PCN: Dropped kerbway - Parking Contravention Code: 27, PCN: Dropped kerbway - Parking Contravention Code: 27 Options

[ilford]

Hi All,
I need your help regarding the parking ticket I got on 10 of July.
Please have a look at the pictures and let me know is it worth challenging?
If it is worth challenging then what should I say?
I did some search on the Google, and it suggested that a PCN has issued adjacent to the dropped curb of a single residential building, where the dropped footway permits access to residential premises. The code 27 is only enforced in response to complaints. That means someone complained about my parking and they gave me a ticket.


I have found a topic on this forum. Please click this to see the earlier post..

Just wondering shall I just follow it or is there any updates.

Thanks in advance.

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[Redivi]

This needs moving to the council forum

Use the Report button to alert the Mods

In my view you can appeal on the grounds "Contravention did not occur"
The sloping part of the kerb is not the "dropped" area

The most likely explanation is that the house-holder complained and, instead of explaining that you had done nothing wrong, the CEO issued the penalty notice to shut him/her up

[PASTMYBEST]

If they are the council photos the CEO should be sacked. (ad I have never said that before) No way is that a contravention

[ilford]

This needs moving to the council forum

Use the Report button to alert the Mods

In my view you can appeal on the grounds "Contravention did not occur"
The sloping part of the kerb is not the "dropped" area

The most likely explanation is that the house-holder complained and, instead of explaining that you had done nothing wrong, the CEO issued the penalty notice to shut him/her up

Thanks for your suggestion.

If they are the council photos the CEO should be sacked. (ad I have never said that before) No way is that a contravention

LOL... I will suggest that in my reply. Thanks a lot for supporting me.

[DancingDad]

Wee, dunno what the CEO was on but I want some.
Sloping part of a DK is not within the restricted area.
And though not hard and fast, many adjudicators want to see the wheel on the restriction, not just the bumper.
So even if the slope was part, minimal anyway and likely to fall into too trivial to bother with (de minimis)

[ilford]

Wee, dunno what the CEO was on but I want some.
Sloping part of a DK is not within the restricted area.
And though not hard and fast, many adjudicators want to see the wheel on the restriction, not just the bumper.
So even if the slope was part, minimal anyway and likely to fall into too trivial to bother with (de minimis)

Thanks for your support. I am applying against the PCN tomorrow.

[nosferatu1001]

Hit REPORT

You MUST getthis into the council forum.

[The Rookie]

Wee, dunno what the CEO was on but I want some.
Sloping part of a DK is not within the restricted area.
And though not hard and fast, many adjudicators want to see the wheel on the restriction, not just the bumper.
So even if the slope was part, minimal anyway and likely to fall into too trivial to bother with (de minimis)

Thanks for your support. I am applying against the PCN tomorrow.

Hopefully that is appealing? Wait for advice from the right forum (I've asked a Mod to move it for you).

This post has been edited by The Rookie: Mon, 16 Jul 2018 - 10:57

[ilford]

Wee, dunno what the CEO was on but I want some.
Sloping part of a DK is not within the restricted area.
And though not hard and fast, many adjudicators want to see the wheel on the restriction, not just the bumper.
So even if the slope was part, minimal anyway and likely to fall into too trivial to bother with (de minimis)

Thanks for your support. I am applying against the PCN tomorrow.

Hopefully that is appealing? Wait for advice from the right forum (I've asked a Mod to move it for you).

Sorry, Guys I probably become blind, I could not find the Report button anywhere.

[cp8759]

Post a draft of your representations here before sending them to the council.

[stamfordman]

Might be the rear of the car that was the call out but CEO has gone for the front.

[ilford]

Just wondering can anyone tell me whats should I choose from the following menu when challenging the PCN:



This is what I intend to send, (I copied and changed very little bit from another post):

I would like to take this opportunity and make an appeal against a PCN issued to me on 10/07/2018 in Kinfauns Road IG3. The PCN number is XXXXXXX and the vehicle registration number is XXXXXXX

As I understand the "dropped curb" contravention occurs when any part of a vehicle is adjacent to the fully lowered section of the curb. The sloping portion does not count. As you can see from the pictures, it is clear that my car is not blocking the lowered section of the curb. Moreover, the front wheel of my car was further inside than where the slope started.

Secondly, my inquiries lead me to understand that parking adjacent to a dropped footway is only unlawful if it occurs within a Special Enforcement Area (SEA). Before parking my vehicle, I observed no sign or notice conveying that I was within an SEA. On the evidence available I dispute that I was parked in an SEA and therefore I must ask the council to provide the evidence to prove that I was.

Under general principles of law, the council must act reasonably. Not all areas are SEA’s; therefore fairness requires a council to inform motorists about the presence and extent of any SEA so that they can avoid parking in contravention. I understand from the inquiry that the prohibition of parking adjacent to a dropped footway does not require traffic signs, but this does not diminish a council’s duty to act reasonably. Guidance issued by the DfT advises that the prohibition is regularly and effectively communicated to the public. The statutory guidance recommends that authority should consider the full range of media available to them when interacting with the public. In the absence of traffic signs, it seems that fairness is wholly reliant upon the extent to which the council communicates with the public.

I contend that the council has not regularly and effectively communicated the extent of the SEA to enable motorists to understand that parking adjacent to a dropped footway in certain roads is a parking contravention liable to a penalty charge.

Considering all the above reasons, I would request the council to cancel the PCN, please.

Thanks in advance

[stamfordman]

kerb, not curb. you tick contravention did not occur.

You can lose nearly all of the challenge - there is no requirement to sign dropped kerbs - they are self-evident.

Just say:

I understand the "dropped kerb" contravention occurs when a vehicle is adjacent to the fully lowered section of the kerb, but the sloping portion of the kerb does not count. As you can see from your pictures, it is clear that my car is not on the fully lowered section of the kerb.

I would kindly ask you to therefore cancel the PCN as the contravention did not occur.

[ilford]

kerb, not curb. you tick contravention did not occur.

You can lose nearly all of the challenge - there is no requirement to sign dropped kerbs - they are self-evident.

Just say:

I understand the "dropped kerb" contravention occurs when a vehicle is adjacent to the fully lowered section of the kerb, but the sloping portion of the kerb does not count. As you can see from your pictures, it is clear that my car is not on the fully lowered section of the kerb.

I would kindly ask you to therefore cancel the PCN as the contravention did not occur.

Thanks a lot.

[PASTMYBEST]

kerb, not curb. you tick contravention did not occur.

You can lose nearly all of the challenge - there is no requirement to sign dropped kerbs - they are self-evident.

Just say:

I understand the "dropped kerb" contravention occurs when a vehicle is adjacent to the fully lowered section of the kerb, but the sloping portion of the kerb does not count. As you can see from your pictures, it is clear that my car is not on the fully lowered section of the kerb.

I would kindly ask you to therefore cancel the PCN as the contravention did not occur.

+1

[ilford]

Hi All,

Seems like the council has rejected the challenge, I have not received any email or confirmation yet, but checked on the web portal and seems like challenge rejected.



What do you think would be my next step:


Thanks in advance.

[stamfordman]

Now you wait for a notice to owner but you should get a challenge rejection first.

Is the car registered to you at your address and and are details on V5C reg doc correct.

[ilford]

Now you wait for a notice to owner but you should get a challenge rejection first.

Is the car registered to you at your address and and are details on V5C reg doc correct.

Yes, the details on the V5C reg is correct.

[Redivi]

Redbridge is another venal council that automatically rejects all informal appeals because most appellants will pay up

They clearly haven't had the slightest regard to your appeal that made very clear what the issue was

No need to pull any punches with the formal appeal :

CEO and assessor need training

[ilford]

Redbridge is another venal council that automatically rejects all informal appeals because most appellants will pay up

They clearly haven't had the slightest regard to your appeal that made very clear what the issue was

No need to pull any punches with the formal appeal :

CEO and assessor need training

I agree with you. Wondering shall I pay or take it to the tribunal? I know it would be my decision but asking everyone's opinions, what would be the pro and con.