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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: jaymo22 on September 23, 2024, 12:39:57 am

Title: Re: LBHF, PCN, 62. Parked on or over a footpath, North End Road, W14
Post by: Incandescent on September 26, 2024, 09:56:04 am
I just found an article on the LBHF website describing improvement works from a couple of years back for "making the road safer by bringing market bays up to pavement level." - these are bays for market traders ::)

The absense of a sign indicating as much is somewhat frustrating and no doubt has caught some others out too - I saw more cars further up the road parked in these "bays" when taking the above photos earlier this evening.

See https://www.lbhf.gov.uk/transport-and-roads/roads-bridges-and-pavements/north-end-road-improvement-works
I did wonder what the black bollard was !

If nobody comes up with anything before the discount period expires, it might be best to pay-up.
Title: Re: LBHF, PCN, 62. Parked on or over a footpath, North End Road, W14
Post by: jaymo22 on September 26, 2024, 12:20:21 am
I just found an article on the LBHF website describing improvement works from a couple of years back for "making the road safer by bringing market bays up to pavement level." - these are bays for market traders ::)

The absense of a sign indicating as much is somewhat frustrating and no doubt has caught some others out too - I saw more cars further up the road parked in these "bays" when taking the above photos earlier this evening.

See https://www.lbhf.gov.uk/transport-and-roads/roads-bridges-and-pavements/north-end-road-improvement-works
Title: Re: LBHF, PCN, 62. Parked on or over a footpath, North End Road, W14
Post by: jaymo22 on September 26, 2024, 12:17:26 am
I have to say, having now seen your photos, that this doesn't look at all like a bay. because the kerb is raised. This indicates that all they have done is widen the footway, and used blocks rather than the,(probably), more expensive paving slabs. I see that there is a loading restriction too, as there are kerb blips.

I'm afraid it doesn't look hopeful to me based on the contravention itself; the PCN would seem to have been correctly served, but there may be a "technical" appeal argument that others may see.

The absence of a bay sign indicates the location may well be within a CPZ.

Thanks. The kerb is raised but I have seen/used parking bays that are partially/fully on a pavement in London before. The three grey blocks marking out the "bay" at either end, the EV charger, and the change of block paving colour lead me to believe these were parking bays too.

There is a CPZ but the hours of operation are until 8pm, if I am not mistaken. I assumed the single yellow line indicated no parking on the road during the controlled hours - in hindsight, I should have just parked on the road even though it would have caused a nuisance to other road users...
Title: Re: LBHF, PCN, 62. Parked on or over a footpath, North End Road, W14
Post by: Incandescent on September 25, 2024, 11:27:42 pm
I have to say, having now seen your photos, that this doesn't look at all like a bay. because the kerb is raised. This indicates that all they have done is widen the footway, and used blocks rather than the,(probably), more expensive paving slabs. I see that there is a loading restriction too, as there are kerb blips.

I'm afraid it doesn't look hopeful to me based on the contravention itself; the PCN would seem to have been correctly served, but there may be a "technical" appeal argument that others may see.

The absence of a bay sign indicates the location may well be within a CPZ.
Title: Re: LBHF, PCN, 62. Parked on or over a footpath, North End Road, W14
Post by: jaymo22 on September 25, 2024, 11:11:13 pm
Signs are especially important. I see a yellow line next to this "bay", but the CEO whalloped you for parking off-carriageway which doesn't look right at first glance, but can't give good advice until we can see what is there.

These are the only images I was able to take since it's quite a busy road. I do not see any signage indicating restricted hours for parking.


(https://i.imgur.com/vaemlne.png)

(https://i.imgur.com/0Fad1S0.png)
Title: Re: LBHF, PCN, 62. Parked on or over a footpath, North End Road, W14
Post by: Incandescent on September 23, 2024, 12:00:06 pm
I just have the photo from the pavement perspective included above. I can take more photos tomorrow and post back! Thanks!
Signs are especially important. I see a yellow line next to this "bay", but the CEO whalloped you for parking off-carriageway which doesn't look right at first glance, but can't give good advice until we can see what is there.
Title: Re: LBHF, PCN, 62. Parked on or over a footpath, North End Road, W14
Post by: jaymo22 on September 23, 2024, 11:47:01 am
I just have the photo from the pavement perspective included above. I can take more photos tomorrow and post back! Thanks!
Title: Re: LBHF, PCN, 62. Parked on or over a footpath, North End Road, W14
Post by: Incandescent on September 23, 2024, 11:42:03 am
Thanks for your reply. I had included a GSV link in the original post but it was not obvious. Here is the full hyperlink:

https://maps.app.goo.gl/pCuNZq2ooRKU1iHY6
What a pity the GSV camera van didn't pass there again, because the 2022 view shows the new widened pavement being installed. Any chance of some photos ? Legwork, I'm afraid.
Title: Re: LBHF, PCN, 62. Parked on or over a footpath, North End Road, W14
Post by: jaymo22 on September 23, 2024, 11:13:10 am
Thanks for your reply. I had included a GSV link in the original post but it was not obvious. Here is the full hyperlink:

https://maps.app.goo.gl/pCuNZq2ooRKU1iHY6
Title: Re: LBHF, PCN, 62. Parked on or over a footpath, North End Road, W14
Post by: Incandescent on September 23, 2024, 10:27:16 am
Please post a GSV link to the exact location. How to do this is in here: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Title: LBHF, PCN, 62. Parked on or over a footpath, North End Road, W14
Post by: jaymo22 on September 23, 2024, 12:39:57 am
Hi all,

I parked in what I thought was a parking bay on North End Road, W14 at this location (https://maps.app.goo.gl/pCuNZq2ooRKU1iHY6) briefly for around 15 minutes one evening. I was issued a PCN that was left on the windscreen. The registered keeper (not me, the driver) attempted to challenge this but it was refused, see below response.

I am aware that parking on a footpath in London is prohibited but I mistook this location for a parking bay. The change in block paving and surfacing colour as well as the EV charging point lead me to believe that this is a parking bay. There is no signage indicating that parking is controlled. There were many other vehicles parked further up the road in a similar manner, indicating others had made similar mistake.

Do I have a case here or should I just pay the fine?

Thanks!



PCN:
Quote
(https://i.imgur.com/fjeKlW7.jpeg)



Response
Quote
(https://i.imgur.com/OnH1KpM.jpeg)
(https://i.imgur.com/oMPXQds.jpeg)
(https://i.imgur.com/JDpw8xI.jpeg)



Parking Bay:
Quote
(https://i.imgur.com/77YqoCV.jpeg)