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PCN 27
Chazpuss
post Thu, 18 Jul 2019 - 19:16
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Hi Guys,

I'm new here, so firstly, I'm sorry if I've posted in the wrong area etc.

The other day I received a pcn for code 27 and I'm just wondering if I have any case to appeal it. I understand that code 27 means that I “parked in a special enforcement area adjacent to a dropped footway.” But I believe I'm covering part of the sloped kerb, but barely the dropped. I'll attach the images to an imgur link here:
https://imgur.com/a/7VC0dxT

I know I guess it's what angle you look at it from. I just think it's a bit... petty. I work in an NHS pharmacy, a two minute walk away from this spot. We don't have staff parking and it just so happened, my usual parking spot was taken. However, I have parked in this spot multiple times before. I have even asked the gentlemen who lives in the house of the dropped kerb, if it was okay to park there previously! Not that that makes any difference in the councils eyes, I know.

I've been trying to do some research and found people quoting other cases, such as this:

I was unable to determine what the relevant parking restrictions were because there was no clear signage to explain what they were. As there is no available signage, this particular section of _____ must surely fall outside the scope and territory of your Civil Enforcement Officer and therefore the dropped footway cannot be part of the “special enforcement area”?

and

I have taken my images and as you can see, the vehicle does overhang part of the sloped kerb, but barely (if any) of the dropped kerb in question which is the prohibited area. Some if not most of the nearside driver wheel was adjacent to a point where the kerb has begin to drop but this is not where the prohibited area begins. The prohibited are begins when the kerb has been levelled with the carriageway. I am not satisfied that any part of the vehicle was in the prohibited area. If there was, it would have been so slight that the de minimus principle would apply. (PATAs Case Reference 2120316350 )

I quote section 8 of the Civil Enforcement Handbook, entitled ‘Issuing a PCN where only a minor infringement is occurring’:
“a) Vehicle overhang - A CEO should only issue a PCN if the vehicle is parked incorrectly to the extent that at least one wheel is wholly in contravention, for example a wheel being wholly outside the parking bay or wholly on a yellow line. If all of the wheels are within the confines of the bay but the vehicle is large and overhangs the bay to such an extent that it causes an obstruction equal to a normally-sized vehicle with one wheel wholly in contravention, then a PCN can also be issued. CEOs must use their judgement on this, and record any evidence (especially photographic) that proves the contravention.”

I believe this covers the minor overhang from the bumper which may cross the dropped kerb.

In addition, the notice of rejection from the council states that: “Parked in a special enforcement area adjacent to a dropped footway.” Whereas the Civil Enforcement Handbook, in its description of code 27 states: “The 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.” Indicating that only parking against the section lowered to meet the level of the carriageway could be in contravention, not the sloping section as the council seems to indicate.



I've read these multiple times and they do sound convincing and worth quoting when I write my own letter of appeal. But, I'm in two minds whether I deserve the fine (because even though I know my front drivers wheel is slightly adjacent to the dropped kerb- it is minimal and I am in no way blocking any access) and so am unsure about being so aggressive in my appeal if I decide to. What do you all think?

I'm not trying to convince anyone that I am innocent- just to make it clear. Just asking for opinions and guidance.

Thanks in advance!





I don't know if it's worth mentioning that I've only been on the road for a month.
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post Thu, 18 Jul 2019 - 19:16
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PASTMYBEST
post Thu, 18 Jul 2019 - 19:22
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Have a chat with the resident if they will confirm they gave you permission you are home and dry as that is an exemption, though I do not think the contravention is proved by those photos


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nextdoor
post Thu, 18 Jul 2019 - 19:32
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Your pics make it look marginal, until you look at GSV. There's no way enough room:
https://goo.gl/maps/x9rj1CKT2eypZB8E6

QUOTE (PASTMYBEST @ Thu, 18 Jul 2019 - 20:22) *
Have a chat with the resident if they will confirm they gave you permission you are home and dry as that is an exemption, though I do not think the contravention is proved by those photos


+1
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Chazpuss
post Thu, 18 Jul 2019 - 19:40
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QUOTE (PASTMYBEST @ Thu, 18 Jul 2019 - 20:22) *
Have a chat with the resident if they will confirm they gave you permission you are home and dry as that is an exemption, though I do not think the contravention is proved by those photos


Thank you, I didn't think permission would validate it.

QUOTE (nextdoor @ Thu, 18 Jul 2019 - 20:32) *
Your pics make it look marginal, until you look at GSV. There's no way enough room:
https://goo.gl/maps/x9rj1CKT2eypZB8E6

QUOTE (PASTMYBEST @ Thu, 18 Jul 2019 - 20:22) *
Have a chat with the resident if they will confirm they gave you permission you are home and dry as that is an exemption, though I do not think the contravention is proved by those photos


+1



On google maps, it does look close. But honestly, I've been parking there on and off for years. There's never been a problem. Also, I'm parked around a bend and so it would only be the front driver side of the bumper that caused an obstruction- but honestly it doesn't! Or I wouldn't have thought to park there.
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Incandescent
post Thu, 18 Jul 2019 - 22:48
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QUOTE
I don't know if it's worth mentioning that I've only been on the road for a month.

QUOTE
But honestly, I've been parking there on and off for years.

So what is it ?
Parking in front of someones driveway is normally only done when the resident there complains.
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cp8759
post Fri, 19 Jul 2019 - 15:39
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I think the contravention is too much to be de-minimis, so I would try and get written confirmation of consent from the neighbour because I don't see any other viable challenge here.


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Chazpuss
post Sat, 20 Jul 2019 - 12:55
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QUOTE (Incandescent @ Thu, 18 Jul 2019 - 23:48) *
QUOTE
I don't know if it's worth mentioning that I've only been on the road for a month.

QUOTE
But honestly, I've been parking there on and off for years.

So what is it ?
Parking in front of someones driveway is normally only done when the resident there complains.


In a car, I've been on the road for a month. I used to ride a motorcycle and parked there every working day.

QUOTE (cp8759 @ Fri, 19 Jul 2019 - 16:39) *
I think the contravention is too much to be de-minimis, so I would try and get written confirmation of consent from the neighbour because I don't see any other viable challenge here.


Okay, great, thank you! I really don't mind paying, I just thought I'd there is a chance to appeal then I'd take it.
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Incandescent
post Sat, 20 Jul 2019 - 20:13
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QUOTE
In a car, I've been on the road for a month. I used to ride a motorcycle and parked there every working day.

Well of course with a motorbike you'd have been perfectly able to park there without obstructing any driveway, but the footprint of a car is a lot bigger ! My view is that you are bang-to-rights and would serve yourself best by paying the discount and putting this down as a learning opportunity in "Life's Rich Pageant". Of course if the PCN contains fatal errors of content, you might want to test these at London Tribunals, but it would be for the full PCN penalty, not the discounted amount. That's my view, others may differ.
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