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Full Version: PCN - Contravention 27 / Code 27 (London Borough of Ealing)
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ugwaraich
Hi all,
I am so glad that I have found this forum and many thanks to those who are making ordinary citizens like me aware of our rights and the law.

Anyways like everyone's story here, mine is not too dissimilar. I have got a PCN for parking adjacent to a dropped kerb. I have been parking there for the past few months (regularly every other day) and never had any complaints and issues as I was not blocking anyone's drive or entrance/exit, but someone obviously was not happy and made a complaint. Anyways here are the details. Would really appreciate if anyone of you could help out and let me know if I have a case?

What I am not really clear about is what is the range of the dropped kerb parking. I mean is there a written law that says that the wheels of the car or bumper of the car should remain within the extreme ends of the undropped kerb before the stones that make the slope or the car can be parked between the point where the kerb meets the carriageway? It would be really helpful if someone can provide a reference or a drawing. I am really keen on challenging the council with this as I believe it is a complete unjustifiable PCN, unless you tell me otherwise of course?

Please note that photo 5 is quite misleading as it is taken from an angle and that shows as if I was parking infront of the entrance which is not the case in photo 6.
Also note that the blue sign does not seem to be a council sign, it looks like someone has just printed and stuck it on the post.





Parking location:

https://goo.gl/maps/ZHYwbx2HpA52
PASTMYBEST
Look back to 2015 when the DK was new. you can see clearly that the front of your car is level with the first fully DK

https://www.google.com/maps/@51.5342622,-0....3312!8i6656


You could perhaps argue that, just that one paving stone length is not there for any of the statutory reasons, but to be honest I wouldn't risk it
ugwaraich
QUOTE (PASTMYBEST @ Fri, 1 Mar 2019 - 22:33) *
Look back to 2015 when the DK was new. you can see clearly that the front of your car is level with the first fully DK

https://www.google.com/maps/@51.5342622,-0....3312!8i6656


You could perhaps argue that, just that one paving stone length is not there for any of the statutory reasons, but to be honest I wouldn't risk it


Thanks very much for your response.

When you say "that one paving stone lenght is not there for any of the statutory reasons" do you mean that the flat part of the kerb is too short (although it shows 2 stones) therefore the kerb should not have been raised in the first place? Sorry I am not very good at legal language.
stamfordman
You are clearly parked by a dropped kerb at the front but the first stone is level with the hedge and not the actual opening of the drive-in. So you can argue that that part of the dropped kerb is not blocking the entrance, but council will almost certainly reject and you'll have to argue it with the adjudicator at the full penalty.

See what others say though.

Don't park like that again - always avoid dropped kerbs - they need no signs.
Incandescent
Front of car looks in contravention, rear is marginal. As Stamfordman says, try to avoid parking in places like this in future or you'll get a string of PCNs. Even if you have managed to park legally, (i.e. by the raised or sloping part), when residents complain the CEOs will not assess the situation, but just issue a PCN to shut them up, so you then have all the hassle of submitting reps and appealing to an adjudicator.
ugwaraich
Many thanks guys.

(Clutching at the straws, have learned my lesson and wont park there again), but if I decide to challenge this PCN on the basis of the start of first lowered flat stone not aligning with the post/entrance, and take it to the adjudicators then what would be the maximum expense?

I understand it is the law that you cant park adjacet to a lowered kerb, but like PASTMYBEST mentioned that I could argue that there is no statutory basis for that stone and I feel that I was being targetted by the church admin on purpose, as I have never seen any vehicles entering the courtyard of the church ever(as the entrance is too narrow), let alone wheelchair users/pedestrians.

So if I lose the appeal with the adjudicator then would I be charged anything extra apart from the full PCN fee and of course it will be a hassle?

I am just trying to balance out the risk of going all the way to the adjudicators and the charges in case if I fail? Is there any such information on this forum?
stamfordman
The most you can pay is £110 provided you meet deadlines, so you are weighing up whether to gamble the extra £55 and possibly pay nothing. It's your right to take it to the adjudicator and in London you can even attend in person to put your case.

We often see councils withdraw before the tribunal as it does cost them time to prepare an evidence pack - so it's a bit of a game of call my bluff with cases where there is a margin of interpretation.
PASTMYBEST
I hate to say that I do not think your chances are good. The law prescribes 3 reasons for a DK

1 to assist pedestrians in crossing the road

2 to allow vehicles to cross the footway to gain access to premises

3 to allow cycles to enter the road.

This one is quite obviously to allow vehicular access. but the DK is wider than the drive and there is a concreate post and hedge adjacent to a part of the DK. So what you would be arguing is that that part of the DK could not be for vehicular access.

Technically correct, but lets be honest by parking there you do create an obstruction to vehicles entering of leaving, adjudicators are human so when the see a sign saying please leave entrance clear for disabled people.it might just swing them in the direction of the contravention being proved.

But your choice if you want to fight we will help you,

Look at it this way. You are walking around with £55 0f the councils money in your pocket and they want it, but they must give you not one but two double or quits bets. You win one of them and you pay nothing. They win you pay £110, but not for about 4 months or more, because that's how long the process takes. save the cost of a cup of coffee a week between now and then and you will save the difference so wouldn't miss it. And if you win you can have a treat
cp8759
I think it's banged-to-rights and you should not risk the discount.
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