Author Topic: Footpath parking question.  (Read 9294 times)

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Offline Pat Pending

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Footpath parking question.
« on: 19 April, 2012, 09:34:22 PM »
A friend of mine has recently been issued a PCN for parking his motorcycle on the footpath. He was parked on the Grass verge my question is does this constitute the Footpath? I think it probably does but I would be interested to see what you guys think. I think this may be somewhere near Eastway as he works on the Olympic Farce Park.
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline Ewan Hoosami

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Re: Footpath parking question.
« Reply #1 on: 19 April, 2012, 11:41:33 PM »
Oh dear. The Chartered institute of shitbags like to include grass verges as part of the footpath for the purposes of tax farming.

 :o
Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Nigel W

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Re: Footpath parking question.
« Reply #2 on: 20 April, 2012, 05:39:19 AM »
Footway Parking - Bikers beware!

"Footway parking is an area where London is different from the rest of the country. Outside London if parking on a footway or verge is prohibited then there must be a sign indicating the prohibition. Inside the Greater London area all footway parking is prohibited unless it is specifically exempted and signs indicate that you may park partially or wholly on the footway................

...........Regardless of whether councils find a way to thwart motorcyclists a word of caution is in order. Don’t leave your motorcycle outside any of the Royal palaces - the police have blown up at least one,  :o  so left, on the grounds that it was suspected of being a terrorist’s vehicle! Care should also be take to ensure that pedestrians cannot injure themselves otherwise the owner of an offending vehicle might find himself the subject of a private prosecution."


http://www.parkingticket.co.uk/sh.html




Offline Pat Pending

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Re: Footpath parking question.
« Reply #3 on: 20 April, 2012, 03:33:04 PM »
He tells me they have parked there for three and a half years with no tickets until now.
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline Coco

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Re: Footpath parking question.
« Reply #4 on: 20 April, 2012, 07:29:05 PM »
He tells me they have parked there for three and a half years with no tickets until now.

In this case, unless the authority has taken steps to ensure that potential victims were given prior notice of the council's intention to start enforcing, I believe that there could have been an expectation that there would be no enforcement action. I believe that many of the Newham adjudications have upheld this principle, and I think that Nigel will be able to provide more info on this.

Nigel W

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Re: Footpath parking question.
« Reply #5 on: 20 April, 2012, 07:38:18 PM »
Indeed Coco. Legitimate expectation:

2120130716

".........However I accept Miss Perry's evidence that she and other employees of the dental practice have parked at this location for many years. During the four years that Miss Perry has worked at the practice her car has not been issued with a Penalty Charge Notice until she received three Penalty Charge Notices towards the end of 2011. In those circumstances I find that at the time that she parked her car on 28 th  November 2011 Miss Perry had a legitimate expectation that no Penalty Charge Notice would be issued.

I allow this appeal." 


And again:

2120134353

"The Appellants do not deny that there vehicle was parked with two wheels on the pavement, but say that given the narrowness of the road they have been parking in this way for over 18 years as their neighbours and visitors have. In effect,  they are arguing that pavement parking at this location has been tolerated over a number of years and the Enforcement Authority have not given any warning that that toleration is coming to an end; a legitimate expectation of non enforcement has arisen.

Despite making the point both in their original representations and the notice of appeal, the Enforcement Authority have not addressed it and so I must assume that they do not dispute the claim of toleration over at least 18 years.

There is a line of authorities that do sustain the proposition concerning a legitimate expectation, in particular the decision quoted on PATAS web site under the heading legitimate expectation, Beatt -v- London Borough of Wandsworth case no. 1950092219.
« Last Edit: 20 April, 2012, 07:40:18 PM by Nigel W »

Offline Belplasca

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Re: Footpath parking question.
« Reply #6 on: 20 April, 2012, 07:42:43 PM »
Plus, looking at that photo, it would seem that the bike was parked on (or, at least, very close to) an area that had been paved (differently from the actual footpath) with blocks that are often used for parking areas...

The argument about different - and differentiating - surfaces has occured in some of the other pavement parking appeals...

Bob
Blanka (my partner) has signed up on a challenge to help the Marie Curie Hospice in Hampstead.

Help her at http://www.justgivin...lanka-Rathauska

Offline Pat Pending

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Re: Footpath parking question.
« Reply #7 on: 20 April, 2012, 08:17:03 PM »
That is good news as it would seem it is worth a challenge after all.
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline Pat Pending

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Re: Footpath parking question.
« Reply #8 on: 20 April, 2012, 08:51:29 PM »
How long do they have to observe the vehicle for as the ticket states 1 minute?
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline Ewan Hoosami

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Re: Footpath parking question.
« Reply #9 on: 20 April, 2012, 09:04:08 PM »
That is good news as it would seem it is worth a challenge after all.


Chuffing right it is. Matey's bike is nowhere near the piggin' footpath. Exactly how far across the field does the footpath go? The grass verge bit in the footpath legislation reasonably refers to grass areas directly next to the carriageway as in the example below. Never mind the paved area alluding to it being a parking area, the bike is parked off the footpath, not obstructing it in any way, shape or form. It's in the park FFS. Looking at the reasoning behind the footpath parking ban, To prevent obstruction to pedestrians, Surprisingly, the council are being dicks.
Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline Pat Pending

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Re: Footpath parking question.
« Reply #10 on: 20 April, 2012, 10:00:16 PM »
The said ticket.
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline Ewan Hoosami

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Re: Footpath parking question.
« Reply #11 on: 20 April, 2012, 10:21:06 PM »
I've just found the location. The bike must have been in Lee Valley Park. On the footpath, my hairy arse!

Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline jonesy

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Re: Footpath parking question.
« Reply #12 on: 21 April, 2012, 12:06:10 AM »
I'm on it and checking with people I know to find out if lee valley owns/maintains this bit of land

Nigel W

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Re: Footpath parking question.
« Reply #13 on: 21 April, 2012, 05:56:10 AM »
The observation time of 1 min is OK. It is an instant offence.

Post up the reverse side of the PCN please Pat.

Offline Pat Pending

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Re: Footpath parking question.
« Reply #14 on: 21 April, 2012, 10:58:30 AM »
He will do it when he gets in from work later today Nigel.
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

 


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