@tlogic we have a whole array of cases exactly the same or very similar to yours:
Lorna Jennifer Whittick v London Borough of Merton (2160383659, 10 October 2016) (https://drive.google.com/file/d/1Zs6qrypSl0Iehm7EnxcdZCyqSGsjMJRy/view)
Yasmin Robinson v London Borough of Redbridge (221007511A, 29 March 2021) (https://drive.google.com/file/d/1szz0Am2pd-s8w_AzMAcoUjyyvStH9ICS/view)
Aliecee Cummings v London Borough of Lewisham (219023696A, 18 July 2019) (https://drive.google.com/file/d/1lUaIxbhlOx9DxT3XG5AFYWcjFxzPCDwa/view)
Here is a draft representation (the representation must come from the person named on the notice to owner, if the car is registered to your wife the representation needs to be made in her name):
Dear London Borough of Barking and Dagenham,
I challenge liability on the ground that the alleged contravention did not occur. There are footway parking bays on Cavendish Gardens and footway parking has been permitted for over a decade. If you look at the latest images from Google street view at https://maps.app.goo.gl/c1LSrTRKcJhJVxwH8 you can actually see my car parked on the right in exactly the same position as it was when the penalty charge notice was issued.
There are 11 Google Street View captures between September 2008 and March 2022 and in every single instance cars can be seen parked with two wheels on the footpath, this combined with the presence of footway parking bays and the fact that there has to my knowledge never been any footway parking enforcement led me to understand that footway parking is in fact permitted on this road, as it always has been.
Certainly if the local authority has decided to prohibit footway parking, or restrict footway parking to marked bays only, I would expect the local authority to take steps to inform road users of this change, this would normally be done by the use of signs prescribed by diagram 667.1 together with an auxiliary panel stating "In marked bays", however no such signs are present on the road. I would also have expected local residents to be consulted on this change, but I have not received any notification in this regard.
In any event as footway parking is permitted on at least some parts of Cavendish Gardens, the local authority must have passed a resolution under section 15(4) of the Greater London Council (General Powers) Act 1974, and I cannot know if I was in breach of the terms of the resolution without seeing a copy. Therefore if you a minded to refuse this representation, I request that you provide a copy of the resolution so that I may satisfy myself that the footway parking bays are correctly marked on the road.
Yours faithfully,
Send this online and keep a copy as well as a screenshot of the confirmation page.
Also many thanks for posting all the documents properly, this makes our job much easier and you'd be surprised at how few people actually following the posting instructions properly.
Hi CP879,
Thank you so much for your detailed posts.
This is greatly appreciated.
I will issue the above ( in wife name) and keep you all updated as to how I get on.
Thanks again. :)
@tlogic we have a whole array of cases exactly the same or very similar to yours:
Lorna Jennifer Whittick v London Borough of Merton (2160383659, 10 October 2016) (https://drive.google.com/file/d/1Zs6qrypSl0Iehm7EnxcdZCyqSGsjMJRy/view)
Yasmin Robinson v London Borough of Redbridge (221007511A, 29 March 2021) (https://drive.google.com/file/d/1szz0Am2pd-s8w_AzMAcoUjyyvStH9ICS/view)
Aliecee Cummings v London Borough of Lewisham (219023696A, 18 July 2019) (https://drive.google.com/file/d/1lUaIxbhlOx9DxT3XG5AFYWcjFxzPCDwa/view)
Here is a draft representation (the representation must come from the person named on the notice to owner, if the car is registered to your wife the representation needs to be made in her name):
Dear London Borough of Barking and Dagenham,
I challenge liability on the ground that the alleged contravention did not occur. There are footway parking bays on Cavendish Gardens and footway parking has been permitted for over a decade. If you look at the latest images from Google street view at https://maps.app.goo.gl/c1LSrTRKcJhJVxwH8 you can actually see my car parked on the right in exactly the same position as it was when the penalty charge notice was issued.
There are 11 Google Street View captures between September 2008 and March 2022 and in every single instance cars can be seen parked with two wheels on the footpath, this combined with the presence of footway parking bays and the fact that there has to my knowledge never been any footway parking enforcement led me to understand that footway parking is in fact permitted on this road, as it always has been.
Certainly if the local authority has decided to prohibit footway parking, or restrict footway parking to marked bays only, I would expect the local authority to take steps to inform road users of this change, this would normally be done by the use of signs prescribed by diagram 667.1 together with an auxiliary panel stating "In marked bays", however no such signs are present on the road. I would also have expected local residents to be consulted on this change, but I have not received any notification in this regard.
In any event as footway parking is permitted on at least some parts of Cavendish Gardens, the local authority must have passed a resolution under section 15(4) of the Greater London Council (General Powers) Act 1974, and I cannot know if I was in breach of the terms of the resolution without seeing a copy. Therefore if you a minded to refuse this representation, I request that you provide a copy of the resolution so that I may satisfy myself that the footway parking bays are correctly marked on the road.
Yours faithfully,
Send this online and keep a copy as well as a screenshot of the confirmation page.
Also many thanks for posting all the documents properly, this makes our job much easier and you'd be surprised at how few people actually following the posting instructions properly.