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Messages - Hippo

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Civil penalty charge notices (Councils, TFL and so on) / Re: "Parked in area adjacent to a dropped footway". Parked on own vehicle crossover. Footpath not even dropped. Havering
« on: June 13, 2025, 02:09:57 pm »
Received a response from the council. They accepted the appeal. Fully expected it to go to tribunal.

Many thanks everyone for your help and advice on this!


Quote
Thank you for your correspondence challenging the issue of the above Penalty Charge Notice.

I am pleased to inform you that upon considering your challenge and your comments, I have decided to cancel this Penalty Charge Notice and Notice to Owner on this occasion due to a CEO error.

Please accept my apologies for any inconvenience caused.

Yours sincerely

Mr Playford
Process & Debt Recovery Officer - Highways, Traffic & Parking

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Civil penalty charge notices (Councils, TFL and so on) / Re: "Parked in area adjacent to a dropped footway". Parked on own vehicle crossover. Footpath not even dropped. Havering
« on: April 25, 2025, 11:47:39 am »
This is in Havering, Rainham specifically.

https://maps.app.goo.gl/tzfXNmfVvysCTUoz5

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Civil penalty charge notices (Councils, TFL and so on) / Re: "Parked in area adjacent to a dropped footway". Parked on own vehicle crossover. Footpath not even dropped. Havering
« on: April 25, 2025, 10:49:05 am »
Thanks. I'm trying to wrap my head around everything.

So contravention 27 doesn't apply here because it only applies when parked on the carriageway and it's not, it's parked on the footpath?

BUT, it's parked on the footpath and would be a separate offense? And the DYL also apply where it's parked?

That was the only car on the road that was ticketed, lots of other cars were parked in the exact same way, some with double yellows across their drive too and they walked straight past those. Makes me think they were issuing it for the footpath next to it, not the one behind.

Beyond the point anyway. How should we proceed for now?

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Civil penalty charge notices (Councils, TFL and so on) / Re: "Parked in area adjacent to a dropped footway". Parked on own vehicle crossover. Footpath not even dropped. Havering
« on: April 25, 2025, 09:05:09 am »
Thank you.

Just to confirm the definition of a carridgeway:

Quote
“carriageway” means a way constituting or comprised in a highway, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles;
https://www.legislation.gov.uk/ukpga/1980/66/section/329

So the vehicle crossover isn't classed as a part of the carridgeway?

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Civil penalty charge notices (Councils, TFL and so on) / Re: "Parked in area adjacent to a dropped footway". Parked on own vehicle crossover. Footpath not even dropped. Havering
« on: April 24, 2025, 09:26:17 pm »
Bingo. Exactly what we needed. Will hold back any appeals for the moment until we have a correctly worded appeal. Is it worth adding more points to the appeal or should that be enough?

Thanks.

Edit: We've found a few points perhaps worth mentioning.

https://www.legislation.gov.uk/ukpga/2004/18/section/86
1. (1) "In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—" - Not a carridgeway
2. (1)(b) "the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.". - It hasn't been raised to meet the level of the footway.
3. (2) "The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised." - It has been authorised by Havering Councils planning department via email specifically allowing parking there.
4. (3) "The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.". It's her house.

My partner is keen to join my mum as a McKenzie Friend if this goes to adjudicators.

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Civil penalty charge notices (Councils, TFL and so on) / "Parked in area adjacent to a dropped footway". Parked on own vehicle crossover. Footpath not even dropped. Havering
« on: April 24, 2025, 09:01:24 pm »
My mum received a window PCN for "Parked in a special enforcement area adjacent to a dropped footway". We don't believe this is correct as she is parked next to the footpath on her vehicle cross over. The footpath is not dropped.

The vehicle crossover was paid for by my parents for the purpose of driving their vehicles on and off the driveway. This didn't exist before they moved in the house, it was just grass and the footpath.

They've been parking on the vehicle crossover for over 15 years without issues. My dad even has an email from someone from Havering council to specifically say they have permission to park on the vehicle cross over. (I am waiting for a copy of the email).

The double yellow lines have been there roughly 4 or 5 years now. But I don't think 01 should apply here either.

They appealed the window ticket, but it was declined, now they have this PCN that was posted.

Are we fighting a lost cause? Or is the PCN invalid and we should fight it?

Thank you,

Joe

PS, Page 5 of the PCN PDF is a print out from my Dad, this didn't arrive with the PCN.

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