Council PCN Contravention 27 - Have received notice to owner Options

[PBall8715]

Hello to all the forum friends out there,

I received a windscreen council PCN on 14th February 2020 and challenged it. They did not cancel my pcn and i have now received my notice to owner.
I want to challenge this again based on procedural impropriety, which may be the wrong challenge angle.

I have the original pcn from windscreen, decision letter on my challenge from the council, images taken and notice to owner. Before I moved the car after receiving the pcn i also took my own images to show what the traffic warden did not want to show with his images.

I received the PCN for contravention 27. The driveway is a double wide driveway. I have and my other neighbours in the area for the last 20 years have been parking in the space with no issues but recently a few of us who park there have been receiving PCNs.

I not sure what to post here or whether I should post it all and blank out as much person info that could identify my PCN as possible???? I read the read this first sticky post and posting pictures and now I want to make sure i get it right the first time.

I am new here and apologise for any idiocy or simple mindedness in advance.

I want to right an appeal/ new challenge again as I truly believe the PCN should not have been issued/ was issued incorrectly even if the property owner requested it.


Thank you in advance

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[PASTMYBEST]

post all the pages of all the documents redact only personal details

post all of the council and all of your photos Keep them separate

And post a GSV link to the place you parked

[sgtBilko]

Code 27 is issued for parking adjacent to a dropped kerb, it's classed as being in a "Special Enforcement Area". You have a defense that a contravention did not occur as you were parked over your own driveway. If your vehicle extended to your neighbour's driveway as well you will need to get them to confirm that your had permission to park across their driveway as well.

Post all correspondence you've sent and received, just blank out your personal details.

[Steve_999]

. . . . If your vehicle extended to your neighbour's driveway as well you will need to get them to confirm that your had permission to park across their driveway as well.
. . . .

However, if it is a shared driveway, that defence is not available.

[PASTMYBEST]

. . . . If your vehicle extended to your neighbour's driveway as well you will need to get them to confirm that your had permission to park across their driveway as well.
. . . .

However, if it is a shared driveway, that defence is not available.

That would depend on circumstances we need to see the documents and photos

. . . . If your vehicle extended to your neighbour's driveway as well you will need to get them to confirm that your had permission to park across their driveway as well.
. . . .

However, if it is a shared driveway, that defence is not available.

That would depend on circumstances we need to see the documents and photos a shared DK does not create a shared driveway

[PBall8715]

Hello All,

Sorry been having to deal with some things personally.
Thank you for all the replies and responses they are appreciated.

Here are my images and hopefully i have removed enough information and they are the right size (the instructions for image shack have changed because its an updated version)





Please let me know if you can see the images or not

I want to write my challenge to the adjudicator

Thank you


Should i also upload the pictures of my vehicle and how it was parked? I took images before i moved it from the spot. I can also add the images that the parking attendant took?

[hcandersen]

I thought we going to see photos and a GSV.

At present it's impossible to work out what's what just from your account.

A shared driveway is not normally 2 vehicles' width, it just a crossover which services a shared drive e.g. garages at rear, single entry.

Rather than speculate, let's see the photos and FSV.

And you're not writing an appeal to the adj at this stage, you're making representations to the council, again!

This post has been edited by hcandersen: Sun, 10 May 2020 - 14:46

[stamfordman]

Yet another Redbridge code 27.

We must see council pics and a live google street view link.

Put pics on https://imgbb.com and post the BBCode links - it's a better site.

This post has been edited by stamfordman: Sun, 10 May 2020 - 14:59

[PASTMYBEST]

Hello All,

Sorry been having to deal with some things personally.
Thank you for all the replies and responses they are appreciated.

Here are my images and hopefully i have removed enough information and they are the right size (the instructions for image shack have changed because its an updated version)





Please let me know if you can see the images or not

I want to write my challenge to the adjudicator

Thank you


Should i also upload the pictures of my vehicle and how it was parked? I took images before i moved it from the spot. I can also add the images that the parking attendant took?

I can also add the images that the parking attendant took?

Yes they are the evidence. And a GSV is vital. You don't have to hide these things for council tickets

[PBall8715]

I thought we going to see photos and a GSV.

At present it's impossible to work out what's what just from your account.

A shared driveway is not normally 2 vehicles' width, it just a crossover which services a shared drive e.g. garages at rear, single entry.

Rather than speculate, let's see the photos and FSV.

And you're not writing an appeal to the adj at this stage, you're making representations to the council, again!

Apologies, i am trying to learn how to use the forum.

GSV link
https://www.instantstreetview.com/@51.55891...8.23h,-26.5p,1z


The council car pictures -
Note that on all photos (except image 4) that show my registration number the road name is incorrect on image 4 is the correct road name that but my registration number is not shown. Would this be classed as a fatal error?








The pics I took the next day to show the width of the dropped kerb

Yet another Redbridge code 27.

We must see council pics and a live google street view link.

Put pics on https://imgbb.com and post the BBCode links - it's a better site.

Thank you Stamfordman I will try that site going forward

Thank you Pastmybest! I have added them now abd the gsv.
I have some pics i took of my car on the day I realised I had a ticket. I cant upload them just yet as ive reached my max for photos. But will once i have the chance if you think its wise???

[stamfordman]

So what is the location on the PCN. from what I can see the pics and streetview are not Avondale Crescent. You have given a link to Green Lane - here:

https://www.google.com/maps/@51.5589008,0.0...6384!8i8192

Just seen that that the NTO says Green Lane. The pics say Avondale.

This post has been edited by stamfordman: Sun, 10 May 2020 - 16:28

[hcandersen]

OP, have you read the prohibition?


86Prohibition 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

There's a clue........

'must not be parked on the carriageway'.

Have I missed something?

[PBall8715]

So what is the location on the PCN. from what I can see the pics and streetview are not Avondale Crescent. You have given a link to Green Lane - here:

https://www.google.com/maps/@51.5589008,0.0...6384!8i8192

Just seen that that the NTO says Green Lane. The pics say Avondale.

Hi, the location on the PCN is Green Lane (B) IG3. The only council picture that says Green Lane is image 4 and it does not show my registration number nor had the PCN been issued on the windscreen when the picture was taken.

The GSV i sent you is the correction location for where I was parked.

I have no clue where Avondale Crescent is.

[PASTMYBEST]

OP, have you read the prohibition?


86Prohibition 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

There's a clue........

'must not be parked on the carriageway'.

Have I missed something?

No I was waiting for explanation of the disparity between the GSV and NTO/PCN and the photos,

but 2160306498

Mr Hussain appeared before me today for the personal hearing of his appeal. He gave evidence in the same terms as his earlier representations to the Enforcement Authority adding further details to his account.
He does not dispute that his motorcycle was parked in the way shown in the photographs taken by the Civil Enforcement Officer (CEO) who issued this Penalty Charge Notice (PCN), but maintains that he had only parked it in this position because his machine had broken down. He had produced an invoice from a recovery company to support this claim. He accepts that he had had a conversation with the CEO after the PCN had been issued, although he denies saying anything about helping an old lady.
The Authority correctly stated in their response to Mr Hussain’s informal representations that a vehicle is not allowed to park on the footway, even if it is broken down. However I have to allow this appeal, because of the fact that that is not the contravention alleged in the PCN that was actually issued to Mr Hussain’s machine.
The allegation in that PCN was that his motorcycle was parked adjacent to a dropped footway. However the pictures taken by the CEO, and indeed the accompanying sketch, do not show the machine adjacent to the footway, but on it. Had the PCN alleged the contravention of “footway parking”, then Mr Hussain would have had no ground of appeal. However on the evidence produced by the Authority I cannot be satisfied that the contravention actually alleged occurred.
I must therefore allow this appeal.

[PBall8715]

OP, have you read the prohibition?


86Prohibition 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

There's a clue........

'must not be parked on the carriageway'.

Have I missed something?

Hi,

On the PCN issued on the windscreen it says the contravention that occurred was - Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.

Also the ticket was issued on 14.2.20 and i did not move my car and find the ticket until 12 days after it was issued and it was the only ticket i was issued for parking in that place I have parked in regularly (when its available) for the last 2 plus years

[PASTMYBEST]

Show us the PCN and NTO without the location redacted and explain the disparity between the NTO and photos

[PBall8715]

Show us the PCN and NTO without the location redacted and explain the disparity between the NTO and photos

Hi Pastmybest,

Here is PCN with address redacted and NTO without the date redacted




The council CEO took six images of the car.
Images 1, 2, 3, 5 & 6 all state the address the alleged contravention occurred as Avondale Crescent IG4.
2 & 3 are the only pictures showing the PNC on the windscreen. 1 & 5 the PCN has not been issued to the windscreen. 6 is the back of the car.
See the pictures -







Image 4 states the address the alleged contravention occurred as Green Lane (B) IG3. In this image is only a picture of my windscreen before the PCN had been issued on my windscreen.
See the picture -



The car was parked on Green Lane IG1
Not Avondale Crescent IG4 nor Green Lane IG3

I'm sending the GSV again as it appears to have an error
https://www.instantstreetview.com/@51.55891....02h,-12.19p,1z


Thank you

[PASTMYBEST]

No the error seems to be that the pics say Avondale ave but the NTO says greens lane. Where were you parked We need to reconcile the GSV with the photos

[PBall8715]

No the error seems to be that the pics say Avondale ave but the NTO says greens lane. Where were you parked We need to reconcile the GSV with the photos

Ok I think I understand you now.
I was parked on Green Lane IG1. Outside 214.

[PASTMYBEST]

Confirm the photos you have posted are from the council website please