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Letter 9 Reply
21/07/2004
Dear Mr Tarrant,
I refer to your letter concerning the above Penalty Charge Notice.
The PCN was issued to your vehicle because you were parked with two wheels on the footway. Parking on the footway has been banned in roads with a speed limit of 40 mph or less across London since 1975, (Greater London Council Act 1974), with the London wide Footway Parking Ban being introduced in 1985.
The London Local Authorities Act 2000 redefined the definition of the footway to make it clearer for motorists. All London Authorities, (with the exception of Barnet) have accepted the revised definition.
"Any part of an urban road which is not part of the carriageway"
Further to the above, the footway as stated in Michelle Moseley v The London Borough of Bexley (PaTAS case number 2030070442) is "all land from the edge of the carriageway to the building line. It includes 'crossovers' which give access from the road to adjoining premises. There is no requirement for any signs and the vehicle need not be causing an obstruction".A vehicle may only be left on the footway if the Local Authority has made the location exempt from the Footway Ban. Such roads have blue signs showing how a vehicle may be parked if it is parked on the footway. However, to make it clearer for motorists in roads exempted from the ban in the London Borough of Bexley, white marked bays have been placed where motorists may park if they wish to park on the footway. These bays are only found in exempted roads and there are no other general concessions for motorists within the London Borough of Bexley.
Please note it is not common practice for Local Authorities to provide white marked bays, and each Local Authority may quite correctly adopt other methods of footway parking provision. The only statutory requirement is the provision of blue signs showing that exemptions to the ban are evident. It is the motorist's responsibility to ensure that they park their vehicle legally, safely and correctly at all times.
Whilst I note the points raised in your letter, I must advise you I am unable to cancel the PCN on the grounds you have stated, as it is the responsibility of the motorist to ensure that they have parked their vehicle legally and safely in accordance with the restrictions. In view of the above I am satisfied that the PCN was issued correctly, in accordance with the restrictions, and I would ask that you send your payment to: - Parking Control Office, P.O. Box 379, Bexleyheath, Kent, DAG 8LE. Please make your remittance payable to Bexley Council.
Alternatively, you may pay by credit/debit card by telephoning 020 8301 5200,between 9.00a.m. and 5.30p.m. or using the remittance slip at the bottom of the notice. When this PCN was issued, the full penalty charge due was £80.00, unless payment was made within 14 days. As you have made a representation within the discount period, the amount of £40.00 will still be accepted for 14 days from the date of this letter. Failure to pay in the 14 days will result in the withdrawal of the extended discount offer. The Council will issue a Notice to Owner (NtO) form to the registered Keeper of the vehicle requiring payment of the full charge of £80.00 within 28 days. The NtO form should be used to make a formal representation to Bexley Council against the issue of the PCN if you wish to contest our decision.
Important - Please be aware that a digital image may have been taken of this vehicle whilst committing a contravention under the Road Traffic Act 1991. This image may be used as evidence in the event of the penalty charge being disputed.
Yours sincerely,
Parking Control Office
Vinci Park Services UK Ltd
Working for Bexley Council