Contavention code 27, Help or advice on blue badge use and being issued a pcn |
Contavention code 27, Help or advice on blue badge use and being issued a pcn |
Mon, 19 Nov 2018 - 11:30
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#1
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New Member Group: Members Posts: 7 Joined: 19 Nov 2018 Member No.: 101,004 |
Hi all. Have recived a pcn for a contavention code 27
Parked adjacent to a dropped footway But i was using a blue badge at the time just as a force of havit there are no yellow lines visable but because the road is cobbled it helps me get out of the car when i park where i did any advice would be helpful |
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Mon, 19 Nov 2018 - 11:30
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Mon, 19 Nov 2018 - 12:24
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#2
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
We need to see the back of the PCN and the council photos
-------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Mon, 19 Nov 2018 - 14:27
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#3
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New Member Group: Members Posts: 7 Joined: 19 Nov 2018 Member No.: 101,004 |
Do i have to request the images grom the local authority?
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Mon, 19 Nov 2018 - 14:48
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#4
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New Member Group: Members Posts: 7 Joined: 19 Nov 2018 Member No.: 101,004 |
And im struggling to upload a picture of the back of the ticket keeps telling me the file is too large
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Mon, 19 Nov 2018 - 16:13
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#5
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
And im struggling to upload a picture of the back of the ticket keeps telling me the file is too large use an external hosting site such as imgur -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Mon, 19 Nov 2018 - 17:11
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#6
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New Member Group: Members Posts: 7 Joined: 19 Nov 2018 Member No.: 101,004 |
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Tue, 20 Nov 2018 - 10:18
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#7
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
https://www.google.co.uk/maps/place/Hill+St...33;4d-2.4400578
Interesting that the OP parked in a Pedestrian Zone too. Didn't think you could do that with a BB. Only two dropped kerbs in the street. Mick |
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Tue, 20 Nov 2018 - 17:21
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#8
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
The PCN still doesn't comply with regulation 3(2)(b) of the appeals regulations, which is a procedural impropriety. However we need to see the council pictures.
-------------------- 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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Thu, 22 Nov 2018 - 15:38
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#9
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New Member Group: Members Posts: 7 Joined: 19 Nov 2018 Member No.: 101,004 |
http://imgur.com/BoOHZ9y
http://imgur.com/CI0WgLc http://imgur.com/6y3Lf9o http://imgur.com/Mq7y2Ys http://imgur.com/x1vFGoA http://imgur.com/29Z9LZj http://imgur.com/0XlRdHD http://imgur.com/fSunoi9 http://imgur.com/udwluo7 sorry for the delay obtaining and uploading photos cheshire east were not the most helpful of authorities to deal with |
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Thu, 22 Nov 2018 - 15:47
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#10
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
parking adjacent to a DK is not of its self a contravention. Parking infront of a DK that is in place for one of the statutory reasons laid down in s86 of TMA 2004 is.
86 Prohibition 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; or (b) the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge. The DK in this case is not for any of these purposes, thus no contravention occurs -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Thu, 22 Nov 2018 - 17:27
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#11
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New Member Group: Members Posts: 7 Joined: 19 Nov 2018 Member No.: 101,004 |
so in light of your response which seems simple in itself just write out a quick appeal stating the about and send it in to the council
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Thu, 22 Nov 2018 - 22:26
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#12
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Member Group: Members Posts: 35,068 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
You cannot just write 'it's not a DK'.
I acknowledge that I was parked adjacent to where the footway is lowered to meet the carriageway - don't fudge it, it's obvious even to the visually impaired equestrian on a galloping horse. However, in order to sustain the alleged contravention the authority must show that the location is a 'dropped footway' - section 86 of the TMA refers (reproduced at the end of this challenge). Given that the footway appears to give pedestrian access to a building, this rules out sections 86(1)(a)(ii) and (iii), therefore the only remaining purpose must be 86(1)(a)(i), 'assisting pedestrians crossing the carriageway'. Adjudicators have consistently held that the test to be applied here is whether there is a corresponding lowered footway opposite the one in question without which pedestrians cannot be assisted crossing the carriageway, merely to access it. GSV shows that there is no lowered footway directly opposite the location nor in the vicinity. It therefore follows that the location is not a drooped footway for the purposes of the Act and the PCN must be cancelled. If the authority do not cancel, then they must produce evidence that the lowered footway is more than just a stand-alone lowered kerb and meets the stringent criteria of the Act. Merely stating that it is a dropped footway would, without supporting evidence and in the face of this detailed challenge, be unacceptable. ...is slightly more expansive! |
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Fri, 23 Nov 2018 - 09:26
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#13
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I would spell out Google Street View, GSV isn't an obvious acronym.
-------------------- 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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Fri, 23 Nov 2018 - 23:17
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#14
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New Member Group: Members Posts: 7 Joined: 19 Nov 2018 Member No.: 101,004 |
There is no dropped crib opposite the one in question only at each end of the street which has a lowered crib both sides from knowledge the one in question was used when the market used to take place and the market staff used it for moving stalls and rubbish carts in and out but that was years ago
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Sat, 24 Nov 2018 - 16:32
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#15
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
It's kerb, a crib is one of these: https://www.google.co.uk/search?q=crib&...20&bih=1000
Send what hcandersen put in post 12 -------------------- 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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