Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Mgrun on August 06, 2023, 07:51:54 pm

Title: Re: Haringey PCN - Contravention code 62(2)
Post by: cp8759 on September 11, 2023, 01:01:54 am

Just wait for the Notice to Owner and let us know when you've got it.

Title: Re: Haringey PCN - Contravention code 62(2)
Post by: Pastmybest on September 10, 2023, 10:09:49 pm

Quote from: Mgrun on September 10, 2023, 06:27:16 pm

Please see attached

Well they tell you you cannot park partly on the footway unless signs say otherwise, They do so you can

Title: Re: Haringey PCN - Contravention code 62(2)
Post by: Mgrun on September 10, 2023, 06:27:16 pm

Please see attached

[attachment deleted by admin]

Title: Re: Haringey PCN - Contravention code 62(2)
Post by: John U.K. on September 10, 2023, 05:49:51 pm

Please post up a copy of the rejection, redacting only name & address.

Title: Re: Haringey PCN - Contravention code 62(2)
Post by: Mgrun on September 10, 2023, 05:25:16 pm

We have carefully considered what you say but we have decided not to cancel your Penalty Charge
Notice (PCN).
You were issued a PCN for parking with one wheel (or more) on the pavement or off the road.
Pavement or off-road parking is not allowed unless signs say otherwise. This rule applies 24 hours a
day, seven days a week, and is enforced because vehicles:
• can get in the way of pedestrians, especially blind people or people with prams; and
• can damage paving or underground pipes.
I can advise that any part of the public highway not set aside for vehicles is covered by the footway
parking ban. This includes grass verges, central reservations, ramps linking private property to the
road and pedestrian crossings. Cars and other vehicles should only be parked on the road away from
places where access is needed.
Furthermore, please see Highway Code rule 244: which states you MUST NOT park partially or
wholly on pavements in London. There may be exceptions where road signage shows different
restrictions.
Parking Laws UK | Highway Code Parking Rules for Cars (theukrules.co.uk)

(This is what I received back from harringay regarding my PCN
Please advise)

Thanks

Title: Re: Haringey PCN - Contravention code 62(2)
Post by: Mgrun on August 07, 2023, 12:15:06 pm

Thanks so much!

Submitted, and will keep you posted.

Title: Re: Haringey PCN - Contravention code 62(2)
Post by: cp8759 on August 06, 2023, 10:44:57 pm

There are footway parking signs dotted around Vale Road here (https://goo.gl/maps/8gon83VKLUD7AVEF7) there (https://goo.gl/maps/1ULucML2KzDDJ3Do6) and everywhere (https://goo.gl/maps/YGuRUX8zmNRkUuiX8), none of those signs say "in marked bays".

Draft reps:

Dear London Borough of Haringey,

There are footway parking bays along much of the length of Vale Road, and there are multiple signs using diagram 667 along this road and neighbouring roads as well. None of those signs use diagram 667.1 with a lower panel stating "In marked bays", so there was no reason for me to believe that the footway parking exemption had been confined to the bays.

It is obvious the footway parking ban has been partially lifted from this road by a resolution passed under section 15(4) of the Greater London Council (General Powers) Act 1974, and section 15(5) states that:

A highway authority shall, before the date specified in a resolution passed or notice issued in accordance with the last foregoing subsection, take such steps as are necessary to secure the placing on or near the road or footpath, or the part thereof, to which the resolution or notice relates of such traffic signs in such position as they consider requisite.

In this instance the authority has defaulted in its duties under section 15(5) to clearly signpost the effect of the footway parking exemption, as a result of which the alleged contravention did not occur.

It follows that the PCN must be cancelled.

Yours faithfully,

Put that in a PDF file to preserve indentation and italics formatting, and upload it to them as an attachment.

Title: Re: Haringey PCN - Contravention code 62(2)
Post by: Incandescent on August 06, 2023, 09:24:09 pm

So here ?
https://goo.gl/maps/XspmghXLVNE9Z8mQ9

The parking bays are clearly signed on both sides to allow parking part-way off the carriageway, but you say you didn't park in them, but on the yellow line.  Parking off-carriageway has been an offence in London since the 70s, but here the council have decided to allow it. They must therefore have passed a resolution to over-ride the restriction in that street, but having decided so, they have marked the bays and put in some yellow lines.  This will require a traffic order.
So the matter needs investigating further to see the traffic order for the street, because one is needed for the yellow lines. The PCN is not for these, but for parking off-carriageway, the council apparently considering that these negates their resolution to over-ride the 70s law where a yellow line exists.

Title: Haringey PCN - Contravention code 62(2)
Post by: Mgrun on August 06, 2023, 07:51:54 pm

I stopped for several minutes on Vale Road on a single yellow, and parked with my wheels on the pavement, as the bay across the road is also half on the pavement.

Is there anything I can appeal on here?

See PCN attached




[attachment deleted by admin]