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Messages - cupotea

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31
Civil penalty charge notices (Councils, TFL and so on) / Re: PCN "Parked in a restricted street during prescribed hours 01" when it's not a street?
« on: May 17, 2024, 02:26:04 pm »
Hello,

Yes, exactly, I accompanied my 8yr old for approx. 5 mins to her lesson, the ticket was issued within 3 minutes.

Thanks,

T

32
Civil penalty charge notices (Councils, TFL and so on) / Southwark, Code 01 Parked in a restricted street during prescribed, The Castle leisure centre.
« on: May 17, 2024, 12:04:30 pm »
Hi all,

I dropped my daughter off at a leisure centre yesterday and came back to a parking ticket after 5 mins. I've never had one there before and although there are double yellow markings on the floor, and some bays for disabled badge holders (which I was not in) i've often wondered if they could give a ticket there. It's not a street (what defines one?!), they could only give a description of where the car was, "The Castle leisure centre" which is in Elephant and Castle, London.

I've attached photos from a couple of official Southwark council parking websites that don't show this as a street, and from google maps. Please let me know if you need further info. I can't see how this can be valid if this isn't classed as a street?!

Thanks in advance,

T



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33
Civil penalty charge notices (Councils, TFL and so on) / Re: Contravention code 624 - parked in an alley
« 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.

34
Civil penalty charge notices (Councils, TFL and so on) / Re: Contravention code 624 - parked in an alley
« 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

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

35
Civil penalty charge notices (Councils, TFL and so on) / Contravention code 624 - parked in an alley
« 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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