Hi,

I received this PCN on Sunday. Clearly I am parked in front of a dropped kerb stupidly as parked there on Saturday night when there was no where else to park. Noteable mentions: As you may or may bot see I have a flat tyre in this picture and the sign behind my cae us a customer parking sign for the shop behind which clearly encourages parking over/infront of the dropped kerb.

I know this may be fairly cut and dry as clearly I am parked in front of a dropped kerb but thought its worht a shot.

Thanks for your responses in advance.

Click to view attachment

Here I presume. Was the shop open? Even if not I don't see how they can reserve the kerb just for them as it doesn't seem to be a car space - there's a post there. Pic is GSV of last year though.

PS:


Monday 10am–4pm
Tuesday Closed
Wednesday Closed
Thursday Closed
Friday 10am–4pm
Saturday 10am–4pm
Sunday Closed

Yes that location and the shop was open.

The contravention can only be enforced for access across the dropped part by vehicles, access to a cycle path, or a pedestrian crossing. I can't see that any of these apply but no doubt the shop is used to getting its own way and probably called the council.

The guy is complaining that a non customer parks on the road. He cannot give permission for parking at a DK outside a commercial premises. If it is accepted that the DK is a valid s86 DK

I would argue that it is not, look to the other side the council mark with DYL

https://www.google.co.uk/maps/@50.9235841,-...3312!8i6656

That's a strange one if it has a concrete post restricting access. In other words I doubt it can be classified as a VAC (vehicle access crossing) which the Council may have approved under the planning legislation and the Highways Act 1980:-

http://www.legislation.gov.uk/ukpga/1980/66/section/184

I would suggest therefore that the purpose of the VAC/dropped kerb is defunct and enforcement action thereby prejudiced.

Mick

Have a look at historical GSV for 2014 and 2012. In 2012 GSV there was a garage set back with forecourt on that site and a two storey building replaced it in GSV 2014. As the new building has no garage the dropped kerb is redundant.

The Amber Antique signs on the highway are an obstruction and should be reported to the LA.

Thanks for all of your responses guys.

I have taken your points and written them up into a response which I will copy into this thread only if the representation is declined.

QUOTE

I have taken your points and written them up into a response which I will copy into this thread only if the representation is declined.

'Twould be sensible to paste it here before sending for any fine-tuning by the experts.

Hi guys, no luck on this one. Will dig out what I sent to them but here is there response.

Have they re-offered the discount? You must have got the challenge in within the 14 day period!!

Mick

post all the rejection and your challenge. I would be inclined to push this to adjudication. That layout with the bollards would be hard to class as a car park

The Council's response does not really hold water. It is pretty clear that even if one manoeuvred a car between the bollard and the wall, it would stick out right across the pavement and hence be subject to a code 62.
Therefore it really cannot be classified as a private parking area.

I had thought they might argue that with a lowered kerb opposite then the DK was to allow wheelchairs to cross, notwithstanding that the opposite DK is very clearly a vehicle access. The fact that they have NOT
raised this assertion helps you because I think they would find it very difficult, having turned down your informal challenge on the grounds that you were blocking a vehicle access, to then say later "actually it's a
carriageway access point for wheelchairs".

I agree with other posts. There is no authority for Mr Amber Antiques to reserve the area in front of the DK for his customers and what is more he should clear his signs off the carriageway. It would be quite amusing
to go down there on another day, wait for a customer to park and then ring the Council and demand they send a warden round to issue a ticket. Or go into the shop, pretend to be interested in a piece of furniture
and ask the owner "is it OK to park on the road outside?" and see what he says.

What is the time line? I note the PCN was issued on 29 October. Worth a formal appeal if you are prepared to wager £35.

Hi guys,

Away from home at the moment so having trouble getting my original challenge I sent, will call Southampton Council and request they send it to me.

PCN issued on 29th, challenge received from me on the 30th and have just received the letter yesterday with there rejection.

That is the full letter, the top is my details which I have chopped out and the rear is just how to make payment.

Happy to formally appeal as so many people park there I find it ridiculous that I was given a ticket as the owner of the shop clearly lets customers park there, he obviously called the council on me.

What would be your response ?

Those cut and paste bits re payment often have errors we can exploit please post it

Here is the rear of the letter. Thanks for all your responses !

I am hogoing to make a formal appeal. If anyone has a rough idea of what content my appeal should contain it would be gratly appreciated. Thanks

I will have a look but help us to help you. post your challenge and both pages of the rejection in the same post

I have requested that the council send me my orignal challenge but they are obviously taking there time. The online portal does not let you see your original challenge. Pleade find attached both sides of the letter. I have only cropped out my home address and personal details.

Edit: Having trouble uploading onto this post at the moment due to only having access to my mobile. Apparently J an over my max attachment space

use an external hosting site. Fliker is recommended by some

QUOTE

Edit: Having trouble uploading onto this post at the moment due to only having access to my mobile. Apparently J an over my max attachment space

Try this:
Do not attach docs/photos, but use this method:
Some are having problems with Tinypic at he moment.. try Flickr, where the BBcodes are concealed behind the curly arrow for sharing - clicking on the arrow reveals a list of BBCodes..

Photo or scan. see http://forums.pepipoo.com/index.php?showtopic=36858&st=0
for how to do it. I use Tinypic for stage 2 with no problems. Thera are other sites, such as Flickr, which enable you to paste the BBCodes into your post here.
STAGE 1 takes care of resizing. If you use Tinypic for Stage 2, on the left each image in Tinypic is a list of links. Highlight and copy the entire link 'for forums' from the list for each image - beginning with IMG and ending /IMG (include all the square brackets [ ] ), and paste each link into your post. Each copied and pasted link will embed a thumbnail link in your post.

Using the attachment method is not advised as it means quickly running out of attachment space.

Redact/obscure name, address, PCN number and reg.mark.
LEAVE IN all dates/times; precise location, Contravention code and description.