A father and son’s battle to overturn a parking ticket could lead to refunds for dozens of motorists after a councillor described their plight as an “injustice”.

Paul MacNiven, who lives in Merton Park, was given a £120 penalty charge notice for parking next to a dropped kerb in Cannon Hill Lane on August 18, but recently had his appeal turned down by Merton Council.

Mr MacNiven explained he parked there because the pavement looked broken instead of deliberately flattened because it is barely an inch lower than the pavement.

His father, Gordon MacNiven, said: “This is a disgraceful, shoddy and unreasonable situation and Merton should be ashamed of themselves for their blinkered and unhelpful approach.

“Why they are so reluctant to put up a simple sign saying, for example, ‘Parking controls enforced between 7am and 7pm’ is beyond me.

Mr MacNiven has now appealed to the Parking and Traffic Appeals Service, which has the power to overturn the parking ticket.

After he complained to a Merton Park councillor, the council has now added white markings to the road to make it clearer to motorists they may not park next to this kerb.

Councillor John Sergeant said, between May 2010 and June 2011, 42 other people were given parking tickets for wrongly parking on the 1.5m stretch of Cannon Hill Lane – representing two-thirds of all parking offences for that street last year.

He said: “It is one thing that really rankles with people. There is an injustice to it. The parking guys work to a very strict set of rules and I don’t think they feel there is much room for manoeuvre.

“But in this case Mr MacNiven has a point because it’s not clear that one isn’t allowed to park there, which is why I asked the council to make it clearer with markings.”

Merton Council’s deputy leader, Councillor Mark Betteridge, said: “In this particular case, the driver parked across a pedestrian drop kerb in Cannon Hill Lane, where national parking restrictions apply.

"Drivers should not park where the kerb has been lowered to help wheelchair users and powered mobility vehicles.”

What do you think? Leave a comment below, call 020 8722 6335 or email: ooakes@london.newsquest.co.uk.


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