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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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I received a parking ticket on the 27/11/2013.I parked with

Resolved Question:

I received a parking ticket on the 27/11/2013.I parked with two wheel on the pavement.30feet from a very small sign on a lamp post which indicated you could park with four wheels up on the kerb.the sign was approx 6inch x 10inch,blue in colour with a white P and picture of a car below the Psign in white.they were no markings on the pavement either side of the sign.The car was parked in martens avenue bexleyheath..kent,penalty notice issued is no62,pcn number xl07615769 vehicle ve52hnm.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

Is it correct for the council to issue a parking ticket even though the sign indicates u can park with four wheel on the pavement.

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

The issue really is not whether its fair but whether its lawful. There is a complete ban on parking on a footway in London unless there are signs up allowing it. Here there are such signs.

The Council will be saying that you parked contrary to the signs. You seem to accept that you did.

I do see the point you are making though. Essentially your challenge is that you may not have used the full permission that you had to park there but you did not park in a way that contradicts the permission.

Personally I would fight this. The risk is that if you lose the fines will rack up to about £200. I don't know whether you are willing to bear that or not?

In legal theory though, I do think you are making a good point. There doesn't seem to be a huge public interest in this. They may say that the reason for four wheels on pavement parking is that the roads are very narrow at this location and so two wheeled parking causes an obstruction but I know Bexleyheath in Kent and it doesn't suffer from narrow roads particularly.

I think that an Adjudicator might well agree with you though. The fact that you could have parked with all four wheels on the pavement if you chose to does not necessarily mean that you have to do so. Its a permission sign rather than a prohibition one. It doesn't say that you must not park with two wheels on the footway.

Obviously this is subject to an Adjudicators interpretation but I would fight it personally.

Can I clarify anything for you?

Jo
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