Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: 97knit on February 14, 2025, 04:07:09 pm
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It's been gated like that since at least 2009 according to Maps.
The rejection is just a template.
I wouldn't concede the dropped footway serves any purpose and be firm it is certainly not there for any of the three statutory purposes.
However, what's puzzling is why you got the PCN as usually the council won't act unless called by an irate resident. How many neighbours share this alley? Have you spoken to them all?
Mr Anderson is right it could be put to use for motorcycle access and as it is shared, a note by a neighbour is important but all neighbours to sign best.
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Thanks mrmustard and H C Andersen for your comments and insights.
I need to have a look for some documents then I think! Our neighbour said at the time the PCN was issued that it is his and our house (either side of the alley) that have the rights to the alleyway (much like the other alleyways in the road) and that we technically don't have to allow access to other residents in our part of the road, not sure of the technicalities here so something that needs to be looked into more.
The council seem to be relying on it being for pedestrians to cross the road but it wasn't installed for that purpose and there aren't dimples in the paving to assist the blind.
This is what I am hoping may result in the cancellation of the PCN as it is definitely not used for this purpose, never has!
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How did the circled car get there?
[attachment deleted by admin]
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It is there for security purposes for our and surrounding properties
So it's not yours, it's shared and without sight of your deeds I think it's a reasonable premise that any of your neighbours could use it as a vehicle crossover - vehicles of any size e.g. motorbike. The fact remains that it's there and was installed by the highway authority (it seems some years ago) for a reason and on application - they don't install vehicle crossovers on a whim.
Your difficulty is that you cannot claim the exemption of serving your residential property because the access is shared(unlike opposite where the dropped footways seem to be on a property by property basis).
I think that you need to focus on the legitimate expectation argument, but beware that this only works once. In tandem, you could run the 'it's not used for vehicle access' argument. You would probably need input from the occupiers of all properties served by the alleyway(and who might have been party to the gating agreement/order).
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What legal rights does each house have over the alleyway, just on foot or by vehicle?
You may find something in the documents your solicitor gave you when buying (if you ask the most recent incomer they are more likely to have the paperwork).
The council seem to be relying on it being for pedestrians to cross the road but it wasn't installed for that purpose and there aren't dimples in the paving to assist the blind.
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The Notice to Owner letter has come through yesterday and wanted to get some advice about what to put in the representation.
As stamfordman said, the dropped kerb appears to serve no purpose for any of these including a pedestrian crossing at that section of the road, which is the line Waltham Forest is using particularly for this PCN, so I will go down this route of stating the sole purpose of the dropped kerb is for access to the private alleyway, but is there any other evidence you think would be useful to include here? Or other statements?
Our neighbours have still been parking across this alley (as normal) and they haven't received any PCNs. They have also said they are happy to write a letter to support my representation too.
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Why is the access gated? Is it subject to a Gating Order or gating agreement?
It is there for security purposes for our and surrounding properties
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Why is the access gated? Is it subject to a Gating Order or gating agreement?
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This contravention can only be enforced for three reasons:
- Pedestrian crossing
- Cycle access
- Vehicular access
To quote the legislation:
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 appears to serve no purpose for any of these including a pedestrian crossing at that section of the road so I would await the notice to owner.
(https://i.imgur.com/qdvFxYU.png)
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Hi, I received a PCN for contravention 27 Parked in a special enforcement area adjacent to a
footway, cycle track or verge lowered to meet the level of the carriageway on 05/02/2025 at 21:17.
I challenged the PCN which has been rejected by Waltham Forest. This dropped kerb serves as access to our private alleyway, which we share with our neighbours. We all have a shared understanding that we can park over the alleyway if there is no other parking available. In the over 17 years living here (and our neighbours 25+ years), neither of us have ever received a PCN for doing this.
We find it strange it has happened now, but this brings me to my question - what are the next steps?
Waltham Forest are adament this is a footway and it doesn't matter that it provides access to our private alleyway. Our neighbour across the road also parks over her alleyway and did not receive a ticket at the same time (the dropped kerb is to the left of ours, not directly opposite).
I'd appreciate any guidance here, is it worth trying to appeal this when I receive the Notice to Owner or should I pay the £65 and accept we will never be able to park over our alleyway in future?
Thanks.
Street view so you can see the alleyway: https://maps.app.goo.gl/kCvzrTGh5HA8i9Nr8
Rejection letter from Waltham Forest: https://imgur.com/a/wUv5zXe
(https://www.ftla.uk/proxy.php?request=http%3A%2F%2F%5Bimg%5Dhttps%3A%2F%2Fi.imgur.com%2FAi8W138.png&hash=257670bb58cbd82fe5be1fa2b99b416c7dffe6b0)[/img]
(https://www.ftla.uk/proxy.php?request=http%3A%2F%2F%5Bimg%5Dhttps%3A%2F%2Fi.imgur.com%2FrqkDWO5.png&hash=e128c7299a3aa926a0006b79d03c5570e1aac4b5)[/img]
If there are any other details you need, please let me know - thank you!