Help - Search - Members - Calendar
Full Version: PCN Contravention Code 27 - Southend-on-sea
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
Hi all,
Please could you advise on whether or not to appeal this PCN for Contravention Code 27? I parked here very recently without even noticing the very small dropped kerb.

I have read up on this site as much as I can before posting and suspect it might be worth contesting but would appreciate some expert feedback.

There are no signs, no road markings and dropped kerb the opposite side of the road. I park down this road regularly and see people parked here all the time. The dropped kerb looks
homemade, doesn't look like the councils work using tarmac and is certainly not a width I am used to seeing, it's not wide enough for a car to drive up it. The PCN also notes that my car
was only observed for one minute if that makes any difference.

Please find pictures below:

It's a dropped kerb.
Question is what purpose.
If none on opposite side of road, unlikely to be for pedestrians.
Certainly not motor cars but given the entry ? in line with it, possibly motor bikes (vehicle) or cycle.
Both of which count for the purpose of the act.

Any idea what is behind that door?
Thanks for your reply. As I say, I concur it's a dropped kerb albeit a very small one. I thought maybe if it's not a kerb dropped by the council that it could someway help my case?

I'm afraid I have no idea or way ok knowing what's behind the door.
Looking at GSV, maybe someone wasn't happy you blocked their "driveway"

Click to view attachment
Have a read of this document page 10 and 11 are relevant. The crossing does not IMO meet specification, based on the dimensions of the I10

Click to view attachment
Many thanks for this, very helpful indeed.

That 'driveway' is certainly not 2.4m x 4.8 meters so I suspect it could be a DIY drop kerb job, it certainly looks like one and isn't standard width or made from standard materials.
Unfortunately the law does not prescribe size or if the council built it rather then DIY.
Purpose is all.

I would challenge based on that it is a very small DK that is not readily visible nor does it seem to match any of the purposes laid down in Section 86 of Traffic Management Act 2004.

See what comes back and hopefully something we can use.

Couple of things jarring me on the PCN.
One is that cash will not be accepted. Not sure they can do that.

2(b)(ii) seems to be missing
Two things as well as DD 's points.IMO if the council publish something then it must be adhered to, how can they enforce a dropped kerb that is not supposed to be there

Is that a dropped kerb or a ramp? I\think it can be argued that the kerb has not been lowered ,but that a ramp has been built
Thanks for the feedback and advice.

Yesterday I called the council and they said that if the DK is a DIY job that the PCN will not be valid. They are going to investigate the DK and in the mean time I will contest the ticket based on the DK not being regulation council size, no signs or road markings, other vehicles are parked there on a regular basis. there is one parked there this morning and now that the driveway is not of a minimum size where the council would agree to drop a kerb.

Below is a picture of the kerb, 'drive' and car parked across the same kerb from this morning.
John U.K.
Date of PCN? Make sure you submit your challenge before the end of the discount period.
A phone call is not a challenge!

Many (most?) councile will re-offer the discount if challenge made within discount period and subsequently declined.
Signs and road markings are not required,and other cars parking there is not an excuse or relevant. keep your representations(1st stage informal challenge) to the point. The dropped kerb does not meet the requirements of the TMA 2004 SECTION 86.and that the dropped kerb does not fulfill the requirements of council policy and as such is not valid
Lenof london
Sorry to disagree but judging by the other similar ramps in this road, the crossover was not DIY but has been installed by the council. The concrete ramp looks over 50 years old. The granite kerb has been very nicely cut to leave round ends. They don't do this kind of work any more. The ramp must have been installed to provide access to the alley between the houses.
Ok so I've challenged online with the response below. Wish me luck.

On 27th July I parked my car in Cliff Road where I have been parking in this area for a number of years and often parked in the exact space referenced in the PCN, as do many other road users, each time without any problem.

I would like to challenge the PCN based on that it is a very small dropped kerb that is not readily visible nor does it seem to match any of the purposes laid down in Section 86 of Traffic Management Act 2004.

In addition, the dropped kerb does not fulfil the requirements of council policy and as such I would argue that the PCN is not valid

Kind regards,
keep us updated please
I most certainly will. Thanks for all the help.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2020 Invision Power Services, Inc.