Hi. I'm hoping someone can give me some advice on a PCN I was issued a few weeks ago in Eastcastle Street, London, for parking adjacent to a dropped footway.

I was parked after 6.30pm on a yellow line and hadn't noticed the dropped footway. When I came back to my car I was surprised to find a PCN on my windscreen.

The dropped footway I was parked at clearly wasn't used for pedestrians or disabled people as there was no dropped footway the other side of the road and it was not a zebra crossing or any other crossing like that. It is however, by an alleyway that runs between Eastcastle Street and Oxford St. BUT - there is no access for cars to this alleyway as it's entrance is blocked by static bollards.

I wrote an appeal letter but they said this dropped footway was only used for pedestrians - they know there's no dropped footway the other side of the road but it's a dropped footway they're enforcing anyway. Can they actually do this?? Also - the footway is not lowered to the carriageway exactly. Will post photos up (can you tell me how though please?)

I don't believe this dropped footway fits within the definition plus doesn't the yellow line suggest I can park there outside the zone's restricted hours?

Would appreciate some feedback on this... thanks guys.

May be an idea for the appeal to get a photograph of the SYL at 'your' DF and photographs of other DFs with DYLs. If they're not being consistent with their road markings it could well count against them at appeal.

A drop kerb does not need a DYL outside CPZ hours I can park across my own drop kerb if it was a DYL that would not be possible making me at a disadvantage from those without a drive.

I realise that DYLs are not a requirement, but from the OP's comment it seems that Westminster do specifically use them across DFs, and the fact that they haven't in this case could be beneficial.

Well this is what I'm thinking. The fact they only used a single here, coupled with the facts it's not a pedestrian refuge or a driveway, made me think it was ok to park there! I have photos of other DF in the area - obviously not all of them but I got a few to prove my point that they gave the impression parking here was ok outside the CZ restricted times... Does anyone think I should remove the bit about the single yellow being a designated parking space from my letter? And just go with the height of the dropped footway and the fact it's not a pedestrian refuge?

This post has been edited by Trixie: Thu, 25 Jun 2009 - 15:51

Any chance of seeing the ticket what may be inportant here is the time in which you where issued the ticket. Have a look at this>>> TMA 2004 section 86(5)

5)The fourth exception is where—

(a)the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,

(b)the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

©the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.



If you were issued the ticket before the full 20 minutes then the above regulation has been breached.
Please note I am no expert let the legal eagals advise you on what I have posted.

I wasn't unloading... I was in a pub! So my car was parked for a couple of hours. Don't worry I wasn't drinking!!

Does anybody know the exact legal definition of a 'designated parking space' please?

A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).

Thanks Clark Kent - I know that bit though... I just have no idea what it says in section 6,9 32 etc etc etc. I've tried looking it up but I can't make any sense of it. What I meant by my question was... what is the definition in those sections for the average lay person?

A traffic order designating a parking place under the RTRA 1984 would specify you could park there subject to the conditions in the order such as residents only or 1 hour maximum stay.

Ah... well I've sent the letter off now anyway as it was. I guess I don't have a case re the designated parking place, but to be honest I do still think I have a case with the height of the dropped footway. It's still an inch higher than the carriageway at it's lowest point. That can't fit within the definition! Also - I think I may have a case with the fact they say it's dropped to assist pedestrians. I'm pretty certain it isn't and have asked for the traffic order. It looks to me like the dropped footway was put there to help cars in and out of Adam and Eve Court before they put bollards up to stop traffic. How can they say it's for pedestrians but not have a DF the other side of the road?! What would wheelchair users do once they got to the other side?!

Anyone know if you can have a DF for pedestrians without a recriprocal DF the other side of the road? How common is that?

I'll be watching this one avidly.

Lots of people get towed for parking over park of a DF. I'm sure plenty of these are well over the height of the road.

If successful, this could really be useful.

Well let's hope I am successful because I got a Notice to Owner this morning! I'd like to see them prove this DF was lowered specifically for pedestrian use! Anyone can see it wasn't!!!

OK - I finally received the NtO this morning for parking adjacent to a DF. Is there a standard letter of response I can use to reply to them does anyone know?

If you read my other topic, 'Parking adjacent to a dropped footway PCN. Wrong to be issued?', you'll get all the background info on the ticket if you're not familiar with my case.

Thanks guys

There's quite a few DFs in my (semi-rural) area with no corresponding DF the other side. These are used by the elderly with their mobility scooters and access to taxis and ambulances.

Mrs. roythebus, being a town councillor, keeps getting complaints that the wrinklys can't get down the kerb with their scooters because someone's parked there. Any further info on the regs generally would be appreciated here too.

Thanks that's interesting. But the DF I got a ticket from is right in the middle of central London. It's not residential, plus - if you have a look at the photos I posted up, it looks like this DF was originally there to serve any cars coming in and out of Adam and Eve Court. There's no longer access to this drive due to bollards. Do you think it's possible that the council applied to change the DF's use? Ie could it once have been for access but has now changed to pedestrian use - lawfully??

Some drop kerbs are to allow goods deliveries using a barrow access from the street.

Oh well that's worrying cos there is a stall set up right at the other end of Adam and Eve Court! Surely the stall holder would have to make a complaint though no? How can I find out the original use for this DF?

Well it's going to adjudicator so watch this space... Am sending off the form as we speak! I'm really hoping there's a technicality here or the traffic order states this DF wasn't lowered for pedestrian use. Warrington were quite rude in their reply and said 'complete ignorance of the regulations is not grounds for cancellation'! Rude f*ckers!

This post has been edited by Trixie: Thu, 23 Jul 2009 - 16:34

You don't as far as I am aware need a traffic order for a drop kerb.