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Full Version: A Bad Day - Section 27 Ticket with Grandma
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
Lucas91
As you can tell by my second post here in a matter of an hour, today has been a bad day!

My grandma had two Dr's appointments, so I took her to them, because of the stress she wanted a nice lunch out. She is housebound without assistance and can only walk about 10 meters before having to take a rest, especially unaided.
So I parked in the closest space I could to Weatherspoons, put her disabled badge on and took her in. I saw the double Yellows but didn't see the dropped kerb. Nor did I actually realise it was an offence to park next to one (I know for next time).

Looking back now I admit its pretty obvious its a dropped kerb, but in the commotion of having my nan in the car on about her appointments and thinking of getting in somewhere she could walk I honestly didnt see it.



Anything I can do to contest? Or should I just pay the PCN? Trust my nan to be smiling in the picture!
peterguk
Press "report" and ask a mod to move your thread to the correct forum.
Incandescent
As usual for this forum, post up the PCN, all sides, with PCN Number and car details blanked out. Leave everything else in.. A GSV reference would also be useful so we can "look" around the place.
Lucas91
Sorry, PCN Below,



Link to the place is also below, appreciate the help.
Brighouse, PCN
Incandescent
Well, having now looked at where you parked, it is clear there is a dropped kerb with another one on the opposite side of the street, so their purpose in the "Act" has been met. Whilst you can appeal on mitigation based on what you have told us here, if you get rejected, I would not take things further, as the penalty doubles, and you would lose at adjudication.
hcandersen
Agreed, but I would add words to this effect:

I did not notice the dropped kerb because there was no tactile paving (if true) which one tends to associate with these and unlike the gap in the footway on the other side of the road - which was clearly marked with a 'dog bone' - there were no markings.

Sorry, silly me, pl exercise discretion etc.
Bogsy
If a valid blue badge was displayed along with the clock correctly set to show the time of arrival then you can also argue that a dropped footway restriction falls subject to regulation 8 of The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000

http://www.legislation.gov.uk/uksi/2000/68...gulation/8/made

since section 86 of the Traffic Management Act prohibits waiting with an exception for loading or unloading.

http://www.legislation.gov.uk/ukpga/2004/18/section/86

I would lead your challenge with the mitigation already suggested but then include the above as a plan B. Completely up to you though.
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