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Penalty for Stopping on Footpath - Please Advise - connie33
Hello everybody!

I have a query, I need to know if it would be worth fighting back or not.
The problem is that I just had a penalty charge.
I was picking up my daughter from nursery and somehow she strapped herself out of the car-sit while I was driving, so I stopped for... (I am not sure if it was more than a minute but it says in the penalty notice that it was from 17:58 to 18:00) over the footpath, with two wheels on the footpath (I was sent a picture as well)
I did not get out of the car at all, I strapped her again and carry on with my driving!!!
Can someone advice me, please

Thanx

Connie

Changed the title to make it meaningful. Rob

Edited by rtj70 on 05/09/2009 at 15:51

Emergency stop.. penalty!!! - Armitage Shanks {p}
Where did you stop? Single yellow, double yellows, urban clearway, London "Red" route, a box junction - it is relevant to the answers you will get
Emergency stop.. penalty!!! - Bromptonaut
And who issued the penalty, police or council?
Emergency stop.. penalty!!! - connie33
This was in Havering, Parkstone Av,I can not see the lines on the picture, but as far as I remember there were not lines, but the fact that I stopped on the footpath was the reason for the ticket, i had two wheels on it :(
Thanks
Emergency stop.. penalty!!! - connie33
The penalty was issued by the Havering Council
Emergency stop.. penalty!!! - Armitage Shanks {p}
And if you hadn't stopped you could have been pulled over and fined for not having your child properly secured! I think you stopped in the quickest manner you could, dealt with the genuine emergency and moved off as quickly as possible. Appeal and don't pay would be my suggestion. Speak to CAB? what does the ticket claim that you done wrong ie what law has been broken?

Edited by Armitage Shanks {p} on 05/09/2009 at 15:23

Emergency stop.. penalty!!! - Bromptonaut
www.havering.gov.uk/index.aspx?articleid=13275

Is the page on Havering council's website covering pavement parking. Not sure there is any exemption that would help (as there would be for stopping on a yellow line to deal with an emergency). It may however be worth asking the Council to exercise discretion bearing in mind that on an appeal the adjudicator can, even if no legal case is made for exemption, recommend that the council revoke the ticket or explain why not.
Emergency stop.. penalty!!! - NowWheels
And if you hadn't stopped you could have been pulled over and fined for not
having your child properly secured! I think you stopped in the quickest manner you could
dealt with the genuine emergency and moved off as quickly as possible.


Surely it would also have been possible to pull over and stop without mounting the pavement?

It seems to me that OP's mistake was that she did not simply pull up, and remain on the road with the hazard lights going.
Emergency stop.. penalty!!! - terryb
Surely it would also have been possible to pull over and stop without mounting the
pavement?


I agree. Mistake was mounting the pavement, unnecesary in this case.

BTW as a frequent pedestrian I do object to people doing this - nothing personal Connie, especially since I'm nowhere near Havering.


Terryb
Emergency stop.. penalty!!! - Nsar
>>unnecesary in this case.<<

How can you possibly know?
Emergency stop.. penalty!!! - NowWheels
>>unnecesary in this case.<<
How can you possibly know?


It's hard to see how it is "necessary" in any similar situation, unless there are emergency vehicles behind.
Emergency stop.. penalty!!! - Dwight Van Driver
Connie

Can you be more precise as to what is stated on the PCN as to offence?

This may give some indication on the actual legislation contravened which may contain an exclusion clause ' to prevent an accident'.

Presume it was not issued to you at the time but came through the post?

Even if it doesn't you should consider appealing the ticket on these grounds. A sensibly worded letter may reap dividend.

dvd
Emergency stop.. penalty!!! - connie33
Yes of course,
It says: The PCN is being served by post on the basis of a record produced by an approved device.
The vehicle identified above was observed from 17:58 to 18:00 on 20/08/09 and the authority believes that a penalty charge is payable on the grounds of the following alleged parking contravention:
Contravention code: 622 PARK WITH ONE OR MORE WHEELS ON OR OVER A FOOTPATH or any part of the road other than a carriage-way (partly on footway)

Thanks
Emergency stop.. penalty!!! - Pugugly
Was it issued via CCTV or a warden ?
Emergency stop.. penalty!!! - Armitage Shanks {p}
Probably CCTV -I don't think a warden is an "Apporoved device". I don't approve of them! Is this like speeding, ie penalty is paid by the owner/keeper, regardless of who was driving?

Edited by Armitage Shanks {p} on 05/09/2009 at 16:41

Emergency stop.. penalty!!! - connie33
It was a small car with a camera on top... I remember seeing it
Emergency stop.. penalty!!! - astrabob
Some useful advice:-

www.moneysavingexpert.com/reclaim/parking-ticket-a...s
Emergency stop.. penalty!!! - astrabob
One other thought (and maybe others and comment on this) is the difference between parking and stopping.

The notice from the council specifically mentions parking.

Parking involves leaving the vehicle for at least a few minutes.

You only stopped. Not only this, you stopped to ensure that your passenger was safely strapped in as required by law. The times given by the CCTV evidence substantiate this.
Emergency stop.. penalty!!! - Ben 10
"you stopped to ensure that your passenger was safely strapped in as required by law."


Child should have been properly secured prior to driving off in first place.

Two wheels on the kerb. No excuse.You pay road tax, not pavement tax.

Couple of years ago, took the family to Hampton Court Fair. Line of cars all parked two wheels on the pavement to give better access on main road. All, myself included, got tickets. The one car who parked on the road, all four wheels, no ticket. Warden said if we had all parked on the road, no tickets would have been issued.
Emergency stop.. penalty!!! - Armitage Shanks {p}
OP says that child managed to unstrap her/him self during the journey. An unforseeable event resulting in what I would reasonably describe as an emergency

Edited by Armitage Shanks {p} on 05/09/2009 at 18:34

Emergency stop.. penalty!!! - Ben 10
I've brought up two kids. My daughter had the intelligence to regularly undo the complicated fastening on her child seat. I never had to mount any pavement to re-secure her back into it.
Emergency stop.. penalty!!! - NowWheels
OP says that child managed to unstrap her/him self during the journey. An unforseeable event
resulting in what I would reasonably describe as an emergency


It was clearly right to stop. But the problem is not that the OP stopped to fix the child seat, it's that she parked with two wheels on the pavement. If she had kept all 4 wheels on the road, she'd be in the clear.
Emergency stop.. penalty!!! - Armitage Shanks {p}
Two wheels on a pavement, car stopped on double yellow lines - what's difference, in law? Probably both actions are illegal, I see this as an emergency. What if the child had had an asthma attack. What if OP had parked to fix a puncture, wheels on the pavement or not. If the council hadn't spent £xx thousand on a van they wouldn't have to clobber people to pay for it! This sort of fine is on a par with wheelie bin lids not being shut and attracting a penalty.

Edited by Armitage Shanks {p} on 05/09/2009 at 18:55

Emergency stop.. penalty!!! - fredthefifth
Its the inconsistent approach that annoys me. Round here we regularly get vehicles completely blocking the footpath and no action is taken. As much as I feel that inconsiderate footpath parking should be penalised, I do feel that with the facts as stated by the OP there is is some mitigation.
FTF.
Emergency stop.. penalty!!! - NowWheels
Two wheels on a pavement car stopped on double yellow lines - what's difference in
law? Probably both actions are illegal I see this as an emergency.


The difference in law is that you are allowed to stop in an emergency on double yellows, and you are also allowed to stop on double yellows to pick someone up or set them down. You're not allowed to stop on London pavements.
If the council hadn't spent £xx thousand on a van they wouldn't have to
clobber people to pay for it!


If people weren't routinely using their cars to obstruct the pavements, there'd be no need for the van in the first place.

Edited by NowWheels on 05/09/2009 at 19:29

Emergency stop.. penalty!!! - Armitage Shanks {p}
I don't think Havering is in London but my geography is not that sharp! I don't think OP "routinely" parks on the pavement and I think any fine for 2 minutes stopping anywhere, to deal with what OP perceived as an emergency is a bit harsh and I am surprised by the level of support here for rigidly imposed and inflexible petty bureacracy.
Emergency stop.. penalty!!! - gordonbennet
I am surprised by the level of support here for rigidly imposed and
inflexible petty bureacracy.


Seems to be the norm now and more's the pity, use a bit of common in such a situation?, don't be so silly....£60 'fine'.
Emergency stop.. penalty!!! - daveyjp
Appeal appeal and appeal again. IMHO a short stop to ensure the safety of a child should not result in a fine. Google "rachel Johnson Periscope parking" too.
Emergency stop.. penalty!!! - Martin Devon
There are some petty folk here and I for one am getting pretty fed up with some of the sanctimonious crap trawled out. I for one would, and I feel it is a natural move in the name of self preservation, to remove oneself as far as possible from the main run of traffic given the circumstances described. For the purposes of the 'discussion' we have to accept that the OP is telling it like it was.

As for the pettiness of whoever 'runs' the cash collecting departments in this island of ours (sorry, theirs) it is getting beyond me. Grate Britain springs to mind.

Whilst on this very subject I urge you all to 'Google' the postcode UB8 3RL and go to the Street view thing or whatever it is called and comment here on what you see. This is NOT a wind up or a waste of time.

Trust me.............Martin, thankfully in Devon.
Emergency stop.. penalty!!! - LikedDrivingOnce
Agreed - this thread is getting very "holier than thou"....
Regarding the view on "Google Earth" on UB8 3RL, what is the story of the white car smacking into the house?
Emergency stop.. penalty!!! - Martin Devon
Agreed - this thread is getting very "holier than thou"....
Regarding the view on "Google Earth" on UB8 3RL what is the story of the
white car smacking into the house?

Pass. I have to confess that I haven't seen that, but have you spotted anything else akin to this story?

Martin D.
Emergency stop.. penalty!!! - LikedDrivingOnce
Apart from the fact that all the cars seem to be parked part-road and part-pavement, no.

Mind you it looks as if Hillingdon Council have marked out bays that straddle the road/pavement. My council in North London do this as well.
Emergency stop.. penalty!!! - LikedDrivingOnce
...which they have to do - otherwise nobody would ever be able to drive down the road.
Emergency stop.. penalty!!! - Martin Devon
...which they have to do - otherwise nobody would ever be able to drive down
the road.

So that's alright then. I lived near there from 1963 to the late Seventies. No problems then!

One rule for them and one for us. Carp.

MD
Emergency stop.. penalty!!! - Andrew-T
Two wheels on a pavement, car stopped on double yellow lines - what's the difference, in law? Probably both actions are illegal ..


That's the problem - law. The purpose of 'law' is to prevent danger or inconvenience to others by threatening sanctions. In this instance it is most unlikely that any d. or i. was caused to anyone, and if it had been, the driver was present to resolve the matter. So the authority roving the roads looking for offenders to penalise without compromise in an impersonal cowardly fashion is simply pecuniary victimisation.

I wish someone took a remotely similar line near here. Never mind two wheels - many drivers park complete vehicles on the pavement to avoid the need to enter the surgery car park and look for a space. The road happens to be an urban part of the A56, and the parkers make it harder than it is anyway to see far enough to enter the stream of traffic.
Emergency stop.. penalty!!! - Bill Payer
It was a small car with a camera on top... I remember seeing it

Then you might be interested in this: forums.pepipoo.com/lofiversion/index.php/t43189.ht...l

I have to declare that I'm dead against cars being on pavements though.
Penalty for Stopping on Footpath - Please Advise - Kevin
They sat in a camera van and watched you re-fasten your daughters restraints and issued a penalty for two minutes?

Definitely appeal and if you live locally let your councillor know. If your councillor won't help tell him/her that the next time they are up for election you will be doing your best to let everyone know how unhelpful they were. If the council refuse to be reasonable write to the tabloids, the Daily Mail and The Sun would be a good start. If possible include a photo of yourself and daughter looking suitably contrite/upset.

Once these cowardly jobsworths realise that this stupidity causes them huge embarrassment, public ridicule and actually loses them money they will learn to concentrate on offenders who might be causing a real problem.

You might not get your money back but you'll certainly feel better.

Kevin...
Penalty for Stopping on Footpath - Please Advise - bell boy
having had to push my wife round in a wheelchair last year and having to go onto the road to get round inconsiderate drivers im the first to say fine those that disobey
pavements for pedestrians
roads for cars
but hey---
its a poor likkle child that at any minute might roll the window down and run off into the tundra of greater london
maybe the child should have been strapped into the trunk?
just a thought?
Penalty for Stopping on Footpath - Please Advise - Lygonos
Wheelchairs have wheels - to the road with it my good man.
Leave the pavements for dog poop and beggars.
Penalty for Stopping on Footpath - Please Advise - Dwight Van Driver
Connie

From what you say it appears that the contravention is against The Havering (Waiting and Loading Restriction) (Special Parking Area) (No. 1) Order 1994 which I cannot pull up on the box. The offence is actually one of NO WAITING (not stopping or parking) if there was a yellow line as the line covers the area from the centre of the road to the pavement boundary.

If you are near Council HQ then you may consider visiting and asking to see the Order to see what, if any, exemptiopns there are.

Nevertheless I would still consider an appeal. There is plenty on the box to lead you through the process.

dvd
Penalty for Stopping on Footpath - Please Advise - Badwolf
I really do wonder what planet all these 'holier than thou' posters are on. According to their way of thinking, the OP has committed the most heinous of offences which deserves to be punished with the full weight of the law. I'd love to get to know some of these posters, as it must be an absolute joy to be in the company of such august and wonderful people. Just imagine being with someone who never ever makes a mistake, even under pressure and who lives their lives in such a thoughtful and careful way that they never ever inconvenience or annoy anybody.

Connie was faced with a simple choice. Either have her child continue to travel without being safely restrained, or pull up on a pavement for the briefest of periods probably without inconveniencing anybody. She made, in the eyes of the Council, the wrong choice (or in the eyes of the Council's accountants, the right choice). How many parents, when noticing that their chld had managed to break free of their restraints, would carry on driving to find somewhere 'safe' to pull over? I know that I'd stop immediately. I'm afraid that I take the view that my child's safety is far more important than making bellboy's missus wait for a couple of minutes, or making Joe Bloggs pause a while before he can get round my parked vehicle.

I'm getting sick and tired of the 'adhere to the rules, no matter how petty' society that we seem to be drifting towards. It is a society that has nothing to do with making the world a better, safer place and everything to do with making as much money out of ordinary, (normally) law-abiding people. These are the very people that the authorities generally rely on for help and, if they are not careful, these same authorities will be losing an awful lot of the goodwill that gets them this help in the first place.

The OP's case is, I think, very similar to that of those who have been fined for going through red traffic lights while making room for emergency service vehicles to pass. Petty dik-tats have been allowed to obfuscate common sense and compassion.

Unfortunately, I have not the foggiest notion about how to effectively combat this. Any thoughts?
Penalty for Stopping on Footpath - Please Advise - ifithelps
... Petty dik-tats have been allowed to obfuscate common sense and compassion...

Tend to agree, but were you sat in a fines office, you might conclude everyone thinks their case is a special one.

The problem for the OP might be the adjudicator thinking: "Oh no, not yet another yummy mummy playing the 'loose child' card."

I know there have been problems with drivers causing obstructions while taking a mobile phone call.

Driver thinks he is doing the right thing by stopping, but it is only the lesser of two evils.

I don't know the road where the OP stopped, but I can't help thinking that had she taken the grave risk of driving another, say, 100m, she could have pulled into a side street where enforcement is far more lax.



Penalty for Stopping on Footpath - Please Advise - Badwolf
Tend to agree but were you sat in a fines office you might conclude everyone
thinks their case is a special one.
The problem for the OP might be the adjudicator thinking: "Oh no not yet another
yummy mummy playing the 'loose child' card."

I don't know the road where the OP stopped but I can't help thinking that
had she taken the grave risk of driving another say 100m she could have pulled
into a side street where enforcement is far more lax.


That's a fair point, I suppose. They should really build some flexibility into these laws though. What would be wrong with allowing a two-minute period of 'grace' to let people do exactly what the OP was doing? I take the point entirely about the side road, but the OP was probably panicked by little Johnny's sudden Houdini act and her only thought was to get him strapped back in as soon as possible.

These laws do not allow for humans to be human. They presume that we are all machines and would seem more at home on Skaro or perhaps Mondas. I'm in no way suggesting that the law allows us a free for all, just that a little common sense is applied in all cases. The majority of people will then feel less like leaving their wallets open, ready for when the authorities come knocking...
Penalty for Stopping on Footpath - Please Advise - jc2
She did NOT stop on the road,she stopped on the pavement!!!
Penalty for Stopping on Footpath - Please Advise - Badwolf
She stopped PARTLY on the pavement. For TWO whole minutes. TWO minutes. What is your (or anybody else's) problem with that? And where, in either of my posts have I ever stated that she did not stop on the pavement?

Obviously, jc2, I don't know you from Adam and I apolgise if that this offends you, but your post puts an image across of you as being one of the above-mentioned 'holier-than-thou' posters who believes that the most minor of transgressions should be punished severely.

We are getting to the stage now where any mistakes, or momentary lapses are punished without any thought being given to extenuating circumstances. Stopping to ensure your child's safety should not incur a fine unless on a Red Route which we all know about anyway.

I ask again - where has the common sense and compassion gone?

Edited by Badwolf {P} on 06/09/2009 at 10:45

Penalty for Stopping on Footpath - Please Advise - Pugugly
where has the common sense and compassion gone?


Good question Badwolf. They're Tatcher's children.
Penalty for Stopping on Footpath - Please Advise - bell boy
Its seems some are assuming that only two wheels are on the kerb.
However it could be that everything was on the kerb other than the the two wheels that were still on the road

Sorry but still no sympathy from me
Nothing to do with thatcher or anybody else its basic common sense pavements are for people with shoes on
Too many people have their own selfish "why me"? attitudes in what was once great britain.
Maybe posters journey wasnt even necessary,there is a war on you know
Penalty for Stopping on Footpath - Please Advise - nortones2
Compassion? Its a fixed penalty for goodness sake: exactly what is needed for a "minor transgression". Far too much automatic driving up onto footpaths. So automatic, that pedestrians apparently become invisible during the process.
Penalty for Stopping on Footpath - Please Advise - NVH
www.direct.gov.uk/en/TravelAndTransport/Highwaycod...9

Highway code: 145

You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency.

If, in your opinion as a driver and a concerned parent, this constituted an emergency,
then you have an additional defence.

I doubt that anyone is in a position to contradict you.
Penalty for Stopping on Footpath - Please Advise - bell boy
What about changing the cd"s in the player under the passenger seat if the wife filled it up with mantovani and i want the who?,surely thats an emergancy to get them changed straight away especially since jeremy vine has just come on the radio and its a whole hour before the world at one is on?

MA LUD?
Penalty for Stopping on Footpath - Please Advise - Bill Payer
She stopped PARTLY on the pavement. For TWO whole minutes. TWO minutes. What is your
(or anybody else's) problem with that?


I guess that's no different from saying; what's the problem with going 2MPH over the speed limit? The only reason people don't get done for that is because of the uncertainty of accuracy of the equipment.

It's a black and white thing. The time period isn't relevant.

And apart from the possible hazard to pedestrians, the pavement could be damaged by a vehicle driving on it.
Penalty for Stopping on Footpath - Please Advise - maz64
I guess that's no different from saying; what's the problem with going 2MPH over the
speed limit? The only reason people don't get done for that is because of the
uncertainty of accuracy of the equipment.


But that's partly the point - you'd hope there'd be a human being there, not a piece of equipment, who might say - ok, you were 2mph over, but you were late for your mum's funeral (or whatever) so I'm going to let you off this time with a warning.
Penalty for Stopping on Footpath - Please Advise - the swiss tony
I don't know the road where the OP stopped but I can't help thinking that
had she taken the grave risk of driving another say 100m she could have pulled
into a side street where enforcement is far more lax.

And in that 100m she could have had an RTC where her child was shot out the car?
Lets get real, Connie was foremost thinking of the safety of her child, something most of us
would do!
IMO from what Connie has posted, she was also thinking of other road users, by making sure traffic flow wasnt unduly affected.

I admit the above is conjecture based on Connies posting, and without seeing the road concerned NONE of us can be sure if she did the right thing, BUT isnt safety the one thing we should put above all else?
Penalty for Stopping on Footpath - Please Advise - Bill Payer
Connie was faced with a simple choice. Either have her child continue to travel without
being safely restrained or pull up on a pavement for the briefest of periods probably
without inconveniencing anybody.


That's not correct. She had a 3rd choice, which was to stop in the roadway.

Edited by Bill Payer on 06/09/2009 at 11:59

Penalty for Stopping on Footpath - Please Advise - gordonbennet
That's not correct. She had a 3rd choice which was to stop in the roadway.


Trouble is Connie didn't pop out with her tape measure (remember to carry with you at all times to satisfy the BR kangaroo court) to check the width of the road or the pavement, more importantly we don't know how busy the road or the pavement were at the time.

It may have been the case that the road was fast moving and heavily trafficked and maybe Connie didn't want to risk partially blocking the road, and it may well have been a quiet road with a busy pavement, we'll never know.

Pop back to the scene of the crime Con there's a dear and take all measurements and count the traffic and pedestrian flow for the learned counsel would you..;)

Ever more reclusive and i wonder why (formerly disgusted)...of Tunbridge Wells.
Penalty for Stopping on Footpath - Please Advise - bell boy
gordonbennet are you sid? in the brilliant spoof of Sidney Lumet's 1957 courtroom drama, Twelve Angry Men, where Sid and Hancock spin out jury duty to make the most of their 30 bob a day
;-)
Penalty for Stopping on Footpath - Please Advise - gordonbennet
gordonbennet are you sid?


No but i wouldn't have minded swapping places with him a few times..;)

Gone for ever those characters, and took common sense with 'em.
Penalty for Stopping on Footpath - Please Advise - Ravenger
I really hate traffic enforcement by camera.

Remember when they said they were installing CCTV for our safety? To cut down on serious crime and disorder?

Instead they're using it to punish minor infractions by easy to track people (i.e. motorists) out of all proportion to the offence.

At least with a traffic warden or police officer you could explain any extenuating circumstances.



Penalty for Stopping on Footpath - Please Advise - bell boy
At least with a traffic warden or police officer you could explain any extenuating circumstances.
true,like sorry for mounting the pavement and driving over your foot?
Penalty for Stopping on Footpath - Please Advise - ifithelps
...n the brilliant spoof of Sidney Lumet's 1957 courtroom drama, Twelve Angry Men...

Surely that film is mis-titled?

There were only eleven angry men - the twelfth juror was all care and compassion and anything but angry.

Penalty for Stopping on Footpath - Please Advise - Optimist
Linik below takes you to the Romford and Havering Post and to a story about the doubtful legality of the Smart camera cars being used for the CCTV ticketing described by OP:

tinyurl.com/nd5l23

Penalty for Stopping on Footpath - Please Advise - Westpig
Everything needs to be looked at and judged on its merits. A camera enforcement system does not do that, the ticket/prosecution becomes automatic.

There was a degree of danger to the child, in that they were no longer properly strapped in.

How wide was the pavement; was anyone inconvenienced; was there any danger caused; is it an area where there are often problems of this sort; is there an old people's home/school nearby; etc

How wide was the road; would there have been an obstruction caused by stopping wholly in the road, that could have been alleviated by temp use of the pavement (which let's face it Local Authorities seem happy enough to use in other circumstances); was it dangerous to stop wholly in the road.

There's a difference between someone selfishly partially/wholly parking their car on a pavement, blocking it and then causing pushchairs/wheelchairs etc to have to use the road (which happens near me when I want to take my 18 month old out)...than someone stopping partially on a pavement to prevent obstruction of the road, for a very short period of time. Who knows, the pavement could have been 3 cars wide.

Maybe Connie exercised some common sense, but got hit by some inflexible council camera system that pays no homage to common sense? Some of you have pre judged it without knowing all the facts.
Penalty for Stopping on Footpath - Please Advise - Citroënian {P}
WP - I completly agree with you

I work for my local authority and it saddens me that all the good work we do is overshadowed by stuff like this. Yes, there are a lot of reasons for pursuing parking with such zeal but the negative impact it creates carries a much greater cost.

DVD gives great advice as ever, I would certainly appeal in your case. You may well meet with some sympathy even if the let off letter is sternly worded about not doing it again.

I have no connection to parking services this is just my 2p
Penalty for Stopping on Footpath - Please Advise - Armitage Shanks {p}
Very interesting link optimist. Also interesting to see that the Smart Camera cars cost £25,000 EACH! Pricey for a plastic box with a web-cam on the roof.
Penalty for Stopping on Footpath - Please Advise - Fullchat
Unfortunately as a revenue generator a good investment.
Penalty for Stopping on Footpath - Please Advise - Armitage Shanks {p}
Depending on the validity of Optimist's link, posted @1133!
Penalty for Stopping on Footpath - Please Advise - jbif
Unfortunately as a revenue generator a good investment. >>


You could not choose a better location for rich pickings than:
.... This was in Havering, Parkstone Av ... >>


A search on t'internet will show that the houses here sell for £2million.
"There is some variety in the types of property, however the vast majority are substantially large detached homes on plots of land of at least half an acre. The roads in the area are wide and lined with mature trees. "

Parkstone Avenue is wide enough for four cars abreast.

Some juicy bits from Optimist's link:
...
Opponent of the Smart car, Cllr Barbara Matthews of the Residents' Association - who once likened the cars to bounty hunters - said of the ruling: "If it gets the council working properly then it's a good thing."
The Havering flotilla, made up of two £25,000 Smart cars and three motorbikes has targeted thousands of motorists pulling in millions of pounds since it was first piloted in June 2007.
It has quickly become the scourge of motorists with the council accused of unfairly targeting residential streets where people had parked unchallenged for years, as well as transport pick-up and drop-off points.
Unlike traditional traffic wardens, PCNs are not posted on the vehicle at the time but mailed directly to the motorist leading to cases of 'stacking', where drivers, after being unknowingly and repeatedly targeted, are suddenly stung with an influx of fines.
Ian Jansen, co-founder of protest website Angry of Havering and co-owner of Romford Mini Cabs, said: "We originally started Angry as a protest against the sneaky tactics used by the Smart car, getting our drivers as they picked up passengers. ...
....


Edited by jbif on 06/09/2009 at 16:02

Penalty for Stopping on Footpath - Please Advise - b308
I really do wonder what planet all these 'holier than thou' posters are on.


I haven't replied on this thread yet, BW, but that requires and answer... and the answer is out there where your fellow drivers seem incapable of parking with due consideration for others... have a look around and you'll see loads of examples of insconsiderate and dangerous parking...

As an example I've just come back from Welshpool and whilst there I was forced to walk on the road because a driver decided to double park on the pavement (yes, really, alongside another car which was already parked on there!!) and in a car park the other side of town a young couple decided to park in a disabled bay whilst there were loads of spaces not 20 yards away (and no, they didn't have a blue badge!)...

Whilst that sort of thing goes on, and if you walk into your local town you are bound to see variants of those and plenty of other examples of inconsiderate and dangerous parking, there are many of us that will keep banging on about it... and just maybe some will get the message and we will see more people think before they park...

As for the OP, I can see why she did what she did, its difficult not knowing exactly where it happenned to judge whether it was better to mount the kerb or not, but if it was just for two minutes to strpa the kid back in I hope she appeals and common sense prevails...

Edited by b308 on 06/09/2009 at 17:37

Penalty for Stopping on Footpath - Please Advise - Badwolf
>> I really do wonder what planet all these 'holier than thou' posters are on.
I haven't replied on this thread yet BW but that requires and answer... and the
answer is out there where your fellow drivers seem incapable of parking with due consideration
for others... have a look around and you'll see loads of examples of insconsiderate and
dangerous parking...


I have never once promoted the idea of dangerous of selfsh parking, and neither would I. Such parking annoys the bejesus out of me, and all fair and reasonable methods should be used to combat it.

However, the OP did not park. She (to use a phrase from another thread) pulled up on the pavement for two minutes to avert further danger to her child. It is this that I am defending, and will continue to do so until I am blue in the face. I am also railling against the likes of Nortones2 who seem hell bent of fining people for the slightest of minor trangressions no matter what the circumstances.
Penalty for Stopping on Footpath - Please Advise - barney100
If the child was out of the safety seat I would plead a justifiable stop on the grounds of safety. The law requires you to have young ones properly restrained and you were in my opinion justified in stopping to put the child in place. imagine if you had gone to a legal stopping place and had an accident in so doing and injured the child, appeal directly to the chief constable in a reasonable style!
Penalty for Stopping on Footpath - Please Advise - Armitage Shanks {p}
Appeal is right but I don't think the the Chief Constable is involved - it is a council matter.
Penalty for Stopping on Footpath - Please Advise - Optimist
And here's another link to an interesting article in the Sussex Argus:

tinyurl.com/nh5gax

Note in particular the NCP spokesman who says: "The guidelines on pavement parking are that cars should not be parked so they are causing an obstruction on the pavement. At this point the pavement is extremely wide, and therefore there is no question that the vehicle was causing an obstruction." and have a look at m'learned friend jbif's post on the road in question: if the road is wide I wouldn't expect the pavement to be narrow.

Penalty for Stopping on Footpath - Please Advise - connie33
Thank you all for your feedback,

I was definitely feeling guilty, I know I have made a mistake, but i did not do it because I was being lazy or chicky. As someone said, there are big houses in Parkston Av, you dont see many people using the footpath (as most of them drive) so I think seeing my daughter in that situation and seeing that there was no one on the footpath made me take that quick (wrong) decision.
I will appeal and explain my case, I hope they will understand that I stopped because: for me that was an emergency.

Thank you all! :)
Penalty for Stopping on Footpath - Please Advise - Armitage Shanks {p}
Good Luck and a fair outcome. Please come back and give us your news, good we hope!
Penalty for Stopping on Footpath - Please Advise - rtj70
At least this is a penalty charge which does not come with points.

But do appeal. It would have been illegal to continue driving with the child unrestrained. Had you stopped and blocked the road you would be fine no doubt.

As an aside but may be helpful to you or others.... once stopped in Manchester city centre near the Triangle/Selfridges waiting for my wife to swap something in Jigsaw. I was stopped in a loading bay. Started to move when a parking warden appeared and he told me I was okay because technically I was not parked and I was okay to wait there longer. In the meantime he then ticketed some others cars. To difference I was still in mine with the engine running - not parked just stopped.
Penalty for Stopping on Footpath - Please Advise - NowWheels
At least this is a penalty charge which does not come with points.
But do appeal. It would have been illegal to continue driving with the child unrestrained.
Had you stopped and blocked the road you would be fine no doubt.


So it seems.

And that makes sense. When a pedestrian needs to tie a shoelace, they don't step off the kerb and stand in the middle of the road to do up their laces.

Cars belong on on roads, not on footpaths. Why is this so surprising to some people?
Penalty for Stopping on Footpath - Please Advise - Nsar
A couple of years ago I had to attend a meeting at venue in a very rough part of Salford. A few of us were there and we parked on the (very broad) pavement as close as we could get to the door of the place for security's sake. I got a ticket but the car a few feet in front didn't. The answer given was the road where I had parked had a double yellow line, but the lines ended between my car and the car in front, so he was not parked illegally.

Can anyone explain? I wrote to appeal but got nowhere.
Penalty for Stopping on Footpath - Please Advise - Andrew-T
The road where I had parked had a double yellow line, but the lines ended between my car and the car in front


I understand that one may not park either 'outside' double yellows or 'inside' them - i.e. on the pavement. Does that fit your situation, Nsar?
Penalty for Stopping on Footpath - Please Advise - Armitage Shanks {p}
Cars and cyclists belong on the roads but frequently pedestrians are forced onto roads by parked cars and cyclists on the pavements. It is almost a circular argument isn't it. BTW I wouldn't go into the middle of the road to tie up my shoe lace, that would be really silly, just off the kerb would do.
Penalty for Stopping on Footpath - Please Advise - Westpig
Cars belong on on roads not on footpaths. Why is this so surprising to some
people?


Because the Local Authorities permit it when it suits them. What is wrong with an individual making an informed decision for the circumstances?

e.g. Block the road temporarily or partially block the pavement temporarily. Depending on the circs, the second one might be the more sensible option. Trouble is enforcement by camera doesn't have any regard to any common sense applied.
Penalty for Stopping on Footpath - Please Advise - Badwolf
>>Why is this so surprising to some people?

And why do some people seem so incapable of grapsing what this thread is actually about?

It is not, and never has been, about Connie, myself or anybody defending our right to park on the pavement whenever we like to the detriment of pedestrians.

>>When a pedestrian needs to tie a shoelace, they don't step off the kerb and stand in >>middle of the road to do up their laces.

What a vacuous comment. Of course they don't. Firstly, an untied shoelace is not potentially life-threatening. Secondly, pulling up onto the pavement for two minutes will not endanger anybody else's safety. Stepping into the road to tie your shoelaces will. I realise that this may have been tongue in cheek, but it really was a poor choice to emphasise your point.
Penalty for Stopping on Footpath - Please Advise - Ben 10
"As an aside but may be helpful to you or others.... once stopped in Manchester city centre near the Triangle/Selfridges waiting for my wife to swap something in Jigsaw. I was stopped in a loading bay. Started to move when a parking warden appeared and he told me I was okay because technically I was not parked and I was okay to wait there longer. In the meantime he then ticketed some others cars. To difference I was still in mine with the engine running - not parked just stopped."

If we all did this, imagine the congestion. You , on this occasion were either too tight to park up or too lazy. See this behaviour all the time. You don't drive an X5 by chance!

People who don't give a hoot about everyone else. And as has been said, cars are for the road, pavements for pedestrians.
Penalty for Stopping on Footpath - Please Advise - maz64
If we all did this imagine the congestion.


In a loading bay?
Penalty for Stopping on Footpath - Please Advise - Ben 10
In a loading bay?

Yes, if we all tried the same act at the same time. Its reserved usually for deliveries to shops.
Penalty for Stopping on Footpath - Please Advise - maz64
Yes if we all tried the same act at the same time. Its reserved usually
for deliveries to shops.


I was assuming rtj70 would have moved if a delivery lorry had turned up.
Penalty for Stopping on Footpath - Please Advise - L'escargot
This is why I dislike vehicles parking on footways.

"Footway parking where it is deemed not suitable by the Council costs thousands of pounds a year in damage to un-strengthened footway surfaces and kerbs, grass verges .............."

It can also damage underground services such as gas and water pipes.
Penalty for Stopping on Footpath - Please Advise - bonzodog
Not forgetting the danger caused to pedestrians tripping on broken & uneven flagstones & injuring themselves. This happened to my 77 year old father last year. The result was an inpatient operation on his knee to partialy repair the damage; & no, he didn't sue the council.

But plenty of people do sue which again costs the council taxpayer.

But, as long as people can park within five yards of the lottery shop, betting shop, newsagents etc ............
Penalty for Stopping on Footpath - Please Advise - bell boy
www.yorkshireeveningpost.co.uk/letters-to-the-edit...p
Penalty for Stopping on Footpath - Please Advise - b308
Perhaps Mr Abraham needs to get some glasses to see where he is going?! Its the attitude of people like him that really gets on my wick... accidents happen for Pete's sake, why do people always have to blame someone else for their woes?!

No doubt "compensation" claims will become the new income stream for many...

I agree with others that we've rather strayed somewhat from the OP's original query though...

Edited by b308 on 07/09/2009 at 13:51

Penalty for Stopping on Footpath - Please Advise - Snakey
Two wheels on the path for 2 minutes? On what planet does this constitute any kind of 'offence'?

Appeal and keep appealing. Write to the tabloids, contact Sky News. This sort of petty minded council behaviour is all too common. The only way to fight it is to continually show them up for it.

As for the self righteous mob, I gather they either don't have any kids or live their perfect lives so free of mistakes they must almost be a robot.
Penalty for Stopping on Footpath - Please Advise - Badwolf
Snakey - a less verbose and far more concise version of what I wanted to say originally! Well said, that man.
Penalty for Stopping on Footpath - Please Advise - L'escargot
As for the self righteous mob ...........


Be more specific and state names.
Penalty for Stopping on Footpath - Please Advise - Armitage Shanks {p}
Naming and shaming is not permitted! They know who they are!
Penalty for Stopping on Footpath - Please Advise - bonzodog
"As for the self righteous mob, I gather they either don't have any kids or live their perfect lives so free of mistakes they must almost be a robot"

The usual comment from those who believe THEY should be allowed to do anything THEY believe is OK for THEM. Except of course we are not talking mistakes but deliberate actions which do cause injury to others & costs money to repair

But I guess as long as it's not a close relative of yours who has tripped up, then you don't give a flying pink fluffy dice

{The no swearing policy applies to everyone - including you}

Edited by Dynamic Dave on 07/09/2009 at 20:08

Penalty for Stopping on Footpath - Please Advise - Badwolf
bonzodog, I'm really sorry that your dad had this fall. For someone of his age a fall such as this can take a long while to get over. I hope that he is recovering well and that this has not put him off getting out and about.

However, I do feel that you, and quite a few others on here, have got the wrong end of the stick as to what this thread is about. Also, you do seem to contradict yourself a little in your post. Are you saying that Connie made a mistake, or that Connie deliberately set out to cause inconvenience and injury?

I'm not trying to have a go at you here, far from it. I just want to be clear that I understand what you are trying to get at.

By the way, how's the rest of the band...? :-)
Penalty for Stopping on Footpath - Please Advise - bonzodog
Hi Badwolf, thanks for your concern. Unfortunately he has not recovered well & now has a disability badge, walking stick & struggles to get about on his own; in fact only this morning the council installed a "lifeline" emergency call system (which he pays for, or towards). He has had to stop cycling & swimming & hasn't been able to get out playing bowls at all this year. Much of this is due to other physical ailments but the fall was the start of of the downturn in his mobility & at 78 his quality of life is seriously diminished.

As regards the thread, as always, these change from the OP's original comments. My comments are against those who park deliberately & without consideration on the pavement. As some-one else said, pavements are for pedestrians & roads are for vehicles.

Clearly there are times when the law needs to be broken in order that an emergency can be dealt with such as driving past a stop light in order to let an ambulance get past. In the OP's case if she could have stopped without parking on the pavement she should have done so, or driven for a short time to seek a better place to stop. If on the other hand, no place was truely available then I would agree that the safety of her child was paramount.

But ..... given the amount of drivers who habitually park on the pavement regardless of other closely available & legal parking (including where they are but solely on the road) I do question why the OP chose the option she did. And I would ask her to honestly ask herself if she stopped where she did because it was the simplest option.
Penalty for Stopping on Footpath - Please Advise - Badwolf
Thanks for that, bonzodog. You've cleared things up nicely and made some very pertinent points.

My dad, too, now has mobility problems. He's only 66 but has to rely on a motorised scooter-y thing to get about and has a blue badge. It's really quite difficult to see him like this as he was always so active when I was a kid. His problems haven't been exacerbated by a fall though. I hope your dad keeps on a even keel.

Cheers.
Penalty for Stopping on Footpath - Please Advise - jbif
bonzodog:

I agree with your comment about "those who believe THEY should be allowed to do anything THEY believe is OK for THEM".
The findings of a study published today* may be relevant in explaining that:

In the ?Honesty Lab? research, Dr Finch and Dr Fafinski, both criminal lawyers, asked participants about insurance fraud, student plagiarism or theft from an employer. Each volunteer was asked whether they felt a particular action was dishonest, whether they would convict somebody of it, and whether they had done it themselves. The results showed wides variation, even in apparently cut-and-dried cases: more than 3 per cent felt that it was not dishonest to take a DVD from a shop without paying for it.

Only 43 per cent of people called it dishonest for a carer to try to persuade an elderly person to change their will in their favour (twice as many thought it dishonest to wear a dress before returning it to the shop). Only 21 per cent would convict a carer of such an offence. Some 98 per cent of women considered it dishonest for a man to conduct an online romance behind his wife's back, but only 74 per cent of men agreed.

Two defendants accused of the same crime may stand different chances of being convicted according to the sex and age profile of the jury, and according to whether any jurors have committed similar acts of dishonesty themselves.

?The law is based upon an assumption that the majority of people hold the same views about what conduct is dishonest,? the researchers said. ?Our research challenges that assumption, as we found that there is a great deal of disagreement among people, even upon very basic situations.?


[*study by Dr Stefan Fafinski and Dr Emily Finch, lecturers specialising in criminal law at Brunel University, released today at the British Science Festival at Surrey University, Guildford ].

Edited by jbif on 07/09/2009 at 17:11

Penalty for Stopping on Footpath - Please Advise - ifithelps
...The law is based upon an assumption that the majority of people hold the same views about what conduct is dishonest...

Not quite.

In a jury trial, the judge is judge of the law, and the jury is judge of the facts.

The jury's task is to decide if a defendant did the act complained of, not if it is illegal or not, although often one will obviously follow the other.

If the jury follows the judges directions on the law and carefully weighs the evidence, then it should produce the right result.

Of course, a jury may not always take the judge's directions on board, which is both a strength and weakness of the system.
Penalty for Stopping on Footpath - Please Advise - jbif
Not quite. >>

ifithelps:
I shan't bother countering that as it may upset someone's delicate sensibilities. The only thing I should like to add is that if you really don't agree with the statement, take it up with the authors' of the study.

Edited by jbif on 08/09/2009 at 14:50

Penalty for Stopping on Footpath - Please Advise - ifithelps
..ifithelps:
I shan't bother countering that as it may upset someone's delicate sensibilities. The only thing I should like to add is that if you really don't agree with the statement, take it up with the authors' of the study.

jbif,

As with so much learned research, it suffers from lack of exposure to the real world.

I don't doubt the methodology of the authors and the sincerity of their conclusions, when viewed in isolation.

But when those conclusions are put in their proper context, a different picture emerges.





Penalty for Stopping on Footpath - Please Advise - Snakey
in reply to bonzodog:

Yawn.

Delierately missing the point as usual. Or just being a smart alec.

2 minutes, 2 minutes, 2 minutes 2 minutes......

I don't agree with parking on pavements, but if anyone bothers to read through it was a snap judgement made to secure a child for (again) 2 minutes. You're telling me in your life you've never done anything that would slightly inconvenience anyone, for any period of time whatsoever?

help us from this mentality if you have to sit and analyse everybodys potential grief every time you have to make a quick decision.

Edited by Dynamic Dave on 08/09/2009 at 20:26

Penalty for Stopping on Footpath - Please Advise - Mick Snutz
I have nothing to add.
I just wanted to be the hundredth poster!
Penalty for Stopping on Footpath - Please Advise - jbif
2 minutes, 2 minutes, 2 minutes 2 minutes......

I don't agree with parking on pavements, but if anyone bothers to read through it was a snap judgement made to secure a child for (again) 2 minutes. >>

Snakey - my opinion:

1. 2 minutes. So says you and the OP. To paraphrase this website's policy states "You may know that what you say is absolutely true but the rest of us do not, and don?t have the time to find out. "
2. A non-video camera based system can only give a snap of a moment in time. The Smart car would need to keep recording the offender beyond the two minutes claimed in order to prove whether the breach happened for longer than the two minutes claimed on the PCN. The OP says "not sure if it was more than a minute" and that "the penalty notice that it was from 17:58 to 18:00". So we already know that the OP is not sure of her facts.

The fact is the Havering Council is using this unpopular system to fine people and it is well known in the area and there are campaigns against it. (See the earlier link by Optimist). The best the OP can do is appeal, and provide evidence (such as location of the nearby nursery, proof that her child attends it, the time she picks up her child, etc.).
The other thing the OP can do is join the other campaigners to stop this unpopular revenue raising scheme, and if as Pugugly says it is all down to the fact that "They're Tatcher's[sic] children, stop the people of Havering voting for those children.

Penalty for Stopping on Footpath - Please Advise - daveyjp
"penalty notice that it was from 17:58 to 18:00"

So it's possible it could be 17:58:59 to 18:00:00. So a stop of just 1 minute 1 second.

The Havering Council budget must be in a real mess if they are relying on income grabbing to this level.
Penalty for Stopping on Footpath - Please Advise - Optimist
The Havering Council budget must be in a real mess if they are relying on income grabbing to this level. >>


When I was looking at this the other day I saw, on the Havering Council site I think, a reference to the "parking industry".

What has this once proud nation come to? We don't have a shippng, steel or mining industry any more. We have a bit of a manufacturing industry.

But when all else fails we can point to the success of our "parking industry".

Penalty for Stopping on Footpath - Please Advise - Waino
But when all else fails we can point to the success of our "parking industry".>>


Oh no, Optimist, just when my b.p. had dropped to 110/72, you've got me started again :-(
Penalty for Stopping on Footpath - Please Advise - connie33
Yes, You could be right, I am trying to access a link I was sent with the PCN, this link would let me view a recording of the contravention on line.... but I have been trying for a few hours and the link not working... so the second option, if I want to view it, I have to go to Romford... :)
Penalty for Stopping on Footpath - Please Advise - connie33
Yes You could be right I am trying to access a link I was sent
with the PCN ....


I am trying to view on line how long I stopped for
Penalty for Stopping on Footpath - Please Advise - Andrew-T
To paraphrase this website's policy states "You may know that what you say is absolutely true but the rest of us do not, and don?t have the time to find out. "


Well, yes. But if many of us just start inventing possible variants of the OP story without quite accusing him/her of porkies, no wonder the thread ends up in treble figures, with a few 'sensibilities' irritated. We have to accept 'facts' as stated, until more are added.
Penalty for Stopping on Footpath - Please Advise - bonzodog
"help us from this mentality if you have to sit and analyse everybodys potential grief every time you have to make a quick decision"

Oh dear, I'm in the wrong lane, quick, over I go ............. whoops! Oh well, what's one more dead motorcyclist?

Edited by Dynamic Dave on 08/09/2009 at 20:26

Penalty for Stopping on Footpath - Please Advise - Snakey
Again, going out of your way to misinterpret what I say.