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Contravening code 27 - however in front of a public road, Hillingdon Council PCN
ldxyg1
post Thu, 29 Feb 2024 - 19:50
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Hey guys, foolishly to forgot to upload both sides of the PCN and all the council images so have done so on this new post with all the relevant info on my Flickr account which shows both the pics the council took and I took.


Yesterday for some reason I received a PCN for contravening section 27 of the highway code, which is parking in a "special enforcement area adjacent to a verge lowered to meet the level of the carriageway". As you can see from these pictures I uploaded on Flickr, I was not even parked in front of anyone's dropped kerb and my car was within the public section of the road. The accusation is that I parked in front of the dropped kerb of the house behind me which is not true as my car was not blocking their driveway or parked in front of their driveway. In the images you can see that I am blocking a truck in front of the house. However, that car decided to park in front of the public section of the road instead of in front of their kerb which is their fault and I dont believe I am committing a contravention unless I have blocked their ramp which I did not. I reported that truck today for blocking the pavement and parking inappropriately and they apparently recieved a fine too.

Also, according to Hillingdon council, a contravention has only occurred if the car blocks any point where the footway meets the road. However, my car has not done so; https://www.hillingdon.gov.uk/article/4972/...f-dropped-kerbs

The address this has happened at is 131 Tudor Road, UB3 2QF.

I have already submitted my appeal but could have worded it differently as I did mine in a rush, so could resubmit it. Was wondering what your guys opinion on this is and how best to word the appeal? Also what are my chances at an appeal?

This post has been edited by ldxyg1: Thu, 29 Feb 2024 - 20:04
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post Thu, 29 Feb 2024 - 19:50
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Incandescent
post Thu, 29 Feb 2024 - 20:07
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Your car is intruding into the "splay" for the driveway entrance, looking at the photo from the side of your car. Probably the resident complained. I have to say the whole kerb along this street seems dropped, so in my view you will struggle to overrturn the PCN. Post up the full PCN, all sides, so we can check its content for fatal errors.
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ldxyg1
post Thu, 29 Feb 2024 - 20:20
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thanks for the reply Incandescent.

Just to point out, the whole street is not dropped as it is only the yellow section of the road that constitutes a dropped kerb for resident parking. The grey part of the road is suitable for public to park in front of. From the side view it looks like I am intruding the splay. However if you look at the images from the other side I was not parked in front of their kerb. According to that link to Hillingdon Council website I posted, the contravention occurs when "If any part of the vehicle is physically over the point where the footway meets the road' and it shows an image of this with blue lines. However, my car did not meet this point. It looks flattened however that is from usage, it was not built like that.

Unfortunately I have posted all sides of the PCN as it was a ticket on my window.

Thanks again for the help, really keen to hear your perspectives.
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Incandescent
post Thu, 29 Feb 2024 - 22:54
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You have the absolute right in law to take the matter all the way to London Tribunals if representations to the council are rejected. So are you going to take them this far ? Of course, if you do, the full PCN penalty will be in play. For me, whilst your car is only covering the "splay" by a small amount, it is covering it, so the council can refuse your reps. If you take them to adjudication, will an adjudicator accept a de minimis intrusion ?
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ldxyg1
post Fri, 1 Mar 2024 - 09:54
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I have written an appeal so fingers cross they accept it. The images show that I have parked on the boundary of the kerb and it does not cover it. My wheels fall short of coming in front of it. And according to their own website, the contravention occurs when the middle part of the kerb that drops down and touches the road is blocked, which I have not done. I hope this constitutes a defence but lets see what they say.
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mickR
post Fri, 1 Mar 2024 - 12:07
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not sure why members are considering the "splay" if you're referring to the angled new concrete DC then I'd pointnout that the lowered part is not the width of the "splay"
when looking at GSV it's clear that the kerb in general is in very poor condition and is not raised from the carriageway by very much. what can be seen is that the sloping kerb stones at either side of the DC (therefore onto within the contravention) are sloping! so I don't believe the op was parked against the part "lowered to meet the carriageway "
which is the contravention alleged.
that said, I personally would not have parked there if I wasn't a resident of either house.

98 Tudor Rd
https://maps.app.goo.gl/yr8PNEE7BuaA2fPm6
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ldxyg1
post Fri, 1 Mar 2024 - 17:44
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yes thanks MickR, that is my defense, as it says parking at the point where the DC is "lowered to meet the carriageway" is the offense which I did not do. I have also added that the resident of the car parked his car incorrectly and therefore it is not my fault that he is blocked, he chose to park in front of a public section of the road. He in fact is blocking the pavement which I reported to the council and he got a ticket too for two days consecutively! Fingers crossed my appeal works but unfortunately means I can't park there anymore despite having done so for the past two years.
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hcandersen
post Fri, 1 Mar 2024 - 19:33
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I have also added that the resident of the car parked his car incorrectly and therefore it is not my fault that he is blocked, he chose to park in front of a public section of the road.

??

This is about you, not them.

Let's wait for the council's response.
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mickR
post Fri, 1 Mar 2024 - 19:46
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QUOTE (hcandersen @ Fri, 1 Mar 2024 - 19:33) *
I have also added that the resident of the car parked his car incorrectly and therefore it is not my fault that he is blocked, he chose to park in front of a public section of the road.

??

This is about you, not them.


exactly, the property owner can do as he likes, nothing to do with where he parks.

This post has been edited by mickR: Fri, 1 Mar 2024 - 19:46
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ldxyg1
post Sat, 2 Mar 2024 - 00:35
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Well I didn't use it as my defence as I didn't have any further space but he got two fines after calling the council and he will be paying 110£ minimum which he can't dispute. So to be honest I'm satisfied now

This post has been edited by ldxyg1: Sat, 2 Mar 2024 - 00:42
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mickR
post Sat, 2 Mar 2024 - 01:34
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fines for what?
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