Help - Search - Members - Calendar
Full Version: Advice needed on Code 27
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
london driver
Hello all, needed the advice of the knowledgable and helpful members that I have seen contributing here, so have registered, to ask your help in fighting a ticket.

Got a PCN in City of London couple of weeks ago, saturday, at midnight, on single yellow line. Code 27, parked adjacent to Dropped kerb (blah blah), which was news to me as a new law. IF you cant park somehwere why dont they paint a bloody double yellow there? They seemed to have double yellowed every other inch of London, so why not these "Unparkable" spots, the morons?



Anyway contested the ticket, and have received this reply:

--------------------------

The PCN was issued because the vehicle was waiting where there is a dropped kerb.

Dropped kerbs are installed in compliance with Section 14 of the The London Local Authorities and Transport for London Act 2003. 

Dropped kerbs are installed at areas where there is a need for pedestrian or vehicle access to, from, or across a particular area. Dropped kerbs introduced for pedestrian access are placed at locations for the benefit of people who would have difficulty with kerbs (elderly, disabled, people with prams etc). 

Rule 243 of The Highway Code states “DO NOT stop or park where the kerb has been lowered to help wheelchair users and powered mobility vehicles”.

Having carefully considered all the circumstances relating to the issue of the PCN and your own comments, I can find no grounds or mitigating circumstances upon which to cancel the PCN.



etc etc

-------------------

Anyways, have read through a lot of the posts with similar question and got more confused! However I have noticed one thing: the PCN states on the top "Penalty Charge Notice Traffic Management Act 2004", and their reply has mentioned the 2003 act.

So question is, can this be used for futher defence?

And also any tactics, and infortmation, including what to write back will be greatly appreciated.

I am bloody furious at these moneygrabbers, and feel cant bloody even breath anymore in this country without someone "in authority(!)" jumping from behind a tree or wall and slapping a ticket or fine on you for whatever reason.

My thanks in advance for any help coming!

PS more ranting: Having read through the forums and for for the first time, seen the new incidences of all these scam parking ticket companies, I am even more shocked at the state of affairs. Organised, legalised, government sanctioned theft on all levels. What the hell is going on? (dont reply to this part, its just venting!!!!)  laugh.gif
Matts Dad
Scan both sides of the PCN with personal details removed and post it here. Also, photographs of the location may help.
Teufel
alos that letter in full - again remove persoanl detials

can you get photos of the location ?
london driver
Thanks gents, will scan the PCN and have it up by tomorrow.
Anorak
A good place to begin is by reading the law you are alleged to have contravened and seeing if any of the given exceptions apply to your situation.

http://www.statutelaw.gov.uk/content.aspx?...p;filesize=7323

I also strongly recommend that you immediately request a copy of the CEO’s log book entry for the contravention and all accompanying photos. It is possible that the CEO made a basic error that may assist you.

Can you provide a link via googlemaps so that we can tale a look at the location?
london driver
Here is a screenshot of the location:



I was parked at the space after the silver merc. Single yellow, midnight. (yes, opposite the dropped kerb, and I know not knowing this silly new law is not an excuse, BUT my point being, if it is NOT ok to park there ever, why keep it single yellow??)

PCN scans to come tomorrow.

Anorak, thanks for our input; read up on the exceptions, on the link you kindly provided, none apply to me as far as I can see; also what would I be looking for in the logbook entries?
dave-o
There's no requirement to mark dropped kerbs with extra markings. They will argue that you are obstructing wheelchair access, and you'll be hard pushed to claim otherwise.

I think you'll be hoping for a mistake on the council's part for this one.
london driver
Ok gents, here are the scans:



back:



And their reply letter in full:

----------------------------

Thank you for your recent communication concerning the above PCN.

The PCN was issued because the vehicle was waiting where there is a dropped kerb.

Dropped kerbs are installed in compliance with Section 14 of the The London Local Authorities and Transport for London Act 2003. 

Dropped kerbs are installed at areas where there is a need for pedestrian or vehicle access to, from, or across a particular area. Dropped kerbs introduced for pedestrian access are placed at locations for the benefit of people who would have difficulty with kerbs (elderly, disabled, people with prams etc). 

Rule 243 of The Highway Code states “DO NOT stop or park where the kerb has been lowered to help wheelchair users and powered mobility vehicles”.

Having carefully considered all the circumstances relating to the issue of the PCN and your own comments, I can find no grounds or mitigating circumstances upon which to cancel the PCN.

You should be aware that the penalty level was held while your comments were carefully considered and on this occasion only, the charge will be kept at the discount rate of £60.00 for a further 21 days from the date of this letter.

If you wish to take advantage of this discount you must pay within the next 21 days. If you choose to write to us again, the discount period will not be extended and the full charge of £120.00 will be due.

Payment can be made:

• Online at www.cityoflondon.gov.uk/pcn using a credit or debit card (MasterCard, Visa, Visa Delta, Visa Purchasing, Visa Electron, JCB, Solo and Switch)

• By telephone using a credit or debit card (MasterCard, Visa, Delta, Solo and Switch) on telephone number 0845 230 0845 (calls are charged at local rate) 

(Credit and debit card holders may pay their PCNs securely using the above services which are available 24 hours a day, 365 days a year. Have your card, PCN number and vehicle registration mark ready.)

• By post to: City of London, PO Box 4561, Worthing, BN13 1XW. Cheques and postal orders should be crossed and made payable to the “CHAMBERLAIN OF LONDON”. You must write the PCN number and vehicle registration number on the reverse of the cheque or postal order. Cash should only be sent by registered post in a Post Office Registered envelope. All communication must be properly stamped. Please allow sufficient time to ensure that payment is received by the due date.

However, if you wish to contest this matter further please do not make any payment at this stage. The registered owner / keeper of the vehicle will be sent a statutory document, a Notice to Owner / Keeper / Hirer (NtO) form or an Enforcement Notice (EN). The NtO/EN allows the owner/keeper to make formal representations to the City of London. Please note that the discount charge will no longer be available if you choose to make formal representations.

If formal representations are rejected, the recipient will be given details on how to appeal to the Parking & Traffic Appeals Service who provide an adjudication service which is completely independent of all local authorities. An adjudicator will consider the appeal under set grounds relating to whether or not a contravention occurred, but is unable to take mitigating circumstances into account.


Yours sincerely



------------------------




So there we are, location fotos, PCN, and their response.

Thanks for taking the time helping me gents.
london driver
Bumpity bump in case the new info got missed...
london driver
Another bump for help before I run out of time..
mashkiach
I do not see the date of the PCN. If it was before 1 June you may be in luck. Anorak has put down a strong case as to requirement for signage under the relevant act. This loophole has been closed since.
Trixie
QUOTE (london driver @ Tue, 30 Jun 2009 - 05:12) *
I am bloody furious at these moneygrabbers, and feel cant bloody even breath anymore in this country without someone "in authority(!)" jumping from behind a tree or wall and slapping a ticket or fine on you for whatever reason.


Ha! This is exactly what I was saying this evening! My post by the way is for the same thing as yours. Have a read through. I got a PCN for parking in front of a DF that doesn't seem to be used for any acces, be it pedestrain or vehicle. BTW - since June 1st, DFs don't have to be signed and the no parking rule is irrespective of yellow lines. Dumb huh?! It's a bloody con to trap you into parking just so they can take what little money we have!

Where were you parked? Do you have pics to put up?

QUOTE (Trixie @ Thu, 9 Jul 2009 - 01:01) *
QUOTE (london driver @ Tue, 30 Jun 2009 - 05:12) *
I am bloody furious at these moneygrabbers, and feel cant bloody even breath anymore in this country without someone "in authority(!)" jumping from behind a tree or wall and slapping a ticket or fine on you for whatever reason.


Ha! This is exactly what I was saying this evening! My post by the way is for the same thing as yours. Have a read through. I got a PCN for parking in front of a DF that doesn't seem to be used for any acces, be it pedestrain or vehicle. BTW - since June 1st, DFs don't have to be signed and the no parking rule is irrespective of yellow lines. Dumb huh?! It's a bloody con to trap you into parking just so they can take what little money we have!

Where were you parked? Do you have pics to put up?


Ignore me! Just read all the other comments!
london driver
I blocked the date to reduce any chance of identification of th PCN.
Unfortunately it was after the June 1st date, whcihc I had read up on.
Thats why I put up a new thread to see if there is any hope. Have a few more days before the extortion deadline, so lets hope someone can come up with something....
london driver
last bump and request for help before I have to pay the buggers!
Please!
dave-o
Well i remember reading here that DKs have to be dropped to within 6mm of the level of the road.

Perhaps have a search and see if that's worth pursuing.

No other ideas from me.
london driver
I am out of ideas too ;-(
guess I will have to pay up on this one.....
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 © 2001-2019 Invision Power Services, Inc.