Hello all,
I got given a PCN by a London borough council for parking on a pavement (a common practice on this road). There was ample space for pedestrians to pass and I wasn't blocking any ramp that wheelchair users would use to get on to the pavement. So I appealed using chatGPT and as expected, the appeal was rejected. The council claim that it is in the highway code that I can't park on pavements. Is this true? I'm pasting here what they said (with certain details like reg plate redacted). Pic of my car as it was can be viewed here:
https://www.canva.com/design/DAGTffbKoqs/Lxz4MeON54AuLLNEdOVDkQ/edit?utm_content=DAGTffbKoqs&utm_campaign=designshare&utm_medium=link2&utm_source=sharebutton====
Nature of Contravention: 62 Parked with one or more wheels on or over a footpath or
any part of a road other than a carriageway
Vehicle Registration Mark: XXXX
NOTICE OF DECLINE OF CHALLENGE
Thank you for your correspondence about the above Penalty Charge Notice (PCN).
The PCN was issued as the Civil Enforcement Officer (CEO) observed the vehicle Parked with
one or more wheels on or over a footpath or any part of a road other than a carriageway.
We have considered the challenges made against the PCN, the supporting evidence and the
circumstances of the case. We do not accept your grounds for cancelling the penalty charge.
This letter is issued as a Notice of Decline to your informal challenge.
Ealing Council does not permit footway parking at this location. You cannot park on pavements
or grass verges in Ealing for any length of time, unless there is a sign stating that you are
allowed to do so.
Any vehicle parked on the footway is:
● An obstruction to pedestrians
● An obstruction to wheelchair users
● An obstruction to people with prams and buggies
● A serious danger to the partially sighted
● Damaging to the pavements
You must not park partially or wholly on a footway. Parking on the footway can obstruct and
seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and
people with prams or pushchairs. The restriction is applied to ensure that Ealing Council meets
its road safety obligations. No signs or markings are required to notify drivers not to park on a
footway. The footway parking restriction is outlined in the Highway Code.
Greater London Council (General Powers Act) 1974 as amended by the London Local
Authorities Act 2000 prohibits footway parking throughout the Greater London area. Section 15
(2) provides that any person, who causes or permits any vehicle to be parked in Greater
London with one or more wheels on or over a footpath or any part of a road other than a
carriageway, shall be guilty of an offence. Pavements, grass verges, traffic islands and
crossovers are included. The restriction applies twenty-four hours a day seven days a week. It
includes crossovers/driveways which give vehicle access from the road to adjoining premises.
There is no requirement for any signs and the vehicle need not be causing any obstruction or
preventing an obstruction. Further, vehicles are not permitted to park on or over a footpath or
any part of a road other than a carriageway to enable other vehicles to pass more easily, and it
is irrelevant that there is enough space for people to pass by the vehicle without being
inconvenienced. There is no required observation time as this contravention is considered to
have occurred virtually instantaneously.
The prohibition on footway parking is all land from the edge of the carriageway to the building
line. It includes ‘crossovers’ which give access from the road to adjoining premises.
You can still pay the penalty charge at the discounted rate of £65.00 as long as payment is
received before the end of the period of 14 days beginning with the date that this Notice of
Decline is served on you. If we do not receive payment before the end of the period of 14 days
beginning with the date that this Notice of Decline is served on you then the full amount of
£130.00 will become due.
If you want to pay, please see the How to pay section at the end of this letter. It is the date that
payment arrives in our office that is considered relevant in relation to payment of the PCN.
Please note that not all credit/debit cards are accepted.
If the PCN remains unpaid after the end of the period of 28 days beginning with the date on
which this Notice of Decline is served on you, we will send a Notice to Owner (NTO) to the
registered keeper of the vehicle. A person on whom a Notice to Owner is served will be entitled
to make formal representations to us against the penalty charge and may appeal to an
adjudicator if those representations are rejected. The formal representations must be made in
the form and manner and within the time specified in the Notice to Owner.
It is not possible to appeal to an adjudicator without first making formal representations to us.
Please do not make a further challenge as we reserve the right to disregard any further
correspondence related to the notice before the NTO is served.
If you need any further information with regards to the PCN, please contact the Customer
Services automated information line on 020 8825 6565. Alternatively you use the ‘manage my
Penalty Charge Notice online’ function available via ‘parking’ at
www.ealing.gov.uk.
How to Pay
- Online at
www.ealing.gov.uk and follow the links to pay online.
- By phone 020 8825 6565 (24 hours) – have your Penalty Charge Notice Number ready.
- By post Please make your cheque or postal order payable to ‘Ealing Council’, write your
Penalty Charge Number (see above) and vehicle registration number on the back, then send it
to: Ealing Council Parking Services, PO Box 46264, London W5 2UN.
Yours sincerely,
London Borough of Ealing Parking Services
====
Thank you for reading and any pointers!
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