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Stuart J
Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 22441
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi Where I work we have a garage which i have been given permission

Customer Question

Hi
Where I work we have a garage which i have been given permission to park in front of. Now the thing is i have been working there for about 6 years now and in the past every time i parked there i was given a ticket but contested it a couple of times and won. Recently i parked as per usual put a note on the windsheild advising that this was not a footpath and it was our garage i was parked in front of and i was still issued a ticket. the wardne proceeded to take a picture from an angle to look like i was on a footpath and they disregarded the picture i sent them which showed that i was certainly not on a footpath and the footpath they describe leads no where so i definitely would not be obstructing anyones path. please can I appeal and if so what do i say. thanks
Submitted: 3 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 3 years ago.
Hi

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

Who is the issuer of this fine?
Customer: replied 3 years ago.

Camden council

Expert:  Jo C. replied 3 years ago.
Thanks

Whats the contravention code?
Customer: replied 3 years ago.

62

Expert:  Jo C. replied 3 years ago.
OK.

Thanks.

I presume you accept that this road is council maintained? Its not private land?
Customer: replied 3 years ago.

i understand that.

Expert:  Jo C. replied 3 years ago.

You accept this is a public road?
Customer: replied 3 years ago.

May be a public road but i was not parked on the road. can i send you picture that way you can better understand what i am talking about.

Expert:  Jo C. replied 3 years ago.
You can do that but it does slow things down a bit.

You can send it to [email protected] but include a link to this post so the mods know its for me.
Customer: replied 3 years ago.

ok in the mean time what do you advise.

Expert:  Jo C. replied 3 years ago.
Im really going to need to see the information to be certain.

On the face of it though, there is a case Im afraid. This is a footway parking issue. There are not many defences to that contravention unfortunately. If this is a local council maintained road and you are parking with wheels on the footway then the offence is made out.

If you are in London then they don't even need to erect signs to prohibit that as its automatically prohibited. Outside London they should erect signs to make motorists aware of the prohibition.

If you are seeking to defend footway parking on the basis that you have permission from your employer to park there then that does not meet this particular contravention. If the allegation were causing an obstruction then that would be a defence but not to parking on a footway.

Lets have a look at the information though to see if there are any escape routes.

Customer: replied 3 years ago.

Well like i said this has happened before in 2009 they were having a fill day with my car everyweek i was getting a ticket and i complained and they let me off my argument is if i was in the wrong then why did they let me off then, and not on one occasion but several.

Expert:  Jo C. replied 3 years ago.
I wouldn't know without site of that information.

It will not be because they thought that parking with wheels on a footway was lawful though.
Customer: replied 3 years ago.

ok I have now sent the pictures to the email address you gave and you will see that this is where and how i have parked and have been parking since 2007 when i started working there and same way for 6 years nothing has changed. we are in 2013 now and i have not received anymore tickets since the harassment's in 2009.

Expert:  Jo C. replied 3 years ago.
What harassment? Do you mean the issue of lawful parking fines for parking on a footway? If so thats not harassment I'm afraid. They are allowed to do that.
Customer: replied 3 years ago.

Have you received the email i sent?

Expert:  Jo C. replied 3 years ago.
No, as I said it slows things down a bit

I wouldn't expect to receive it for several hours I'm afraid.
Customer: replied 3 years ago.

Hi Jomo1972,


i have not heard back from you yet.

Expert:  Jo C. replied 3 years ago.
Hi

I haven't had anything through from the mods yet but its really very unlikely to change my answer above as footway parking is prohibited whatever ostensible permissions you had.

I will opt out to see if anybody takes a different view.
Expert:  Stuart J replied 3 years ago.

I have been asked to look at this for you.

I must say that I agree with my colleague, but can add:...

The fact you got away with it before is immaterial. It sets no precedent.

If you are even part on the footpath even if it is dropped in front of the garage, it is an offence.

If it is part of the garage in the garage deeds, then you are OK. That really is allt hat there is to it.

Show the deeds to the parking adjudicator showing that this is the garge land and you win.

Don’t show that and you are likely to lose. sorry