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Contavention code 27, Help or advice on blue badge use and being issued a pcn
SiRyan21
post Mon, 19 Nov 2018 - 11:30
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Hi all. Have recived a pcn for a contavention code 27
Parked adjacent to a dropped footway

But i was using a blue badge at the time just as a force of havit there are no yellow lines visable but because the road is cobbled it helps me get out of the car when i park where i did any advice would be helpful
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post Mon, 19 Nov 2018 - 11:30
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PASTMYBEST
post Mon, 19 Nov 2018 - 12:24
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We need to see the back of the PCN and the council photos


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SiRyan21
post Mon, 19 Nov 2018 - 14:27
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Do i have to request the images grom the local authority?
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SiRyan21
post Mon, 19 Nov 2018 - 14:48
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And im struggling to upload a picture of the back of the ticket keeps telling me the file is too large
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PASTMYBEST
post Mon, 19 Nov 2018 - 16:13
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QUOTE (SiRyan21 @ Mon, 19 Nov 2018 - 14:48) *
And im struggling to upload a picture of the back of the ticket keeps telling me the file is too large


use an external hosting site such as imgur


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SiRyan21
post Mon, 19 Nov 2018 - 17:11
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http://imgur.com/a/76n7RvJ
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Mad Mick V
post Tue, 20 Nov 2018 - 10:18
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https://www.google.co.uk/maps/place/Hill+St...33;4d-2.4400578

Interesting that the OP parked in a Pedestrian Zone too. Didn't think you could do that with a BB.

Only two dropped kerbs in the street.

Mick
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cp8759
post Tue, 20 Nov 2018 - 17:21
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The PCN still doesn't comply with regulation 3(2)(b) of the appeals regulations, which is a procedural impropriety. However we need to see the council pictures.


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SiRyan21
post Thu, 22 Nov 2018 - 15:38
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http://imgur.com/BoOHZ9y
http://imgur.com/CI0WgLc
http://imgur.com/6y3Lf9o
http://imgur.com/Mq7y2Ys
http://imgur.com/x1vFGoA
http://imgur.com/29Z9LZj
http://imgur.com/0XlRdHD
http://imgur.com/fSunoi9
http://imgur.com/udwluo7

sorry for the delay obtaining and uploading photos cheshire east were not the most helpful of authorities to deal with
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PASTMYBEST
post Thu, 22 Nov 2018 - 15:47
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parking adjacent to a DK is not of its self a contravention. Parking infront of a DK that is in place for one of the statutory reasons laid down in s86 of TMA 2004 is.


86
Prohibition of parking at dropped footways etc.

(1) In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—

(a) 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

(b) the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.


The DK in this case is not for any of these purposes, thus no contravention occurs


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SiRyan21
post Thu, 22 Nov 2018 - 17:27
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so in light of your response which seems simple in itself just write out a quick appeal stating the about and send it in to the council
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hcandersen
post Thu, 22 Nov 2018 - 22:26
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You cannot just write 'it's not a DK'.

I acknowledge that I was parked adjacent to where the footway is lowered to meet the carriageway - don't fudge it, it's obvious even to the visually impaired equestrian on a galloping horse.

However, in order to sustain the alleged contravention the authority must show that the location is a 'dropped footway' - section 86 of the TMA refers (reproduced at the end of this challenge). Given that the footway appears to give pedestrian access to a building, this rules out sections 86(1)(a)(ii) and (iii), therefore the only remaining purpose must be 86(1)(a)(i), 'assisting pedestrians crossing the carriageway'.

Adjudicators have consistently held that the test to be applied here is whether there is a corresponding lowered footway opposite the one in question without which pedestrians cannot be assisted crossing the carriageway, merely to access it.

GSV shows that there is no lowered footway directly opposite the location nor in the vicinity. It therefore follows that the location is not a drooped footway for the purposes of the Act and the PCN must be cancelled.

If the authority do not cancel, then they must produce evidence that the lowered footway is more than just a stand-alone lowered kerb and meets the stringent criteria of the Act. Merely stating that it is a dropped footway would, without supporting evidence and in the face of this detailed challenge, be unacceptable.

...is slightly more expansive!
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cp8759
post Fri, 23 Nov 2018 - 09:26
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I would spell out Google Street View, GSV isn't an obvious acronym.


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SiRyan21
post Fri, 23 Nov 2018 - 23:17
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There is no dropped crib opposite the one in question only at each end of the street which has a lowered crib both sides from knowledge the one in question was used when the market used to take place and the market staff used it for moving stalls and rubbish carts in and out but that was years ago
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cp8759
post Sat, 24 Nov 2018 - 16:32
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It's kerb, a crib is one of these: https://www.google.co.uk/search?q=crib&...20&bih=1000

Send what hcandersen put in post 12


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