Barnet Council - PCN Code 27 - Parked in a Special Enforcement Area Adjacent to a Footway, Cycle Track or Verge Lowered to Meet the Level of the Carri Options

[bergy10]

Hi guys. So I'm shocked today.

Little back story. I live on a road with no parking restrictions with people parking whereverthey want. In our case we have a disable person living at home and have had issues with people parking in our driveway constantly. We've tried putting up a sign etc but no one paid attention. Eventually we managed to get permission for a dropped kerb by the council. So I assumed no one would park there from then onwards. However this has still been an issue over the years with people either blocking us in or blocking us out without so much as leaving a number ok their windshield.

We've tried speaking to the council regarding this over the years but they have told us there isn't much they can do other than call a number and see if a parking attendant comes and if not tough luck basically. Tried calling a couple times when we'd needed to go to the hospital to take my sister but never had anyone come over. Eventually we just started leaving notes on the windshields of people blocking us to at least leave their number on the windscreen so we can call them if needed but other than a couple neighbours we never had anyone give that courtesy.

Fast forward to this evening. I was bringing my sister home and seen that once again someone was parked in my driveway. Ended up parking a few doors down in front of a driveway of a house where I know one of the flat owners. Their driveway has had a skip inside for the last year and is never used and after speaking one of the flat owners he said it'd be fine to park there.

I took my sister into the house and less than 10 minutes later when I go to get the car I see there is a PCN attached to the windshield. It mentions that it is a dropped kerb but there are cars parked behind me and across the whole street on dropped kerbs including my own dropped kerb. I ask the guy living there if he knows what happened ajd he says it must be one of the other flats in the house who have called someone (possibly someone they knew) because that other owner who he mentions usually parks there himself and probably called someone.

Thing is there was no way to get my sister out of the car as my own driveway was blocked and we've spoken to the council about this fact that as it is a disabled access driveway we need it free. Additionally not only were there no other tickets on any other cars on the dropped kerbs as well as mine, a few doors down there is a bus stop with the road markings and everything with cars parked there but I have never in over 13 years living here seen a single ticket for either that or any dropped kerb parkings.

I don't know what I can do now. I feel like we've been put in a situation where a disabled person needs to be taken across the street a few doors down to get home because of a block on our own driveway but our car gets a ticket instead despite us speaking to one of the owners of that driveway to explain we'd be there briefly until I can get my sister into the house.

The PCN and photos as well as my own photo are attached below















This is the picture I took of the location after I moved the car. I was parked right in front of the other car on front of the skip. The other driveway also has tons of room ahead of it as it is a dual dri eqay that goes across both house next door and I made sure that I was not blocking them. I was up until just before that little square drain looking marking on the floor.





42 Lichfield Rd
https://maps.app.goo.gl/onGKzMcyThhKFNUT9


I don't know what we can do about this because it does feel like we've been singled out by this parking attendant as well as being in a situation where we've only had to do that because of someone else being in our driveway. I'm stressing out. Any advice would be greatly appreciated. Thanks.

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[stamfordman]

Assisted alighting is an exemption.

[PASTMYBEST]

Regulation 8 of s86 TMA 2004 the act which sets out this contravention

(8)References in this section to parking include waiting, but do not include stopping where—

(a)the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or

(b)the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.

You tell your story and claim the exemption provided as assisting a disabled person To do this you must take no longer than is needed to see that she is safe

That is all for the council. If it gets to appeal then the height of the kerb could come into play

[bergy10]

Hey guys, thank you for the help. So should I tell them the whole story like I explained on here?

Also it would have been a whole lot easier if enforcement actually occurred on our road so that everyone would be able to get in their own driveway however it is strange that it doesn't and then all of a sudden when I was prevented from using my own because of another car that I'd been given a ticket but not him nor the many other cars on driveways. I admit I was partially over an unused driveway with a skip and partially over a driverway with tons of room to get in or out but to give me a ticket when none of the other cars on driveways (including the one in front of ours) or on the bust stop were ticketed? Can you be targeted like this?

I just wish there would be some consistency with enforcement on our road because I have never seen a single enforcement officer or ticketed car on my road over the years. Then we'd know what to expect, but at the moment it just seems unclear.

[stamfordman]

Is pavement parking allowed there as you could be done for that too.

Write a draft on claiming the assisted alighting exemption. Proof of disability would add weight.

[PASTMYBEST]

Is pavement parking allowed there as you could be done for that too.

Write a draft on claiming the assisted alighting exemption. Proof of disability would add weight.

Tell them that someone was parked outside your property blocking your DK that your sister is disabled and what that disability is and that you took no longer than needed to see that she was safe when you helped her out of her motability car.and tat this is an exemption under TMA 2004 s86 8(b)

[bergy10]

Is pavement parking allowed there as you could be done for that too.

Write a draft on claiming the assisted alighting exemption. Proof of disability would add weight.

I have no idea Stamfordman. I have not seen a single sign anywhere on the road so not sure. Although pretty much everyone (aside from those who park inside their driveways) parks with half the car on the pavement and the other half on the road because it is a semi busy road with buses. I reckon if parking was roadside then the road may become too narrow for the buses.

Her disability I think is documented (she has cerebral palsy) and the car is a motability car under her name (I think maybe they already know this but not sure).

Is pavement parking allowed there as you could be done for that too.

Write a draft on claiming the assisted alighting exemption. Proof of disability would add weight.

Tell them that someone was parked outside your property blocking your DK that your sister is disabled and what that disability is and that you took no longer than needed to see that she was safe when you helped her out of her motability car.and tat this is an exemption under TMA 2004 s86 8(b)

Thanks PASTMYBEST. Should I add all the background or should I just keep it that short for when I respond.

[PASTMYBEST]

Is pavement parking allowed there as you could be done for that too.

Write a draft on claiming the assisted alighting exemption. Proof of disability would add weight.

I have no idea Stamfordman. I have not seen a single sign anywhere on the road so not sure. Although pretty much everyone (aside from those who park inside their driveways) parks with half the car on the pavement and the other half on the road because it is a semi busy road with buses. I reckon if parking was roadside then the road may become too narrow for the buses.

Her disability I think is documented (she has cerebral palsy) and the car is a motability car under her name (I think maybe they already know this but not sure).

Is pavement parking allowed there as you could be done for that too.

Write a draft on claiming the assisted alighting exemption. Proof of disability would add weight.

Tell them that someone was parked outside your property blocking your DK that your sister is disabled and what that disability is and that you took no longer than needed to see that she was safe when you helped her out of her motability car.and tat this is an exemption under TMA 2004 s86 8(b)

Wen you say people park in your driveway do you mean that literally or are the parking across your DK

Thanks PASTMYBEST. Should I add all the background or should I just keep it that short for when I respond.

[bergy10]

Is pavement parking allowed there as you could be done for that too.

Write a draft on claiming the assisted alighting exemption. Proof of disability would add weight.

I have no idea Stamfordman. I have not seen a single sign anywhere on the road so not sure. Although pretty much everyone (aside from those who park inside their driveways) parks with half the car on the pavement and the other half on the road because it is a semi busy road with buses. I reckon if parking was roadside then the road may become too narrow for the buses.

Her disability I think is documented (she has cerebral palsy) and the car is a motability car under her name (I think maybe they already know this but not sure).

Is pavement parking allowed there as you could be done for that too.

Write a draft on claiming the assisted alighting exemption. Proof of disability would add weight.

Tell them that someone was parked outside your property blocking your DK that your sister is disabled and what that disability is and that you took no longer than needed to see that she was safe when you helped her out of her motability car.and tat this is an exemption under TMA 2004 s86 8(b)

Wen you say people park in your driveway do you mean that literally or are the parking across your DK

Thanks PASTMYBEST. Should I add all the background or should I just keep it that short for when I respond.

Sorry, what I meant was that they block the driveway by parking along tue dropped kerb like the what I was given a ticket for. The car blocking my driveway was there literally at the exact same time I was being ticketed.

By the way, been watching the space I'd been given a ticket yesterday all day and there has been a black car parked well further than the encroachment I made and no ticket on the car despite this being there since I first saw it at 9am. At least in our case our car was more than 50% in front of the skip, whereas this one is completely in front of the dropped kerb.

[stamfordman]

Other cars could be parked with the owner's permission so there's no point in speculating.

We usually find councils pretty trigger happy to come out and issue PCNs for blocking DKs so I would not let up on yours and you should highlight the disability aspect and escalate it if they can't keep it clear. Get your councillor involved.

Meanwhile draft a challenge and post here first.

[bergy10]

Other cars could be parked with the owner's permission so there's no point in speculating.

We usually find councils pretty trigger happy to come out and issue PCNs for blocking DKs so I would not let up on yours and you should highlight the disability aspect and escalate it if they can't keep it clear. Get your councillor involved.

Meanwhile draft a challenge and post here first.

Ok sure thing. Thanks. Do you reckon I should put as much detail as I put in my OP or no need to include all of that?

[stamfordman]

keep it short and to the point. Start with saying you are claiming an exemption to the contravention owing to assisted alighting of a disabled person.

[PASTMYBEST]

Don't forget to get the letter of authority from your mum to send with this.

Dear Mr Parking

I am Mr (your name) i am a carer for my sister ( her name) the keeper of this motability vehicle. I/we live at (your address) On arrival home I found a vehicle blocking the dropped kerb giving access to my/our drive My sister is a cerebral palsy sufferer it is not possible for her to alight the car alone but needs my assistance.

I parked as close as possible to home unfortunately adjacent the the dropped kerb of a neighbour. This stop was only for as long as it took to assist my sister into the home and ensure she would be safe while i returned to the car to move it.

There is an exemption within s86 of the TMA 2004 that allows stopping to board /alight passengers Given the assisted boarding that the law allows i would claim this exemption And would ask that the authority cancel this PCN given the unfortunate circumstances

[stamfordman]

I would add as the first sentence:

I am claiming an exemption to the contravention owing to assisted alighting of a disabled person.

Reason being to immediately impress on them the grounds for the challenge and it's important to be assertive.

[PASTMYBEST]

I would add as the first sentence:

I am claiming an exemption to the contravention owing to assisted alighting of a disabled person.

Reason being to immediately impress on them the grounds for the challenge and it's important to be assertive.

no i drafted it that way to keep it more to what happened and why the exemption bit only being mentioned not rammed down their throat It can get stronger at NTO stage if needed but getting the what and why in now is the important bit

[stamfordman]

You know me - I write for a living and believe in optimal communication. I have always advised that the grounds for challenge or reps are stated up front and then explained, not the other way around.

[PASTMYBEST]

You know me - I write for a living and believe in optimal communication. I have always advised that the grounds for challenge or reps are stated up front and then explained, not the other way around.

Just a question of style. I look to the long game and aim at the adjudicator. What i do not want to come across is that the OP parked as he did with a stuff it i can claim an exemption state of mind rather, that they parked as they did out of necessity and the exemption is secondary in their mind set

[bergy10]

Thank you for the advice PASTMYBEST and Stamfordman. Your help is greatly appreciated. I am conflicted on whether to add or leave out that sentence near the beginning because you guys have different opinions on the matter. I mean you all have very good records for this kind of stuff, so I'm not sure which to go with because I can see the merits in both your arguments.

This post has been edited by bergy10: Thu, 13 Aug 2020 - 13:18

[stamfordman]

Thank you for the advice PASTMYBEST and Stamfordman. Your help is greatly appreciated. I am conflicted on whether to add or leave out that sentence near the beginning because you guys have different opinions on the matter. I mean you all have very good records for this kind of stuff, so I'm not sure which to go with because I can see the merits in both your arguments.

It doesn't really matter as it's an initial informal challenge. I just like to play the short game. Go with PMB's.

[bergy10]

Thank you for the advice PASTMYBEST and Stamfordman. Your help is greatly appreciated. I am conflicted on whether to add or leave out that sentence near the beginning because you guys have different opinions on the matter. I mean you all have very good records for this kind of stuff, so I'm not sure which to go with because I can see the merits in both your arguments.

It doesn't really matter as it's an initial informal challenge. I just like to play the short game. Go with PMB's.

Ok Stamfordman, thank you. Will do that then.

Just real quick, is the appeal on the Barnet website where it says challenge PCN the informal or formal appeal?

By the way, I have been given the following options to choose from.



Should I select other or contravention did not occur?

This post has been edited by bergy10: Thu, 13 Aug 2020 - 14:14