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parked under a sign outside loading times but got ticket for blocking footway
kiloecho
post Wed, 14 Feb 2018 - 20:51
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We have received a penalty charge notice in the post.
The reason for the ticket is because “the vehicle was parked adjacent to a pedestrian dropped kerb thus causing an obstruction to the pedestrian wishing to gain access to and from the footway.” The officer also said they were prevented from issuing a ticket.

There was a sign that said no parking 8am-6.30pm (in yellow) it also has a red circle with a blue inner and a red stripe though it and under that it said No loading Monday-sat 8am-6.30pm (white). We parked after 6.30pm on a week day outside a restaurant and we were picking something up. We came out and saw the officer about to start writing a ticket, we explained we were picking something up from the restaurant, and picking two people up having problems walking. He got aggressive and then walked off.

They have sent photos of the car blocking a drop kerb but didn’t take photos of the sign.

We appealed with our photos stating the above and this was rejected. We want to appeal to the Adjudicator as there was a sign.
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post Wed, 14 Feb 2018 - 20:51
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kiloecho
post Sat, 17 Feb 2018 - 10:56
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I don't have the original PCN with me where I am but I want to put in an appeal this weekend. Is there anything I can say in the appeal?
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stamfordman
post Sat, 17 Feb 2018 - 11:17
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Here's a previous case - seems that the OP paid but the appeal was heard and won?!

http://forums.pepipoo.com/index.php?showto...t=#entry1023535

This post has been edited by stamfordman: Sat, 17 Feb 2018 - 11:17
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John U.K.
post Sat, 17 Feb 2018 - 11:28
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QUOTE (stamfordman @ Sat, 17 Feb 2018 - 11:17) *
Here's a previous case - seems that the OP paid but the appeal was heard and won?!

http://forums.pepipoo.com/index.php?showto...t=#entry1023535


Don't think so: I suspect post #24 there was quoting from an unattributed previous decision sad.gif

Wiothout attribution, it will be very difficult to track down that decision to help OP on this thread.
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DancingDad
post Sat, 17 Feb 2018 - 11:29
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QUOTE (stamfordman @ Sat, 17 Feb 2018 - 11:17) *
Here's a previous case - seems that the OP paid but the appeal was heard and won?!

http://forums.pepipoo.com/index.php?showto...t=#entry1023535


That was one I was thinking on.
The second to last post by I Need Help may or may not refer to the same place, certainly not same PCN.
May be worth a hunt through LT lists for road ?
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PASTMYBEST
post Sat, 17 Feb 2018 - 12:08
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QUOTE (kiloecho @ Sat, 17 Feb 2018 - 10:56) *
I don't have the original PCN with me where I am but I want to put in an appeal this weekend. Is there anything I can say in the appeal?


we need dates
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stamfordman
post Sat, 17 Feb 2018 - 13:17
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I've had a quick look - although we don't know what DK these were I reckon the key is to focus on whether the DK is lawfully in place.

AF63130068
Contravention date 08 Jun 2014
Contravention time 21:05:00
Contravention location Cranbrook Road
Penalty amount GBP 110.00
Contravention Parked adjacent to a dropped footway
Decision date 03 Nov 2014
Adjudicator Michael Lawrence
Appeal decision Appeal refused
Direction None
Reasons The Appellant attended this hearing. The Appellant does not deny that he parked next to a dropped footway, but says that there was a single yellow line there and a sign indicating that there was no waiting and loading at certain times . As it was outside those times and the time plate was so near to the dropped footway he thought it meant he could park there, otherwise why was the sign there and not further down the road? The contravention of being parked next to a dropped footway is a separate one to a yellow line restriction and is created by statute (see Traffic Management Act 2004 Section 86 ) and not a local Traffic Management Order required for a yellow line restriction. There is no requirement that the contravention be marked or signed and it applies at all times (24/7). A time plate for a single yellow line or the yellow line itself has no relevance to this contravention and the Appellant should have ignored both in deciding whether he could park there. There is no provision for a sign permitting parking next to a dropped footway ( unlike on a pavement). I do not accept that the sign and the yellow line were misleading.

AF50116552
Contravention date 27 Jan 2014
Contravention time 20:29:00
Contravention location Cranbrook Road
Penalty amount GBP 110.00
Contravention Parked adjacent to a dropped footway
Decision date 28 Jul 2014
Adjudicator Michael Burke
Appeal decision Appeal refused
Direction None
Reasons The allegation in this case is that the vehicle was parked adjacent to a dropped footway. Mr. Kaushal does not in fact dispute this but he asserts that the Enforcement Authority are not entitled to enforce as the footway had not been dropped to assist pedestrians or cyclists and the Enforcement Authority may only enforce a dropped footway affording vehicular access to adjacent premises if asked to do so by the occupier. In fact it may be that he relies on obsolete legislation. There is no such legal requirement in enforcement under Traffic Management Act 2004, although in this case the Enforcement Authority have provided evidence of a request for action by the occupier of adjacent premises. The contravention occurs if a vehicle is parked directly adjacent to where a footway has been dropped to meet the level of the carriageway to assist pedestrians to cross the carriageway, to assist cyclists entering or leaving the carriageway, or to assist vehicles entering or leaving the carriageway across the footway. As this contravention applies across London there is no need to erect a sign at any particular location. The prohibition exists entirely independently of any adjacent restriction such as indicated by a single yellow line or double yellow line. Mr. Kaushal says that his vehicle was not causing an obstruction to access or egress but the contravention occurs if any part of the vehicle is adjacent to the dropped footway. Having considered all the evidence, I am satisfied that the contravention occurred and that the PCN was properly issued and served. I am not satisfied that any exemption applies.

AF5358849A
Contravention date 06 May 2013
Contravention time 21:09:00
Contravention location Cranbrook Road
Penalty amount GBP 110.00
Contravention Parked adjacent to a dropped footway
Decision date 17 Oct 2013
Adjudicator John Lane
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons I find the local authority's evidence with regard to the dropped footway vague and uncertain. A dropped footway means any part of the footway or verge where it has been lowered to meet the level of the carriageway of a road to assist pedestrians or vehicles to enter or leave the road across the footway. The evidence simply does not establish that. I will allow the appeal.
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kiloecho
post Sun, 18 Feb 2018 - 21:43
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dates

Contravention occurred on 24.11.2017
appeal lodge on 15.11.2017
rejection of appeal 22.01.2018

I am confused, it seems like previous appeals lost and the one person who won, we don't know why, am I correct? I will focus if the DK is lawfully in place right?
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PASTMYBEST
post Sun, 18 Feb 2018 - 21:52
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read the cases i posted earlier
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kiloecho
post Sun, 18 Feb 2018 - 23:03
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Thanks
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