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I got a ticket from Wandsworth for a Code 27 ... parked adjacent to a dropped footway.
The end of my vehicle was at the part where it had started to drop, but not actually on the flat part. As such it would not have presented an obstruction to prams or a wheelchair user.
What counts as adjacent? Where does the dropped footway start ... at the flat part of the sloping part?
I got a ticket from Wandsworth for a Code 27 ... parked adjacent to a dropped footway.
The end of my vehicle was at the part where it had started to drop, but not actually on the flat part. As such it would not have presented an obstruction to prams or a wheelchair user.
What counts as adjacent? Where does the dropped footway start ... at the flat part of the sloping part?
Any information would be much appreciated.
Mark
First and foremost.
Im sure G and M will be along to point out the error of your ways.
however if you wish to contest write informally that you do not believe that you were parked adjacent to the footway and if they wish to pursue the ticket could they kindly provide under the freedom of information, photographic evidence and the pocket book notes of the attendant in question.
First and foremost.
Im sure G and M will be along to point out the error of your ways.
however if you wish to contest write informally that you do not believe that you were parked adjacent to the footway and if they wish to pursue the ticket could they kindly provide under the freedom of information, photographic evidence and the pocket book notes of the attendant in question.
The contravention occurs as a result of London Local Authorities and Transport for London Act 2003 and which provides as follows:
"In this section—
“dropped footway” means any part of the footway or verge where ithas been lowered to meet the level of the carriageway of a road for the purpose of—
(a)
assisting pedestrians crossing the road; or
(b)
assisting vehicles to enter or leave the road across the footway or verge;"
Since the slope itself does not meet the criteria it cannot be part of the dropped footway and therefore I think you may have a case
The contravention occurs as a result of London Local Authorities and Transport for London Act 2003 and which provides as follows:
"In this section—
“dropped footway” means any part of the footway or verge where ithas been lowered to meet the level of the carriageway of a road for the purpose of—
(a)
assisting pedestrians crossing the road; or
(b)
assisting vehicles to enter or leave the road across the footway or verge;"
Since the slope itself does not meet the criteria it cannot be part of the dropped footway and therefore I think you may have a case
It has been replaced by the TMA 2004
86 Prohibition of parking at dropped footways etc.
(1) In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—
(a) the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—
(i) assisting pedestrians crossing the carriageway,
(ii) assisting cyclists entering or leaving the carriageway, or
(iii) assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or
(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.
This is subject to the following exceptions.
(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.
A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).
(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.
This exception does not apply in the case of a shared driveway.
(4) The third exception is where the vehicle is being used for fire brigade, ambulance or police purposes.
(5) The fourth exception is where—
(a) the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,
(b) the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and
(c) the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.
(6) The fifth exception is where—
(a) the vehicle is being used in connection with any of the following—
(i) undertaking any building operation, demolition or excavation,
(ii) the collection of waste by a local authority,
(iii) removing an obstruction to traffic,
(iv) undertaking works in relation to a road, a traffic sign or road lighting, or
(v) undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,
(b) it cannot be so used without being parked as mentioned in subsection (1), and
(c) it is so parked for no longer than is necessary.
(7) In this section “carriageway”, “cycle track” and “footway” have the meanings given by section 329(1) of the Highways Act 1980 (c. 66).
(8) References in this section to parking include waiting, but do not include stopping where—
(a) the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or
(b) the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.
(9) The prohibition in this section is enforceable as if imposed—
(a) in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27),
(b) elsewhere in England and Wales, by an order under section 1 of that Act.
The slope is not the same level as the footway so it 'has been lowered' and therefore forms part of the drop kerb
The slope is not the same level as the footway so it 'has been lowered' and therefore forms part of the drop kerb
But then neither is the slope at the same level as the carriageway. The sloping kerb does not meet the level of the carriageway until the bottom, so I would still think there is some argument in this.
Thanks to green and mean for clarifying the new legislation. However I agree with robin9342- the definition is fundamentally the same and I think there is an argument in this.
is the one in question a 'pedestrian crossing' or a single use entry for a residence. in the latter case they cannot enforce without first being requested to by the resident. And if you have permission from the resident (but not for payment) they cannot enforce against you.
But then neither is the slope at the same level as the carriageway. The sloping kerb does not meet the level of the carriageway until the bottom, so I would still think there is some argument in this.
It does say it is the level of the carriageway it says it has been lowered to meet the carriageway NOT lowered to the level of the carriageway.
Clearly pedestrians and vehicles are only expected to use that portion of the kerb that has been lowered fully to meet the carrigeway otherwise there would be grave danger of a pedestrian been injured by tripping on the section not quite lowered enough. (queue the many compo claims if that were the case)
Therefore it would follow that by slightly blocking the sloping section of kerb, the vehicle is not blocking the portion officially designated for pedestrians to use.
Dropped Pavements
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Originally Posted by diveboy
