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Contravention Code 27 for stopping/waiting on a dropped kerb
Majorkey
post Mon, 8 Oct 2018 - 20:04
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[attachment=58589:image.jpeg]

Good evening,

First of all thanks in advance for reading my post and any advice is highly appreciated.
So I got the below PCN for parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway. However my vehicle was not "parked" in a bay as its on the road but obviously I was in the vehicle at the time of the contravention. I quickly went up to my flat to pick up something that I forgot. To be honest I was just going to pay this fine but a friend suggested this forum.
There are no parking restrictions in the area anyone can park and there are no signs and markings on the road. Looking at the pictures it's clear I'm blocking the kerb. However the kerb is not lowered on the opposite side. Also is there an observation period for this contravention as on my PCN it says from 08:20 to 08:20
See attached images

Again many thanks




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post Mon, 8 Oct 2018 - 20:04
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stamfordman
post Mon, 8 Oct 2018 - 20:20
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Looks like bin/equipment access ramp to me so not an enforceable DK.

https://www.google.com/maps/@51.541882,-0.2...6384!8i8192



This post has been edited by stamfordman: Mon, 8 Oct 2018 - 20:27
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PASTMYBEST
post Mon, 8 Oct 2018 - 20:20
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Here I think

https://www.google.co.uk/maps/@51.5418714,-...6384!8i8192


It does not seem to me that he DK is for one of the statutory reasons


2150447278

The Penalty Charge Notice was issued when the appellant’s car was parked adjacent to a dropped kerb outside Mr Schafer’s home in Chatsworth Way. The local authority states that the dropped kerb is outside a house in multi-occupation and that the purpose of the dropped kerb is to allow access to
bins.
Section 86 of the Traffic Management Act 2004 defines the contravention of parking adjacent to a dropped footway.
It states that in a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of assisting pedestrians to cross the carriageway, and cyclists or motorists to enter of leave the carriageway
The restriction does not need to be signed or marked. The restriction is enforceable at all times.
Mr Schafer states that he has parked at this location outside his home for several years. His neighbours have also parked at the location. Mr Schafer had his left foot amputated when he was a very young child. He states that at the time that he parked his car he was in considerable pain and could not park further from his home.
The contravention occurs if a vehicle is parked adjacent to a kerb that has been lowered to assist pedestrians to cross the carriageway and cyclists or motorists to enter of leave the carriageway. The local authority does not state that the dropped herb was for any of these purposes. It states that it was to allow access to bins.
I allow this appeal as I find that the appellant’s car was not parked adjacent to a dropped kerb as defined in section 86 of the Traffic Management Act 2004.



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Majorkey
post Mon, 8 Oct 2018 - 20:39
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Yeah that's a bin storage room which all makes sense for the dropped kerb.
Thanks for the advice guys
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hcandersen
post Tue, 9 Oct 2018 - 10:22
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Challenge:

I accept that I was parked adjacent to a dropped kerb. However, this is not a dropped 'footway' as defined, s86(1) of the TMA refers, and therefore no contravention occurred. The lowered kerb is there solely to facilitate the movement of wheeled refuse containers from their chute area(behind the louvred doors which can be seen in your photos) to the carriageway. While the council are to be congratulated in making the lowered kerb an integral feature of this development, I'm afraid this does not allow them to be treated as dropped footways and therefore issue PCNs.

I would ask that if you do not cancel the PCN your reply does not belabour any matters to do with wheelchairs or pedestrians or cycles or cars crossing the footway as these do not apply unless you can establish, as opposed to merely state, that this is a 'dropped footway' as defined. You would therefore need to demonstrate as a minimum that:

As regards facilitating pedestrians to cross the road, there is a corresponding lowered kerb opposite;
As regards cyclists, there is a cycle path on the footway or carriageway at the location, and
As regards vehicles crossing the footway, there are adjacent properties with corresponding garage facilities.

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stamfordman
post Tue, 9 Oct 2018 - 10:25
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QUOTE (hcandersen @ Tue, 9 Oct 2018 - 11:22) *
While the council are to be congratulated in making the lowered kerb an integral feature of this development, I'm afraid this does not allow them to be treated as dropped footways and therefore issue PCNs.



LOL. A pat on the back and then a smack to the mouth.
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Majorkey
post Wed, 17 Oct 2018 - 19:46
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So I got my notice of rejection through email today which I have attached below. They have ignored all the valid points I made in my appeal. Usually when I ever I receive notice of rejection I usually take up the discount offer and pay the PCN I have never taken it further so please advise accordingly what the next steps. Also what’s the best way to upload
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stamfordman
post Wed, 17 Oct 2018 - 20:02
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Use https://imgbb.com and post the BBcode embed links.

Without seeing it I would be inclined to continue given what we think we know.
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Majorkey
post Wed, 17 Oct 2018 - 20:04
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hcandersen
post Wed, 17 Oct 2018 - 20:44
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Whose photo shows the dropped kerb facilitating the movement of a wheeled refuse container to the REL RCV - another acronym for the lexicon: rear-end loading refuse collection vehicle!
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stamfordman
post Wed, 17 Oct 2018 - 20:57
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QUOTE (hcandersen @ Wed, 17 Oct 2018 - 21:44) *
Whose photo shows the dropped kerb facilitating the movement of a wheeled refuse container to the REL RCV - another acronym for the lexicon: rear-end loading refuse collection vehicle!


OP from his flat, presumably. It's a wheelie good shot.
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PASTMYBEST
post Wed, 17 Oct 2018 - 22:04
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wait for the NTO they are they have to prove the DK is for one of the reasons the regs require and they know it doesn't


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cp8759
post Fri, 19 Oct 2018 - 15:44
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QUOTE (PASTMYBEST @ Wed, 17 Oct 2018 - 23:04) *
wait for the NTO they are they have to prove the DK is for one of the reasons the regs require and they know it doesn't

+1, we've had adjudications where the tribunal has specifically ruled that a kerb dropped for bin collections is not enforceable as a section 86 kerb. The picture speaks for itself.


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Majorkey
post Mon, 19 Nov 2018 - 20:15
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I’ve received my NTO attached below and please kindly advice How I move forward with this PCN. Much appreciated
https://ibb.co/fW6jzf
https://ibb.co/iEuF5L
https://ibb.co/f2YmC0
https://ibb.co/iGD8QL
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Incandescent
post Mon, 19 Nov 2018 - 21:21
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Well, the discount has gone, so no point in coughing-up now until an adjudicator tells you to. Your reps to the NtO will be essentially that the dropped kerb is not provided for the statutory reasons as outlined in "the Act", (others here can quote the exact clause). When/if they reject, you register an appeal at London Tribunals. The plain fact is the law is against them on this. Having said that, a policeman could issue a Fixed Penalty Notice for obstruction if the bin men complain, and your car is once again there.
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cp8759
post Tue, 20 Nov 2018 - 15:25
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Include your pictures of the bin men you included in your post above and send this in response to the NtO:

----------------
Dear Sir or Madam,

I draw your attention to section 86 of the Traffic Management Act 2004, which makes it a contravention to park adjecent to a kerb that has been lowered for one of the following purposes:

"(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
"

As demonstrated by the enclosed pictures, the kerb in question has been lowered for the purpose of allowing the refuse collectors to wheel the bins from the bin store to the refuse collection lorry. Facilitating access to a bin store is not one of the statutory purposes provided for in the Act, it is therefore not a contravention to park adjacent to suck a lowered kerb.

I would also point out that there is no corresponding dropped kerb on the opposite side of the road, so this kerb cannot be designed to aid pedestrians in crossing the road, nor is there a cycle track or any form of vehicular access in the vicinity of this dropped kerb.

In light of the above, I am sure you will agree the PCN has been issued in error and I ask that suitable words of advice be given to the CEO involved. Of course you will understand that, absent prima facie evidence of a contravention, it would be wholly unreasonable for you to pursue enforcement any further.

Kind regards


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Majorkey
post Tue, 20 Nov 2018 - 21:48
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Thanks for the letter. I will send it along with the many pictures of the bin men I have been taking weekly. At least now I know the bin collection day. I will update you of the outcome
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Majorkey
post Mon, 14 Jan 2019 - 20:27
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https://ibb.co/hZpQJvf

So I’ve got this in the post last week. I have been on holiday so it was great to come back to this
Thank you so much for the support and advice much appreciated!!
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stamfordman
post Mon, 14 Jan 2019 - 21:00
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Well they can't even concede gracefully - 'satisfied the contravention occurred' my ****.

But the right result.
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cp8759
post Mon, 14 Jan 2019 - 23:24
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QUOTE (stamfordman @ Mon, 14 Jan 2019 - 21:00) *
Well they can't even concede gracefully - 'satisfied the contravention occurred' my ****.

But the right result.

Well if the OP were so minded he could make a complaint on the basis that the cancellation was for the wrong reason.


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