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PCN contravention: 27 parked in a special enforcement area adjacent to a dropped footway
Charlimcbean
post Thu, 16 Jan 2020 - 15:22
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Hi all

I received a council PCN on 14th Jan for parking in a special enforcement area adjacent to a dropped footway.

I'll be honest that I did park partially covering a dropped footway (I can provide the photos from the council's evidence if helpful) and have no excuse. Not that it probably matters but I was parking as close as possible to my work base (NHS) which doesn't provide parking for me and I have a heavy load to carry in and out of work daily, with a long-term physical health problem for which I don't qualify for a disabled badge. Incidentally one of the evidence photos is of my NHS parking permit (which entitles me to park at a different venue in the locality (10 miles away, so not an alternative for this venue).

I used this forum a few years ago (for a wrongly enforced PCN) and successfully had it overturned when I requested the parking places order as advised by some very helpful people.

I was just wondering if people with much more knowledge than me would know of any grounds for me appealing the PCN? (I can provide the PCN if helpful).

Thank you in advance (even if there's no advice you can give me re. challenging the PCN).
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post Thu, 16 Jan 2020 - 15:22
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stamfordman
post Thu, 16 Jan 2020 - 15:30
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Loading is an exemption if you then moved the car but sounds like you didn't.

Let's see the PCN and the council pics.


Put pics on https://imgbb.com or such like.
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Charlimcbean
post Thu, 16 Jan 2020 - 16:44
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Here we go, I think I've done it right using the website you suggested.....

https://ibb.co/ydQSDm5
https://ibb.co/2N9fqHD
https://ibb.co/68KtsyT
https://ibb.co/56MbDfM
https://ibb.co/rHf5NrR
https://ibb.co/cxJg57y

How would they know if I'd been loading? The officer observed my vehicle for a 5 minutes period



This post has been edited by Charlimcbean: Thu, 16 Jan 2020 - 16:45
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stamfordman
post Thu, 16 Jan 2020 - 17:11
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What's the location. Albion Court maybe in Halifax? We need the council and street location.
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Charlimcbean
post Thu, 16 Jan 2020 - 17:39
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Ooops sorry didn't realise that otherwise wouldn't have deleted! You were right, Albion Court, Halifax (Calderdale Council)
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stamfordman
post Thu, 16 Jan 2020 - 18:16
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It's here - but GSV is out of date and for some reason a DK has been put in there. There is/was one a bit further down.

GSV give location as St James Road but the building is Albion Court. What does it say on PCN?

https://www.google.com/maps/@53.7252198,-1....3312!8i6656
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Charlimcbean
post Thu, 16 Jan 2020 - 18:34
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Yeah my husband used GSV and I said it must be old/DK must be new. (I parked there before Christmas without a ticket, can't remember if the DK was there but assuming not, to have not been issued a PCN then - on several occasions).

Is there a chance the Traffic Regulation Order might not have been updated (I don't know much about these things but was told for my last PCN that TROs govern on-road parking restrictions).

Location on PCN literally says "Albion Court" (I'll re-upload a photo of the PCN with this info showing).

Thanks for your help and time 🙂

Reuploaded the PCN with only the PCN number and reg edited out:

https://ibb.co/NtWxvgp
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hcandersen
post Thu, 16 Jan 2020 - 20:51
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Albion Court is a building which has frontages on Great Albion St, Orange Street and St. James Rd.

The prohibition relates to parking on the carriageway, it therefore follows that this must form part of a road with a name. The authority's duty is to state the grounds clearly: Albion Court on its own cannot possibly satisfy this requirement.

GSV doesn't show the dropped footway and the photos aren't much help. For example, GSV shows the location to be situated within a parking place which, if correct, is an exemption from the prohibition.

This is subject to the following exceptions.
(2)The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

OP, you will have to revisit and take clear photos of the dropped footway, the road markings and any adjacent traffic signs.
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Charlimcbean
post Thu, 16 Jan 2020 - 20:58
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Thank you for your reply 🙂

I did revisit and took some photos (I may need more) this morning. They're a bit dark as it was 7am hence why I didn't upload them earlier but will upload now to see if they help.

Erm, the other issue might be that there's a single yellow line there (it's broken and people - including me - have been regularly parking there since at least October without being ticketed hence why I continued, plus reasons aforementioned re: heavy load and poor physical health).
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Charlimcbean
post Thu, 16 Jan 2020 - 21:11
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https://ibb.co/N125XQJ
https://ibb.co/VjJqwGv
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hcandersen
post Thu, 16 Jan 2020 - 21:15
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Erm, the other issue might be that there's a single yellow line there

I know. In Great Albion St it's a DYL!
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Charlimcbean
post Thu, 16 Jan 2020 - 21:24
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QUOTE (hcandersen @ Thu, 16 Jan 2020 - 20:51) *
Albion Court is a building which has frontages on Great Albion St, Orange Street and St. James Rd.

The prohibition relates to parking on the carriageway, it therefore follows that this must form part of a road with a name. The authority's duty is to state the grounds clearly: Albion Court on its own cannot possibly satisfy this requirement.

GSV doesn't show the dropped footway and the photos aren't much help. For example, GSV shows the location to be situated within a parking place which, if correct, is an exemption from the prohibition.

This is subject to the following exceptions.
(2)The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

OP, you will have to revisit and take clear photos of the dropped footway, the road markings and any adjacent traffic signs.



Could it be challenged on as the carriageway hasn't been named then?


QUOTE (hcandersen @ Thu, 16 Jan 2020 - 21:15) *
Erm, the other issue might be that there's a single yellow line there

I know. In Great Albion St it's a DYL!


What's a DYL please?
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Incandescent
post Thu, 16 Jan 2020 - 22:53
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DYL=Double Yellow Line - no waiting/parking 24x7 except loading, and boarding/alighting passengers.

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Charlimcbean
post Thu, 16 Jan 2020 - 23:01
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Thanks incandescent 🙂

Definitely wasn't parked on a DYL, single yellow at a stretch (the line is significantly broken)
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Incandescent
post Thu, 16 Jan 2020 - 23:57
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QUOTE (Charlimcbean @ Thu, 16 Jan 2020 - 23:01) *
Thanks incandescent 🙂

Definitely wasn't parked on a DYL, single yellow at a stretch (the line is significantly broken)

Fine, but this doesn't get you any further forward as the PCN is for parking by a dropped kerb. The photos seem to show you bang-to-rights. Even if you invoke the "loading" exemption, you must move the car once loading is complete. Did you ?
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hcandersen
post Yesterday, 08:03
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DYL.

I wish I hadn't mentioned it! I referred to it in passing to illustrate that the so-called dropped footways in the area have a range of misleading markings suggesting that the dropped footways themselves might be dubious.

But the OP's photos appear to show:

Paired dropped footways;
No parking place markings;
A single yellow line.

GSV shows a yellow timeplate covering Mon-Sat 6am - 8pm, so you parking on this line for such an extended period is hardly going to endear the adjudicator to an argument of misleading signs.

I cannot see any argument other than that the PCN does not state the grounds of contravention fully because there are dropped footways in Orange, Gt. Albion and St. James Rd. Why do the authority consider that stating only a building name conveys the information required by the regulations.




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Charlimcbean
post Yesterday, 09:40
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Sure 🙂 (how do they know otherwise, they observed it for 5 mins)?

What about the absence of street name on the ticket, can I challenge it based on that?

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hcandersen
post Yesterday, 11:25
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What about the absence of street name on the ticket, can I challenge it based on that?

That's what I said dry.gif

I cannot see any argument other than that the PCN does not state the grounds of contravention fully because there are dropped footways in Orange, Gt. Albion and St. James Rd. Why do the authority consider that stating only a building name conveys the information required by the regulations
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Charlimcbean
post Yesterday, 14:20
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QUOTE (hcandersen @ Fri, 17 Jan 2020 - 11:25) *
What about the absence of street name on the ticket, can I challenge it based on that?

That's what I said dry.gif

I cannot see any argument other than that the PCN does not state the grounds of contravention fully because there are dropped footways in Orange, Gt. Albion and St. James Rd. Why do the authority consider that stating only a building name conveys the information required by the regulations


Apologies, your last post wasn't showing earlier when I posted.

Please could you/anyone here guide me to a template letter I could use?

Thank you for all your help 🙂
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