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CODE 27 PCN LB OF HAVERING, PCN for a code 27 offence parking adjcanent to a dropped footway
picantoblue
post Mon, 22 Jul 2019 - 17:34
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Hello all,

So yesterday (21.07.19) I received a PCN from Havering Council for "parking in a special enforcement area adjacent to a dropped footway". As you'll see from the pictures I think this is a laughable claim. The owner of the property and the drive which I parked next to was as confused as I was as to why I received such a PCN. I am definitely going to appeal this PCN. I have made a list of a few points which I will include in my appeal but if anyone here has any comments and/or suggestions I would greatly appreciate it!

My drafted points which I am planning on including are:
1 - section 86(1)(a)(ii) TMA 2004 makes it clear that for a contravention to have taken place the vehicle must be parked with one or more wheels adjacent to the dropped footway/kerb - no part of any wheel of my vehicle satisfies this requirement
2 - this point has been confirmed by an adjudicator in case: 2160311942: dropped kerb is the part of the kerb which meets the level of the carriageway and does not include the sloping kerbs on either side
3 - misapplication of the law as well as de minimus principle should the council not be satisfied with the law

Attached are my own pictures, CEO pictures and the PCN

Thank you in advance!





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post Mon, 22 Jul 2019 - 17:34
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PASTMYBEST
post Mon, 12 Aug 2019 - 17:10
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QUOTE (picantoblue @ Mon, 12 Aug 2019 - 17:32) *
Thank you all.

I am a bit nervous waiting for the NtO as the full £110 is a bit much but I genuinely don’t think a contravention happened so think this will be a risk I am willing to take.

Will keep this thread updated.


save the cost of a cup of coffee a week and if you follow our advice even if an adjudicator finds against you, you will have saved the difference. But I would be shocked if you lost, so you would have saved up for a nice treat


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All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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picantoblue
post Tue, 17 Sep 2019 - 20:15
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UPDATE -

Received the Notice to Owner 06 September

Any advice as to how to respond to it will be much appreciated!
Just saw that previous pictures are no longer available so will try to repost as many as possible...

https://ibb.co/qYKjFcP

https://ibb.co/SwxHKJc

https://ibb.co/YjqH1kV

https://ibb.co/VJJ3hd4

https://ibb.co/QcCvBDg

Previous images (re uploaded)

Pictures taken by CEO:
https://ibb.co/SwS0MDm
https://ibb.co/pyTwSHP
https://ibb.co/LQd5Myq
https://ibb.co/DktqYVj

Pictures taken by me:
https://ibb.co/WvVkb8v
https://ibb.co/khTygp9
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cp8759
post Wed, 18 Sep 2019 - 00:06
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Well I suggest you draft a representation, at the end of the day you just weren't in contravention at all so there's no need for any technical legalese. Post a draft on here for review before sending it off.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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picantoblue
post Sun, 22 Sep 2019 - 20:51
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Hello - below is my draft of my formal appeal - any thoughts would be greatly appreciated!


Dear Sirs,

Please find outlined below the formal representation in relation to ‘PCN: XXXXXXXX’ served upon vehicle XXXXXXX in Chippenham Road on 21 July 2019:

In accordance with the Traffic Management Act 2004 the formal appeal is based on two statutory grounds for making representations:

1. The contravention did not occur. It is evident from both the attached images as well as the images taken by Civil Enforcement Officer HGXXX that neither the back nor the front bumpers of the vehicle were blocking the dropped footway or blocking the slope of the footway.

In letter dated 08 August 2019 the Council makes reference to the fact that the dropped footway is “applied to stop vehicles blocking dropped footways and prevent them from being used in their intended purpose”. The vehicle was parked parallel to the raised side of the road thus not blocking the dropped footway and preventing it from being used for its intended purpose. Therefore, for the purposes of clarity it is emphasised that no part of the vehicle, including the wheels was blocking the dropped footway.

2. If on considering the above the Council continues to wish to pursue the Penalty Charge Notice then the second ground of appeal of “procedural impropriety” is raised.

The Council’s attention is drawn to the London Tribunal decision in Right Contract Services LTD v London Borough of Hillingdon (case reference: 2160311942) in which the Adjudicator confirmed the correct interpretation of Section 86(1) of the Traffic Management Act 2004 and defined the term ‘dropped’ as “the part of the kerb which meets the level of the carriageway and does not include the sloping kerbs on either side”. Upon looking at the provided images of the vehicle it is explicitly clear that the car was not blocking the ‘dropped’ footway.

As further outlined in the Civil Enforcement Handbook Volume 2 prepared by the London Councils a ‘Code 27’ contravention occurs “when a vehicle waits on the carriageway, adjacent to the footway where the footway, cycle track or verge has been lowered to meet the level of the carriageway”.

It is evident that Civil Enforcement Officer HGXXX has misdirected themselves on the application of the law therefore, procedural impropriety on the part of the Enforcement Authority has arisen.

In light of the above, I look forward to the Notice of Acceptance from the Council and the cancellation of the above PCN as it would be wholly unreasonable for the Council to do otherwise.

Yours faithfully
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cp8759
post Mon, 23 Sep 2019 - 11:53
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I wouldn't add anything to that, send it off and let's see if they back down.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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picantoblue
post Mon, 11 Nov 2019 - 21:20
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*** UPDATE ***

I received a 'Notice of Acceptance of Representations' !!
Happy days!
Thanks to everyone for the help!
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