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t23
Hi,

Yesterday I cam back to where I'd parked to find a parket ticket issued by Bromley. I have attached a copy. I was parked across the drop curb but there was no notice that it was a special enforcement area and certainly no tactile paving. It was very hard to see that this was in use at all and visiting today, other people have parked in the same way.

I have just walked back there today and can not see any indication that there is a Special Enforcement Area there at all. I checked widely for notices or signs and there are none. There are no road markings there at all.

In the photos, the turquoise car is parked in exactly the same location but this is not my car.

Here is the Google Street View link: https://www.google.co.uk/maps/@51.4192276,-...#33;6m1!1e1

In google street view, the dark blue Renault Megan is parked more or less where I parked. I parked over the entirety of the drop curb though.

My question is whether to fight this or not, do I have a case or was I simply in the wrong? Can anyone give any advice?

Thank-you!

T23
southpaw82
There's no requirement to give you notice so any appeal on that ground is unlikely to succeed. Parking adjacent to a dropped kerb (in a special enforcement area) is against the law under Act of Parliament.
DancingDad
Looks like here
https://www.google.co.uk/maps/@51.4192276,-...3312!8i6656
And a corresponding one on the other side so not looking good.

The whole of London has been a special enforcement area since the Traffic Management Act 2004 came into force.
S86 of that act creates the contravention
And no signs or lines are needed, the physical design with the footway being lowered is deemed sufficient.

Barring anything else I would suggest that you thought the DK was redundant as there was no where for vehicles to go, no sign of a cycle path and no tactile paving as is common practice these days for pedestrian access.
And that if you made a mistake please accept your apologies and cancel the PCN, you have learnt your lesson and won't do it again.
t23
"And that if you made a mistake please accept your apologies and cancel the PCN, you have learnt your lesson and won't do it again."

Do you think they are likely to take mercy on the grounds that I have learnt my lesson?
paulajayne
QUOTE (t23 @ Sun, 16 Aug 2015 - 13:29) *
"And that if you made a mistake please accept your apologies and cancel the PCN, you have learnt your lesson and won't do it again."

Do you think they are likely to take mercy on the grounds that I have learnt my lesson?



Little chance but worth a try.
DancingDad
QUOTE (paulajayne @ Sun, 16 Aug 2015 - 13:31) *
QUOTE (t23 @ Sun, 16 Aug 2015 - 13:29) *
"And that if you made a mistake please accept your apologies and cancel the PCN, you have learnt your lesson and won't do it again."

Do you think they are likely to take mercy on the grounds that I have learnt my lesson?



Little chance but worth a try.


Yup, what Paula said.
If you don't ask you don't get.

More importantly, if you ask and they ignore, then it opens them to assertions of "Failing to Consider"
Which can be a winner further down the line.

Make no mistake, the contravention seems bang to rights.
As far as I can see, the confusion due to no tactile and a plea for mercy is best option.
But TBH, only likely to delay payment so ensure any challenge goes in during the 14 day periods so the discount is preserved.
Generally it is re-offered.

In cases like this, often the best hope is that they mess up answers
t23
OK, thank-you all for taking the time to reply.

I will make a plea, presumably in doing so I admit guilt. Are there any do's or don'ts to be aware of? Any good examples for wording, or better that it comes from my heart!?

T23
DancingDad
In your own words is best.
But post it up for comment before sending.

I've given you the gist.
You are not admitting guilt, simply acknowledging an error of judgement.
t23
Hi,

Here is a first draft.......any comments greatly appreciated.

Thanks,

T23




Dear Sir or Madam,

Last Saturday, the 15th of August 2015; I returned to my parked car and found that I had been issued with a penalty charge notice. I had been away for less than five minutes, as I had helped my wife to the station with her suitcase.

The reason for the notice was that I had parked across a 'special enforcement area' next to the pavement. In my rush at the time, I had not realised that parking was not permitted in that location. There was no tactile paving or driveway, that I normally take as a sign that parking is not allowed. There were no road markings, or other indications. However, I realise now that I made an error of judgement and that parking across a drop curb is not permitted.

I only ask that you consider waiving the fine, as I will have financial difficulty in paying this. The size of the fine is high, given that I was only away from the car (in my estimation) for 3-5 minutes. I acknowledge that I mis-judged the location and will certainly not park in a similar way in the future.

Yours Sincerely,

___
DancingDad
QUOTE (t23 @ Thu, 20 Aug 2015 - 09:21) *
Hi,

Here is a first draft.......any comments greatly appreciated.

............However, I realise now that I made an error of judgement and that parking across a drop curb is not permitted.

I only ask that you consider waiving the fine, as I will have financial difficulty in paying this. The size of the fine is high, given that I was only away from the car (in my estimation) for 3-5 minutes. I acknowledge that I mis-judged the location and will certainly not park in a similar way in the future.
...........


Change to:-

I am aware that parking across a dropped kerb can be unlawful or cause obstruction but simply did not realise that this one is for one of the purposes defined in law as it was missing all the normal visual clues.
However, if I made a mistake, it was totally unintentional.

If the dropped kerb is for a specific purpose and I was in error, I can only apologise and ask that you waive the penalty in this instance. It is a very high penalty for a simple error that lasted no longer then a few minutes.
t23
Thank-you, I have made the amendment and sent this in via the website,

I will update once a response is received. Dancing Dad - Thanks for taking the time to reply and advise biggrin.gif ,

T23
John U.K.
Make sure you have kept a copy of what you sent.
t23
Hi,

Nope- it didn't work, have just had the response from Bromley (attached). Thanks for all your help, I will pay this tonight and put it out of mind!

T23
DancingDad
Your money and effort so your choice.
But read what they put and compare to what you sent.

Have they answered your specifics or just sent a template letter??
(Hint, No, Yes)

Taking it further would risk discount but this sort of reply actually strengthens your chances of winning.

They have failed to justify the purpose of the Dropped Kerb, referring to generics does not answer the lack of tactile or normal signs
They also show no consideration of discretion.
They must consider all points and though they do not have to specifically answer them, without including some specific references, how can they show consideration?

t23
I agree and thanks for your response. However, I don't think I can make time to fight this further at the moment. I wish I could! What you have suggested makes good sense, but I am going to pay and cut my losses.

Thanks for your advice as always.

T23
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