Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


maxima

Is it footpath? Please advise!

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3987 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Guys could you please look into the picture attached and tell if this could be a footpath (the pocket where the BMW is parked) ?

 

I parked my car for 2.5 min to drop a letter exactly on the same spot and got local council's PCN telling that it cost 50 quid because this is a footpath.

 

I dont want to pay as I believe this is not a footpath. But I might be wrong.

 

There is also no camera sign on the road - can the council sue me in this situation?

 

Thank you

BidefordAve.jpg

Share this post


Link to post
Share on other sites

thats a good question, initialy looks like it use to be somekind of drivway, but not been bollered

Share this post


Link to post
Share on other sites

Even though it appears to be roadway access to a premises, because it is in line with the footpaths each side, I believe it officiially constitutes "footpath". After all, if it isn't classed as part of the footpath, how are pedestrians supposed to get from one section of path to the other?

Edited by crem
spelling

Share this post


Link to post
Share on other sites
Even though it appears to be roadway access to a premises, because it is in line with the footpaths each side, I believe itofficiially constitutes "ffootpath". After all, if it isn't classed as part of the footpath, how are pedestrians supposed to get from one section of path to the other?

 

 

Thats what I was thinking.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Share this post


Link to post
Share on other sites
how are pedestrians supposed to get from one section of path to the other?

the same way that you would cross any normal road I suppose..

 

At first lt does look like a driveway, the kerbs are dropped, and the pavement terminates in two radiuses. But I suppose it is bollarded off. It must have been a driveway that was then cut off for some reason.

 

Its not clean cut that it is a pavement IMHO, I would say it wasn't myself.


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

Share this post


Link to post
Share on other sites

I expect it is classed as a dropped kerb. I believe that the councils have recently been handed additional powers to police certain areas of law that traffic wardens used to look after. Including dropped kerbs and certain motoring offences like one way streets or similar.

 

Some councils are still trying to work out how to deal with it and it appears that some are more pro-active. This is not good for good honest motorists.

 

Pedross

Share this post


Link to post
Share on other sites

if there was no radiused kerbs then I would say yes, its simply a dropped kerb. Im not so sure about this, and its understandable that a driver might be confused.

Edited by HSBCrusher

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

Share this post


Link to post
Share on other sites

The contravention is parking on a footpath or any part of a road other than the carriageway. A footpath is a pedestrian footway that is not along the road such as a passageway. It is certainly not a footpath but is a part of the footway or a crossover which is still not part of the carriageway.

  • Haha 1

Share this post


Link to post
Share on other sites

parking bays are not part of the carriageway either. The parking bays in my town even have a dropped kerb... in fact they are very similar to the picture.


 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

Share this post


Link to post
Share on other sites

Good point HSB

 

The road markings could be a clue but are not clear. The answer must be to contact the council and appeal the ticket. They may say it is a dropped kerb or whatever and if so dispute it, say it is not clear and ask them to inspect the site. If they back down great and if they are having none of it then its probably best to pay.

 

Pedross

Share this post


Link to post
Share on other sites

I sent representation saying it is not a footpath but just received the rejection saying the same as the original letter - vehicle was parked on any part of an urban road other than a carriageway (footway parking).

 

Is there a formal definition of a carriageway?

 

P.S. there is one straight yellow line uninterrupted with no difference as it was along a curb

Share this post


Link to post
Share on other sites

Sorry I have run out of ideas maxima

 

Try posting in the morning to bring your post to the top again and hope someone with more knowledge comes along. I think this is just the beginning now the council are enforcing more offences.

 

It appears that post 8 is correct.

 

Good Luck

Share this post


Link to post
Share on other sites

Perhaps I can clarify:

 

Lord Davies of Oldham: My Lords, as I thought I made clear, the pedestrian part of the footway added to the carriageway make the highway. The carriageway is that part of the road over which there is a right of passage of vehicles. In technical terms, the road is for vehicles—this is a reflection of the vernacular—but we are with precision here identifying the combination of footway and carriageway—the one for pedestrians, the other for vehicles, which together form the highway.

 

It looks as if you may have to pay up.

 

Pedross

Share this post


Link to post
Share on other sites
I think this is just the beginning now the council are enforcing more offences.

 

 

It has been an offence in London since 1976 and enforced by Councils since 1991, not exactly new.

Share this post


Link to post
Share on other sites

Do the bollards collapse, ie to allow vehicles beyond them?


********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

Share this post


Link to post
Share on other sites
Do the bollards collapse, ie to allow vehicles beyond them?

 

They look like ordinary solid concrete ones to me from the photo I think.

Share this post


Link to post
Share on other sites
Do the bollards collapse, ie to allow vehicles beyond them?

 

It would make no difference its still not carriageway so the vehicle is in contravention.

Share this post


Link to post
Share on other sites
It has been an offence in London since 1976 and enforced by Councils since 1991, not exactly new.

 

 

I didn't realise that gam

 

I was working on this information:

 

Press Release Details

 

Summary Irresponsible parking could, hopefully, be a thing of the past as, from 1 June 2009, local authorities will have new powers under the Traffic Management Act 2004 (Sections 84, 85 and 86) to enforce the contraventions of parking alongside dropped kerbs or double parking.

 

 

Pedross

Share this post


Link to post
Share on other sites

Thank you guys! You were very quick and helpful...

 

In my case it seems I was wrong and will pay.

 

Cheers!

Share this post


Link to post
Share on other sites

Why?

 

You may not have a water-tight legal argument but you can still appeal it. Say you honestly though you were parking on the road and had no intention of parking on the pavement.

 

judging by the photos you avoided the yellow line and there was a reasonable gap for pedestrians to continue using the pavement.

 

You can plead that you honestly didn't think you were committing any parking offence and ask for a discretionary cancel.

 

Nothing to lose except a stamp...

Share this post


Link to post
Share on other sites
I didn't realise that gam

 

I was working on this information:

 

Press Release Details

 

Summary Irresponsible parking could, hopefully, be a thing of the past as, from 1 June 2009, local authorities will have new powers under the Traffic Management Act 2004 (Sections 84, 85 and 86) to enforce the contraventions of parking alongside dropped kerbs or double parking.

 

 

Pedross

 

London is usually ahead of the game as far as parking legislation goes, drop kerbs and double parking have also been enforced for a couple of years under local legislation. Footway parking is not covered under the TMA 2004.

Share this post


Link to post
Share on other sites
Why?

 

You may not have a water-tight legal argument but you can still appeal it. ...

I cant see the whole thing through. What would I do if and then etc. The possible stress doesnt worth 50 quid for me.

 

Also I thought I was right and the council is just [causing problems] money. But now I understand I was wrong.

Share this post


Link to post
Share on other sites

OK mate, your shout.

 

Just so you're aware though, appealing it entails writing one letter explaining that you made a mistake. That's all. They will reply saying "OK, we've cancelled it" or "sorry, you have to pay the discounted rate". Up to you.

Share this post


Link to post
Share on other sites

 

You can plead that you honestly didn't think you were committing any parking offence and ask for a discretionary cancel.

 

Nothing to lose except a stamp...

 

Its a hot spot for Ealing with 264 PCNs issued just in that one street in May for footway parking so I would not be too optimistic.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...