Dear All,

I'm hoping someone might advise me on a PCN received while parking close to gate of the park.
the road is not CPZ area (London Brent council / Grove park)

When I parked my car, I thought the contravention did not occur cause I parked on desinated white line
as well as my vehicle didn't cause difficulties for pedestrians, residents and drivers.


The following morning, I found a PCN which had been given on the contravention offence no 27 "Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway".(15/07/2019)

I searched similar case and referred to it.
http://www.pepipoo.com/forums/lofiversion/...hp/t109490.html


GOOGLE MAP

https://www.instantstreetview.com/@51.59160....17h,-17.43p,1z
Now no parking in front of the gate sign has been installed on gate but as you can see the gate, It is invisible because it is always open like attached image.


Can I beat and win?
Thank you all in advance.
Kourmet

This post has been edited by kourmet: Sat, 20 Jul 2019 - 00:06

Are you aware of the restriction on parking by dropped kerbs ? I see no marked bays on the streetview link. For me you look pretty much bang-to-rights as about 12 inches of your car is adjacent to the dropped kerb. This is an entrance to a small car park for what look like flats. If one of these residents complains, the council will enforce by issuing a PCN. No sign is necessary to tell motorists not to park, the dropped kerb is its own sign, essentially

I searched similar case and referred to it.

'..and referred to it' sounds like you have already submitted a challenge. Have you?

If not, then as per Incandescent you are bang-to-rights on the basis of the evidence you've posted.

For info, it is 'dropped footway' not dropped kerb. The distinction is a legal one. Whereas a dropped kerb is purely a physical matter i.e. is the kerb dropped for whatever reason, 'dropped footway' is a legal concept and exists as follows:

86Prohibition of parking at dropped footways etc.

(1)In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—

(a)the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—

(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;

In your case (iii) clearly applies as can be seen in the photos.

Anyway, have you challenged yet, are you the registered keeper and if so are your details up to date?