Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ML150984 on February 21, 2025, 09:11:38 pm
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The date was 25th Feb and I have 14 days from then to make the reduced payment. Given your advice, I think i should just pay it then :-\
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What's its date? We can't calculate the end of the discount period without it.
As regards the contravention, I don't see that you have a defence based upon what's been posted.
Signs aren't required; you've not suggested that you've parked in this way for years without issue(IMO the basis of legitimate expectation, not what you might have observed momentarily on the day); and there's no footway parking bays wholly/partly on the footway in Foxlands Crescent.
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Just seeing if there was any advice off the back of the response I posted from B&D above? Thanks in advance
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B&D have turned their response around in 24 hours. They have rejected my challenge. Please see letter enclosed.
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The image you posted isnt loading for me for some reason
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There are some resident bays marked on Barking's traffic order map but no footway bays. It's probably customary or there is a resolution misapplying the ban in the area.
(https://i.imgur.com/CeB6KR1.png)
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They make it so difficult by only letting you submit 1000 characters in the explanation box. It doesn't cover half of my wording
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Thank you. I will make that change and submit it now. Thanks for the help and advice. I will keep you posted
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You are not "formally appealing", you are "challenging" the PCN. At the Notice to Owner, you can submit "Formal Representations", and if you get as far as the adjudicators at London Tribunals, you "appeal".
Otherwise, it looks OK. I'll be interested to see what prestidigitation B & D use to justify rejecting your reps !
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Do you think this is okay?
I am writing to formally appeal the Penalty Charge Notice (PCN) XXXXXXXXX issued to my vehicle, XXX XXX, on 16/02/2025 for allegedly parking on the curb on Foxlands Crescent, Dagenham.
I believe this ticket was issued unfairly for the following reasons:
1. Off-Carriageway Parking is Generally Permitted – On parts of Foxlands Crescent and its surrounding roads, it allow vehicles to park partially on the curb, and it is evident that the Council has disapplied the general ban under Section 15(4) of the Greater London Council (General Powers) Act 1974. This is further supported by the fact that side streets adjacent to Foxlands Crescent also permit off-carriageway parking.
2. Lack of Proper Signage – Where a council has disapplied the footway parking ban, it must install clear signage to indicate where parking is and isn’t permitted. On Foxlands Crescent, there are no signs indicating any restrictions or limitations regarding curb parking. The absence of these required signs creates confusion and makes it impossible for motorists to determine where off-carriageway parking is allowed or prohibited.
3. Legitimate Expectation – Given that off-carriageway parking is visibly permitted along the road and surrounding areas without issue, it is reasonable for a motorist to assume that parking partially on the curb was lawful. The lack of clear restrictions further strengthens this expectation.
In light of the above, I respectfully request the cancellation of this PCN on the grounds that the alleged contravention was unclear and unenforceable due to the lack of required signage.
I have attached photographic evidence showing the absence of signage along Foxlands Crescent and the presence of vehicles legally parked in a similar manner in the vicinity.
I look forward to your confirmation that this ticket has been cancelled. If the appeal is rejected, I request a full explanation detailing the legal basis for enforcement in this specific location.
Yours faithfully,
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Thank you. I will write up my defence on Monday. Is it okay if I post it on here before I submit it for you to glance over?
Yes, please.
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Thank you. I will write up my defence on Monday. Is it okay if I post it on here before I submit it for you to glance over?
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A CPZ does not control off-carriageway parking at all, merely the times and days for the single yellow lines. The off-carriageway parking ban covers the whole of London and has done since the 70s. Councils can disapply the ban by passing a resolution, and then must put up signs that show where off-carriageway parking is allowed.
As I said, if Dagenham come back on your reps telling you the street is in a CPZ, it shows their total ignorance of parking law. Past experience of Dagenham is that they are not the shiniest piece of jewellery in the box.
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Thanks for the advice. TBH, when I drove down , Foxlands that sign on the corner of Gay Gardens didn’t have the yellow sign on it and I assumed the controlled parking was relating to Gay Gardens on Mon - Fri. I don’t know if that makes any difference. I took a screen shot off my video I took.
Would the single yellow line have an impact on my defence if the further part of the street where they allow parking on the curb didn’t have a yellow?
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As SFM says, it comes down to signage, and the small print on the PCN.
We have seen things like this in Dagenham before, who seem to be a totally dozy council, but unfortunately, the more dozy they are, the more money they make !
Just looking around in GSV, it seems clear that off-carriageway parking is tolerated in the side streets off Gay, rather than permitted, because there seem to be no signs at all that allow it. Where you parked there are also no signs, but a sign here : -
https://maps.app.goo.gl/PHSiQifGpozdEyWg6
telling you that beyond the sign is a Controlled Parking Zone. The times on this sign control the single-yellow lines in the zone. However, your PCN is not for contravening this, but for parking off-carriageway. This has been an offence in London since the 70s and needs no signs or lines. So on the face of it, the PCN seems to be correctly served. Except, of course, that one can see that streets leading off where your PCN was served, allow off-carriageway parking, yet there are not signs to permit it, against the London-wide ban.
So here: -
https://maps.app.goo.gl/zu2zmLznLqV3eMhe8
and here
https://maps.app.goo.gl/ew8npkCuBsJNfHJu9
and here
https://maps.app.goo.gl/2HKz3Wcwy9b1Sh4Z9
and also in part of Foxlands Crescent that is not in the CPZ.
Dagenham Council really have some explaining to do.
If it were me, I'd submit reps on the basis that further up Foxlands Crescent it is clear that off-carriageway parking is permitted by the council and in all the side streets as well. If they come back and say you parked in a CPZ then they condemn themselves, because a CPZ has nothing to do with it.
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I have now updated the original post with more details and an image of the PCN.
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A lot will be dependent on the signage and the 'small print'.
So, for meaningful advice please to have a read of
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/
and post here both sides of the unredacted PCN.
any Council pics,
and a GSV link to the location.
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Hi all,
Looking for some advice.
Barking & Dagenham,
code 62
parked on curb with a yellow line on Foxlands Crescent, Dagenham
Last Sunday I received a PCN for “parking with one or more wheels on or over the footpath or any part of a road other than a the carriageway” basically I parked with 2 wheels on the curb.
The road I parked on was Foxlands Crescent in Dagenham. The road has one side with permit parking which is sign posted and has parking bays on the road/pavement. The other side isn’t sign posted, and I checked this by going along the whole stretch of the road looking for any signs. I decided it was okay to park as a lot of other cars had parked and when I got out of the car, there was an enforcement officer who confirmed it was okay to park. At that point a resident came out of her house and informed me this is residents parking only and I said the officer said it is okay to park. I assumed it was fine because it was a Sunday rather than it not being sign posted. When I got back to the car 2.5hrs later, the car had been ticketed an hour and a half after I had parked, so I am quite positive that the enforcement officer I had spoken to didn’t issue the fine as the timing was way off.
I have taken a video of the road on the side I have parked which shows no signage what so ever from start to finish.
Is this worth appealing? Or have a broken made a mistake and parked incorrectly. I totally understand you cannot park on some roads with your wheels on the pavement, but it was very unclear if I was allowed to do it on this road because of the signage, the number of cars already doing it and also the enforcement officer confirming it was okay. There was also plenty of room on the pavement side for people, wheelchairs, double buggy’s and more to pass as it was a very wide pavement.
Any advice would be great
Thank you
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