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Messages - C_H_R_I_S

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1
In my opinion this is a big violaton of clear signage but I havent heard anyone say I have a clear case here so I will give it 1 more day before I pay.

2
If the OP sends the FoI then we won't have to guess which sign, where and its meaning.

The 'except in marked bays' refers to:

4)A highway authority may by resolution, .....authorise the parking of vehicles[F7—

(a)]on, or on... part of a road] which is a highway other than a carriageway[F9; ..

..and notwithstanding the provisions of this section or of any other enactment or any rule of law...
....it shall be lawful from the specified date for any person to park a vehicle on the [F10road or footpath], or on the part thereof, as the case may be, to which the said resolution or notice relates and is for the time being in force.


A resolution does not have to be blanket, it could specify exact lengths and widths and mark appropriately.

I have known some which have tried to dodge this issue and purport to disapply wherever markings are placed but IMO this is improper, the council should resolve detail not simply the principle and then leave to officers to decide when, where and by how much.

Which should make the OP realise that they need to discover the detail.

I unfortunately havent time to deal with this now as I have season holidays and I wont be around for the PCN deadlines.
Maybe the FOI would provide an argument but because of the gamble in appealing it looks like I will just have to pay the fine.


3
Their website is pants. Why? No grounds. Let's play Scrabble instead:

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I am seriously vexed by this council's incompetence and attitude.

Wow - well my success rate even with your help is about 65% so Im not sure I would risk an appeal now unless I was given a good argument.

This is disgraceful of them.

4
OP, I don't know where you're going with this at the moment.

IMO, you won't get them to cancel whatever arguments you put forward. What your reps will do os to draw their reasoning after which you could put more a detailed argument in formal reps.

I thought I could park with two wheels on the footway as other motorists can be seen to be doing in the CEO's photos. There are some historical markings along the road but these are widely ignored by both motorists and CEOs.

Did you submit the FoI request to the council, not parking?

I didnt - what would that achieve?

5
Have you sent the FoI request?

Have you seen footway parking signs in the area?




So i see this TINY sign at the beginining of a road BEFORE Oates road that I parked on. Surely this is insufficient signage considern I parked about 300 metres away from it with no other visible signs.

6
using Google street view I can see the pavement parking sign on Charlotte gardens (near 146) saying in marked bays only

I think that sign will apply to Oates Road.


https://havering.traffweb.app/traffweb/1/TrafficOrders

Here i see it allows 2 wheel parking. I didnt see any sign NEAR where I was parking stating I had to be exactly within the lines.

7
Was there a resolution to this?>

8
THIS WAS A SIMILAR CASE https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/havering-pcn-parked-on-footpath/
From @cp8759:::::
Of course this should not be raised at this stage as we don't want to alert the council as to the evidential deficiencies in its case. For now a simple representation will do:

Dear London Borough of Havering,

I contend that on this occasion no contravention occurred, if you seek to pursue this penalty charge notice please would you provide a copy of the footway parking resolution duly made under section 15(4) of the Greater London Council (General Powers) Act 1974. Without sight of the resolution, I have no way of knowing whether I was actually in contravention or not.

Yours faithfully,

Make the representation online and get a screenshot of the confirmation screen, in the meantime I'll use other means to get a copy of the resolution (assuming it even exists).



Seems like they allow parking but only within lines but theres nowhere stating this so it makes it very confusing for motorists.

9

I mean this is a sunday morning with no visible parking signs and i park in the spot but a bit out of the lines.

Ive seen plenty of cars park out of lines without gettingntickets - so from a purely common sense pov it seems ridiculous.

I only moved car further in as there was a car opposite me and ive been swiped twice in the last few months so wanted to park safely  >:(


So what should my argument be?


Please help.
Thankyou

10
Photos are now up:





You can see other cars parked there.
I am further in but you can just about see another car parked on opposite side of road which would have led to narrow space if I didnt move in.

Theres no law saying be exactly within markings or your fined as far as I can see.

Please help with this appeal wording if you can!

Thanks

11
Still no photos up but it could be they didnt take any?

12
Pictures aren't up yet -I'll check later.

Can you please post the back of the PCN.



Here you go

13
What is the car VRM. You've blanked it.

Or post the council pics yourself.

ls67usb

I tried to get the pics but it brought me to a council shopping basket  >:(

14
Yes  that is the reason.
But 1. no signage saying they have to be strictly adhered to
2. No signage saying inspectors were active
3. I had to move the car slighhtly over due to car on other side of road

15
So I parked in Romford on a pavement that had pavement markings on a sunday at 9am

This was a very residential road with no parking signs and just small markings on pavement that you could also park there.

Because there was a car opposite where i was parked and the road was narrow I moved my car slightly over the pavement parkings but leaving easily enough room for people to walk by it on the pavement.

I came back to this PCN







Parking Location:
https://www.google.com/maps/@51.6081408,0.1602629,3a,75y,63.61h,87.23t/data=!3m7!1e1!3m5!1sZIT6_vAFKQr7bYwW9F-EQA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D2.774080219905059%26panoid%3DZIT6_vAFKQr7bYwW9F-EQA%26yaw%3D63.60859777927444!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MTExMy4xIKXMDSoASAFQAw%3D%3D





I literally just parked on a sunday thinking it was ok and was shocked to see this pcn.

These would be my 4 points of argument so far:


Necessary Adjustment Due to Road Conditions:
On the day in question, there was a car parked on the opposite side of the road, leaving insufficient space for other vehicles to pass. To ensure traffic could flow safely, I positioned my car slightly further onto the footway. This adjustment was made out of necessity and with consideration for other road users.

Lack of Clear Signage:
While I acknowledge the presence of footway parking markings, there were no visible signs indicating that vehicles must be strictly within the lines at all times. The absence of explicit guidance on this matter creates ambiguity, especially for slight positioning adjustments like mine.

Day of Incident:
The PCN was issued on a Sunday, a day when traffic is generally lighter and enforcement is typically less stringent in some areas. This further supports my decision to park considerately, prioritizing road safety over strict adherence to the markings.

Minimal Impact:
My vehicle was only slightly outside the marked area and did not obstruct pedestrian pathways or create any safety hazards.



What do you think of my case?

Thankyou!



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