Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: pullingmybarnetfair on September 18, 2024, 04:20:20 pm
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Post a draft here first.
Way back in 2008 there was a cycle sign but not by the road and it disappeared by 2009. The posts look like established features.
(https://i.imgur.com/3Gt448H.png)
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Thanks for that. I will use that to appeal.
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This is the regulation:
(1) In a special enforcement area a vehicle must not be parked on the carriageway adjacent
to a footway, cycle track or verge where—
(a) the footway, cycle track or verge has been lowered to meet the level of the
carriageway for the purpose of—
(i) assisting pedestrians crossing the carriageway,
(ii) assisting cyclists entering or leaving the carriageway, or
(iii) assisting vehicles entering or leaving the carriageway across the
footway, cycle track or verge
It isn't (i) from what I can see and there is no signed cycle track for (ii), and the post may be a permanent feature and it obviously isn't a driveway for cars etc. for (iii).
So probably worth having a go at this on the grounds that the contravention didn't occur.
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Yes, those photos are from the right area.
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It's not a no waiting PCN but for parking adjacent to a dropped footway.
Is it here - if so it doesn't appear to be a pedestrian crossing and it's not marked as a cycle track but they could argue it's for motorised mowers or something:
https://www.google.com/maps/@51.5788735,-0.2180794,3a,75y,201.96h,65.79t/data=!3m6!1e1!3m4!1sZTsOjJvs_O1Ckbb82CIqVw!2e0!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MDkxNS4wIKXMDSoASAFQAw%3D%3D
(https://i.imgur.com/KkIhhO2.jpeg)
(https://i.imgur.com/vm0GALf.png)
(https://i.imgur.com/97PKB0P.png)
(https://i.imgur.com/fYmx68u.png)
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The details are:
Barnet London Borough
Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway
Shirehall Lane / Hendon Park
I think there could be grounds to challenge, as the PCN online (image 9) states "No waiting", which is not true. There were no signs or plates informing about waiting or parking restrictions in that area.
Also the car was parked away from the flat part of the dropped kerb, but was close to the angled part going down.
And the ground was dirty at the point the road and pavement merged, so it was difficult to see what was what.
This is clearly designed to try and catch people out as other sections of the same road had double yellow lines, but there were no road markings or plates indicating parking wasn't allowed here. The dropped kerb would allow cyclists or e-scooters to mount the pavement and cycle into Hendon Park - something that isn't even allowed anyway. There is a post in the middle of the path to stop larger vehicles entering the park.
Finally, the offer to pay half price has disappeared - hopefully not a policy change.
Photo links - images 1-8 are the Notice To Owner and 9 is the online 'evidence'.:
https://imgur.com/a/tkBsSva