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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: cupotea on August 06, 2023, 10:21:03 pm

Title: Re: Contravention code 624 - parked in an alley
Post by: guest179 on August 08, 2023, 12:37:36 pm
footpath” means a highway over which the public have a right of way on foot only, not being a footway;
“footway” means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only;

highway maintainable at the public expense” means a highway which by virtue of section 36 above or of any other enactment (whether contained in this Act or not) is a highway which for the purposes of this Act is a highway maintainable at the public expense;

As far as I can see, the map doesn't differentiate between adopted highways which are PRW on foot only and those where there is also a right of way by vehicle.

The point can be stated but IMO would ultimately have to be supported by argument at adjudication.

Is the argument at present that the location is a carriageway but without an associated footway? If one looks from the other end it's possible to see SYL in Little Dorrit Ct which terminate abruptly but on the other hand there isn't a cul-de-sac sign. Yet again the gate which is accessed from Little Dorrit park has a flying motorbike.

Whichever way one looks at it, it's a mess. But what would an adjudicator conclude? I think the authority's response could be predicted.
Title: Re: Contravention code 624 - parked in an alley
Post by: cupotea on August 07, 2023, 06:33:01 pm
That's great to know, thanks for your help!!

Hopefully this info may be of use to someone else.
Title: Re: Contravention code 624 - parked in an alley
Post by: cp8759 on August 06, 2023, 11:40:28 pm
Well Southwark has a very handy mapping website at https://geomap.southwark.gov.uk/connect/analyst/mobile/#/main which confirms that you were parked on an adopted highway:

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

Download that picture, and attach it to your representation:

Dear London Borough of Southwark,

My vehicle was not parked on the footpath, my vehicle was parked on a spur of Disney Street which your mapping website at https://geomap.southwark.gov.uk/connect/analyst/mobile/#/main confirms is an area of adopted highway, please see the attached screenshot.

This spur of Disney Street has no footpath and no parking restrictions.

It follows that the alleged contravention did not occur and the PCN must be cancelled.

Yours faithfully,
Title: Re: Contravention code 624 - parked in an alley
Post by: cupotea on August 06, 2023, 10:23:06 pm
This was a response on the PPP site:

Quote from: MMV Redux date=Sun, 6 Aug 2023 - 16:51
This one has a level of complexity that needs careful consideration as to the definition of a "road" and "footway".

The key case is Clark v. General Accident [1998] 1 WLR 1647:-

https://publications.parliament.uk/pa/ld199...22/clarke01.htm (https://publications.parliament.uk/pa/ld199798/ldjudgmt/jd981022/clarke01.htm)

What must be considered is whether the alleyway has vehicular access.

If we look at GSV history there were bollards which prevented vehicular access in July 2016:-

https://goo.gl/maps/wZ3yS7SeTvbYsSbk6

Since then however they have been removed and a new building constructed to the southern side.

Another key point is that access to the alleyway has a dropped kerb.

The building at the far end of the alleyway looks like a substation with a loading door.

The other issue, as raised by the OP, is whether the place he parked in is not a road or footway but public land. This case is therefore relevant:-

http://forums.pepipoo.com/index.php?showtopic=90145&view=findpost&p=1347065

Given the references above, if we turn to the definition of a "footway" in Article 15 Greater London Council (General Powers) Act 1974 it states:-

“footway” means a way comprised in a road which also comprises a carriage way, being a way over which the public have a right of way on foot only;

https://www.legislation.gov.uk/ukla/1974/24/section/15

I would say, that if vehicles have right of way, we don't have a footway and the contravention given is a nullity.

Last, I would say the PCN (which we must see) cannot give Disney Street as the location because this alleyway is elsewhere.

Wait for other views.

Mick
Title: Contravention code 624 - parked in an alley
Post by: cupotea on August 06, 2023, 10:21:03 pm
Moved from http://forums.pepipoo.com/index.php?showtopic=150966 - I will insert the response I've had so far in the next post.

Hi all,

I received a ticket in Southwark, London, under contravention 624 - Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway (all wheels on footway).

There is an alley which runs between a private housing block and a school playground. Cars/vans are parked there all the time during the week. We're not blocking access to anything and the school don't enter the playground from that side. I was under the impression it was private land but I can't confirm that. I've attached photos and an overhead picture showing where I was parked. The ticket was instant, as in issued the same minute it was first seen. I've never seen a car/van with a ticket for parking there and I overlook that alley so would have noticed.

There's no signage. There is a double yellow on the road nearby but i'm not on that nor the pavement. So i'm not sure if the ticket is valid (which if it is i'll pay no issues) or if they're chancing their arm. I've only recently moved there and getting a parking permit is taking an age so occassionaly I will use that spot. When I do park there i'm as far across as I can be so as not to block anyone that needs to get by, white vans are able to get by to park behind.

Appreciate any assistance. Thanks.


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