys, unfortunately I Was unsuccessful , I wonder if it would have made any difference if i had parked on the single yellow and blocked the road or a double yellow (not blocked the road) here is the council response.
Challenge
In your challenge you state that your father passed away in September 2023, you are his
only child and tasked with clearing his house. You said you hired a van (zipcar.com) Friday
29th Sept at 10.30pm, but when you arrived at the pick up point there were not any parking
spaces. You also said that there was a single yellow line where it would have been free to
park at that time but if I did park in the road, it would have blocked the whole road off so you
parked on the curb of the single yellow line. You included a copy of your father's death
certificate, proof of your zipcar booking and your driving licence details, to support ylour
claims.
Response
I have considered your points and I do not dispute your mitigating circumstances therefore, I
would like you to please accept my condolences for your loss.
However, I must inform you that there is a London-wide ban at all times on vehicles parking
on any part of the footway over which pedestrians have access. According to parking
legislation in order to qualify for the exemption to park on a footway for unloading / loading,
the vehicle must not be left unattended.
Please refer to parts 3.d, 3.d(i) and 3.d(ii) of the “Greater London Council (General Powers)
Act” 1974 which clearly states that:
(3)A person shall not be convicted of an offence under this section with respect to a vehicle if
he proves to the satisfaction of the court that the vehicle was parked
(d)for the purpose of loading or unloading goods, and—
(i)the loading or unloading of the vehicle could not have been satisfactorily performed if it had
not been so parked; and
(ii)the vehicle was not left unattended at any time while it was so parked.
As your vehicle was left unattended at the time the PCN was issued, I must reject your
challenge.
I must therefore still request payment of £65.00 before the end of the period of 14 days
beginning with the date of service of this letter. If payment is not received within this time the
full amount of £130.00 will be due.