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Partial dropped Kerb PCN - Wandsworth
cescazza
post Wed, 30 May 2018 - 20:22
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Hello!

I received a PCN on my windscreen last week (on my birthday of all days!), for partially parking across a dropped kerb. I thought I was fine, as I believed I only covered the slope. I see dropped kerbs on this street (Horne Way) that are covered by parked cars daily - I have never seen any other cars with a PCN on their windscreen so far! I know I am leaving it a little late - I have been working horrendous hours and haven't found the time yet.

Additionally, the make of my car is wrong - it says Mini rather than Fiat. Understandable, as they are both teeny cars - but would this help me at all when challenging this ticket?

Is the ticket even worth challenging?

Any help would be hugely appreciated!

Please find photos below.

PCN:


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Photos from Wandsworth PCN website:

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post Wed, 30 May 2018 - 20:22
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cp8759
post Wed, 30 May 2018 - 20:31
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Link to the location on Google Street View please.


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cescazza
post Wed, 30 May 2018 - 20:43
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Thank you for your speedy response!

Looking at the streetview, it looks like the dropped kerb is a lot wider than I thought :S I probably don't have any grounds to appeal, unless the fact that the make of my car is wrong on the PCN / other cars parked on dropped kerbs in the area don't get ticketed make it more plausible.

https://www.google.co.uk/maps/@51.4704947,-...3312!8i6656
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StuartBu
post Wed, 30 May 2018 - 20:51
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Council Pics don't exactly help to confirm or otherwise their case
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cp8759
post Wed, 30 May 2018 - 20:52
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Forget about the make of the car, it's irrelevant. However, it's only a contravention if the kerb was lowered for one of the statutory purposes outlined in section 86 of the Traffic Management Act 2004, see http://www.legislation.gov.uk/ukpga/2004/18/section/86

the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—
(i)assisting pedestrians crossing the carriageway,
(ii)assisting cyclists entering or leaving the carriageway, or
(iii)assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or


There is no dropped kerb opposite, so it hasn't been lowered to help pedestrians cross the road, and there is no vehicular access. There is also no cycle path or cycle storage facility, so I don't see the cyclist purpose applying either. If the kerb has not been lowered for one of the statutory purposes, it is not a contravention to park adjacent to it. In any event once the issue is raised, it is for the council to show that the kerb has been lowered for one of the statutory purposes.


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cescazza
post Thu, 21 Jun 2018 - 11:49
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PCN cancelled!

Please see attached.
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Thank you so much for your help, this is brilliant news ☺️



Francesca
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PASTMYBEST
post Thu, 21 Jun 2018 - 12:12
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QUOTE (cescazza @ Thu, 21 Jun 2018 - 12:49) *
PCN cancelled!

Please see attached.
Attached Image


Thank you so much for your help, this is brilliant news ☺️



Francesca



Wow big thumbs up to the council, now all they need do is tell their CEO's


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cp8759
post Thu, 21 Jun 2018 - 16:47
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I'm impressed they actually fessed up, rather than going for the "goodwill gesture" excuse.


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