Parking Ticket issued for parking on the Kerb

[William.]

I have received a Parking ticket in the post for parking my car on thepavement (across the end of my driveway which is a dropped curb) outside myhouse. I have been parking like this for 11 years (since the house was built),as other neighbours regularly do.

 

My road is residential close (dead end) that is only 4.4 metres wide. Ifa car is parked with all four wheels on the road, it is difficult for othervehicles to pass. For wider emergency vehicles or refuse collectors, it is notpossible.

 

Do I have any grounds for appeal and is the Council right to do this?

Thank you very much in anticipation of any help/advice offered.

 

 

 

[Michael Browne]

Pavemet parking is prohibited in London boroughs unless there are signs that specifically allow it.

 

However, if you and your neighbours have parked at this location on the footway for 11 years.without enforcement, then you could argue that this is a case where the authority's conduct over a period in permitting the vehicles to park there amounted to an implied undertaking not to enforce., particularly since the narrowness of the road would prevent access for other vehicles as well as wider emergency vehicles or refuse collectors. Ask them to explain why.

 

The council will almost certainly reject an appeal on this basis, both an initial informal appeal and formal appeal in response to the Notice to Owner. It's also likely that in their rejection, they will not directly address your appeal points ie tell you why they have not enforced for 11 years and merely reiterate the ban on pavemet parking.

 

So you would probably have to appeal to the adjudicator.

 

 

[lamma]

This thread is in the wrong forum.

[William.]

Michael - Thanks very much for the advice.

 

Just one more question. If there was a car parked next to mine in the same position that did not receive a ticket at the time, how does that help me? Thanks.

 

Lamma - What is the correct forum? New to this. Thanks.

[William.]

I have received a parking ticket in the postfor parking my car on the pavement (across the end of my driveway which is adropped curb) outside my house.

 

I have been parking like this for 11 years(since the house was built), as other neighbours regularly do.

 

My road is residential close (dead end) thatis only 4.4 metres wide.

 

If a car is parked with all four wheels on the road, it is difficult for other vehicles to pass. For wider emergency vehicles or refuse collectors, it is not possible.

 

Do I have any grounds for appeal and is the Council right to do this?

 

Also, if there was a car parked next to mine in the same position that did not receive a ticket at this time,how does that help me?

 

Thank you very much in anticipation of any help/advice offered.

Edited November 21, 2012 by William.
mistakes

[sgtbush]

im pretty much sure that your not allowed to park or partially park on a pavement for obstruction reasons, like a disabled pedestrian, wheelchair usage, prams, etc

and im pretty much sure your not allowed to park over a dropped kerb for the same reasons, wheelchair access to cross the road etc springs to mind

 

as for appeal, if you dont try, youl never know

 

as for other people doing it,

just because they do, does not give you the right to do the same, maybe the car was not their at the time of offence, or their are other issues in relation to that car, maybe loading, maybe a blue badge

[Michael Browne]

London borough? Pavement parking is not allowed in London unless signs permit it. Basically you can only ask that the council exercise discretion. Something along the lines of:

 

XXX Road is residential cul-de-sac that is only 4.4 metres wide. If a car is parked with all four wheels on the road,it is difficult for other vehicles to pass. For wider emergency vehicles or refuse collectors, it is not possible.

 

I, and my neighbours, have been parking like this for 11 years(since the house was built) and in all that time pavement parking has never been enforced.

 

Therefore the residents have a legitimate expectation that since the council has not carried out enforcement for 11 years, there has been a tacit acknowledgment that in this narrow cul-de-sac enforcement of pavement parking would be impractical and cause inconvenience to residents and other road users.

 

Although I now understand that, in future, pavement parking will be enforced, it seems mainfestly unjust, after such a long period of time, to suddenlly start enforcement without any prior notice whatsoever.

 

I ask that under the circumstances, the council exercise it's discretion in this instance and cancel the PCN.

[William.]

Hi sgtbush,

 

Thanks for the reply.

 

The dropped kerb is for me to drive onto my own drive, I was parking across my own drive.

 

I know that the other car was parked behind mine at the time of the ticket, because it is clearly parked behind mine in the picture that the council sent me and it is my neighbours car. I have spoke to them, they received no ticket and they have no special considerations what so ever.

 

The Road is a dead end, finishing approximately 5 metres past my car.

[Michael Browne]

If there was a car parked next to mine in the same position that did not receive a ticket at the time, how does that help me?

 

It doesn't. It might be galling, but it's irrelevant. Any mention of it in your appeal will merely sound like whingeing and probably be counter-productive

[William.]

Thanks Michael - a helpful response.

 

What about:

 

Also, if there was a car parked next to mine in the same position that did not receive a ticket at this time, how does that help me?

 

Supporting info:

The dropped kerb is for me to drive onto my own drive, I was parking across my own drive.

 

I know that the other car was parked behind mine at the time of the ticket, because it is clearly parked behind mine in the picture that the council sent me and it is my neighbours car. I have spoke to them, they received no ticket and they have no special considerations what so ever.

 

The Road is a dead end, finishing approximately 5 metres past my car.

 

Many thanks!

[William.]

Very galling and very inconsistent, which I'm sure you cannot be right. You can't have one rule for one.....and a different rule for someone else!

 

Thanks for your view either way!

[havinastella]

Threads merged. Please STICK to one thread about the same issue!

[Michael Browne]

 

Also, if there was a car parked next to mine in the same position that did not receive a ticket at this time, how does that help me?

 

!

It doesn't, It may be galling, but it's irrelevant. Any mention of it in your appeal will sound whingeing and probably be counter-productive.

[gramb0]

hi all im new to this but wanted to make a comment on parking i live in a cul-de-sac with 8 houses and 12 cars not enough parking so i parked on broken yellow lines with a faded yellow line in the middle of them both and no t bar and was given a ticket now its time to fight the council

[gramb0]

just thought i would show you my parking pic [ATTACH]39536[/ATTACH]