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PCN issued in front of my house in residential street
Enrique_123
post Mon, 7 Oct 2019 - 11:04
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Hi

I received a PCN sunday morning while parked in front of my house.

Details:
1. PCN states that vehicle is "parked in a special enforcement area"
2. Vehicle parked "more than 50cm from the edge of the carriageway and not within a designated parking place (double parked / obstruction)

In relation to point one, I called the council and they confirmed that my road (residential road) is not a special enforcement area and furthermore there are no parking signs on the entire road to indicate otherwise.

In relation to point two, my driveway allows one carspace and the second car is parked in front of the house approximately 2-3 metres from my driveway where there are 5 bays. There is also space for 2 additional cars to be parked which my neighbours and I use without obstructing anyone's entry or exit into their homes and driveways. This is sometimes necessary when guest cards are parked and on this occasion my car was parked in this manner.

My understanding is that a PCN is issued when a parking rule is broken, however given that there are no parking rules (by way of signage and also on the council system), on what basis can a PCN be issued regardless of whether I'm not in a bay. I would be appealing on this basis but can anyone advise if this is the correct approach and also is there anything else I should add to my appeal?

Thanks in advance
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post Mon, 7 Oct 2019 - 11:04
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PASTMYBEST
post Thu, 10 Oct 2019 - 19:16
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QUOTE (Neil B @ Thu, 10 Oct 2019 - 20:08) *
QUOTE (Fredd @ Thu, 10 Oct 2019 - 19:33) *
QUOTE (PASTMYBEST @ Thu, 10 Oct 2019 - 17:40) *
Most of the country is a special enforcement area

Really?

Probably not by area but yes by population imho.


There is no definitive map but I would expect it to mirror pretty closely civil enforcement area


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Fredd
post Thu, 10 Oct 2019 - 19:30
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So you don't know. If you want to make claims like that then let's have substantiated facts and not rely on WAGs, please - we don't want guesses becoming received wisdom, do we?


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hcandersen
post Thu, 10 Oct 2019 - 20:31
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@DD, not clutching, still fact finding rolleyes.gif

So they are not designated parking places - which connotes being correctly signed which they are not because there's not a 'P' in sight.

It is improper for the council to mark highway in this manner, but I suspect they'd put it down to a minor error on their part.

Factually, if it's not part of a road then the contravention cannot stand.

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cp8759
post Fri, 11 Oct 2019 - 11:44
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QUOTE (Fredd @ Thu, 10 Oct 2019 - 19:33) *
QUOTE (PASTMYBEST @ Thu, 10 Oct 2019 - 17:40) *
Most of the country is a special enforcement area

Really?

Yes https://assets.publishing.service.gov.uk/go...ith-cpe-map.pdf


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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Fredd
post Fri, 11 Oct 2019 - 12:00
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QUOTE (cp8759 @ Fri, 11 Oct 2019 - 12:44) *

I'm having difficulty seeing where in there it shows where Special Enforcement Areas are within the Civil Enforcement Areas.


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DancingDad
post Fri, 11 Oct 2019 - 12:51
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QUOTE (Fredd @ Fri, 11 Oct 2019 - 13:00) *
QUOTE (cp8759 @ Fri, 11 Oct 2019 - 12:44) *

I'm having difficulty seeing where in there it shows where Special Enforcement Areas are within the Civil Enforcement Areas.


Not surprised.
There is legislation tucked away somewhere that shows who applied for SEA status.
Some areas, like London where this PCN applies were grandfathered into SEA when TMA became operative.
Others, Birmingham for example, were a Civil Enforcement Area from 2007 but only applied (and were granted) SEA status around 5 years ago.

It is usually a reasonable assumption that if an authority serves up a PCN for Parking more then 50mm or Dropped Kerb they are an SEA but it is an assumption unless proven.
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hcandersen
post Fri, 11 Oct 2019 - 15:35
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They are areas which have taken on civil enforcement powers, these are not SEAs. You cannot be a SE area unless you are a CE area, but being the latter does not vest the former.

Districts cannot be SEAs in their own right because this rests with traffic authorities. I know that West Sussex has not applied for SEA status, but it has adopted CPE, hence it's green on the map.

And Welling is in the LB Bexley and is therefore within a SEA.

Should we move on from this point?

This post has been edited by hcandersen: Fri, 11 Oct 2019 - 15:37
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Enrique_123
post Tue, 15 Oct 2019 - 15:00
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So we can assume that Bexley borough is a SEA.

I have just submitted an appeal based on the expectation argument. I'll try to follow up with the Councillor as well as suggested.

This post has been edited by Enrique_123: Tue, 15 Oct 2019 - 15:04
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cp8759
post Tue, 15 Oct 2019 - 21:06
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QUOTE (Enrique_123 @ Tue, 15 Oct 2019 - 16:00) *
So we can assume that Bexley borough is a SEA.

It is, with the sole exceptions of the A20, the A2 and a handful of slip roads

http://www.legislation.gov.uk/uksi/1994/1487/contents/made


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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