Help - Search - Members - Calendar
Full Version: PCN 27 - Special Enforcement Area Adjacent To A Dropped Footway
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
robbiefowler
Hi,

This is my first post of this forum, so be gentle with me if I've missed something out or some of the links don't work! wink.gif

I recently received a PCN code 27 when I parked outside my Mum's home. I lived there for 15 years as well, so I do have knowledge of when various parking restrictions, dropped curbs and disabled ramps where installed (this is relevant to my dispute). The place in question is a council estate that falls under a "special enforcement area". I'm not disputing the fact I was parked in front of the dropped curb - what I am disputing is the purpose that the dropped curb was installed for.

This is the front of the PCN:


This is the back of the PCN:


This is the dropped curb in question (I was parked between the 2 cars shown): Location

I sent an email with my initial representation. This pointed out that the dropped curb was not for pedestrians crossing (there is no dropped curb on the opposite side of the road), cycle access (as there is no cycle path) or vehicle access (it is in front of a block of flats with no garages/driveways). I received an automated response saying they would reply within 14-21 days. I had no reply from them after 5 weeks and then received a Notice To Owner.

Front of NTO:


Back of NTO:


I sent another email pointing out I had received the NTO but had had no response to my initial representation. They replied saying they had sent a reply (around 10 days after their automated email) and attached a copy of a Word document (not an email), and as expected they had dismissed my claim.

Copy of their response:


As I hadn't received this response, they have kindly reset the 14 day period where I can pay the reduced fee. rolleyes.gif I want to dispute it, though, and wish to make representations (and then appeal if that is rejected).

What I'm disputing, is their claim that the dropped curb was installed for disabled access. I know that the dropped curbs were installed to aid the dustmen - there are large communal bins for every block. The disabled ramps, in front of some of the blocks, where installed much later (in fact years later if memory serves me right). Note that I say some of the blocks - all the blocks have a dropped curb in front of their entrances, but not all entrances have a ramp for disabled access.

I also cannot find reference in section 86 of the TMA where it states "parking adjacent to a dropped curb prevents access to the property and/or could cause difficulties for pedestrians, especially those with wheelchairs or prams", as they have put in their response. I can only see that it says "assisting pedestrians crossing the carriageway". As there is no dropped curb opposite this one, it cannot be for that purpose.

I haven't received any photos from them - should I ask for this before I prepare and send my representation?
Do the council have to prove the dropped curbs were installed for the sole purpose of aiding access for pedestrians with wheelchairs? I'm not sure they can...

I'm just after some advice on what to put in my representation that will give me the best chance of having it cancelled. I know why the dropped curb PCNs are in place, and can see why they apply when you're parked on a corner of a street blocking pedestrians with wheelchairs crossing etc, but I feel with this one they are really trying it on and using PCN 27 beyond its stated purpose.

Any help would be appreciated. biggrin.gif
southpaw82
Just be careful an adjudicator doesn't decide that the bin men are pedestrians wink.gif
ford poplar
If Wandsworth is still in London, I thought London Boroughs, unlike rest of Country, were required to sign 'live' DKs with a single, solid white line on the road surface, for the length of the DK.

I would reccomend OP uses the corredt term in any reps ie kerb not curb
kerb (noun) = edge of pavement
curb (verb) = to restrain

I am not the Eng Lang police but if anyone is making a reasoned argument for consideration it is better to use the correct word to avoid confusion (typo's excluded but not condoned)
robbiefowler
@southpaw82 lol - the ticket was on a day and at a time when binmen have long stopped working! I was going to ask the council to prove it was for disabled access rather than mention binmen.

@ford poplar blush.gif I was watching Curb Your Enthusiasm at the time - that's my excuse, anyway!

Wandsworth is a London Borough. Can anyone else confirm that London Boroughs are required to put a single white line on the road surface for the length of the DK? I couldn't find anything anywhere stating this. Does this still apply in a Special Enforcement Area?

bama
The dropped curb is outside your mum's home ?

is it a single entrance dropped curb (not a shared driveway) ?

a pic of it may help
robbiefowler
@bama - The dropped kerb is outside a block of flats - it's not for a driveway at all - I believe it was put there to help the dustmen empty the cummunal bins.

There is a link to google maps in my original post which shows the location via streetview. Here it is again:

Picture of Location
qafqa
QUOTE
bama a pic of it may help




Screenprint from that link to Google of dropped kerb,
QUOTE
robbiefowler I recently received a PCN code 27 when I parked outside my Mum's home.


HTH
southpaw82
QUOTE (robbiefowler @ Mon, 16 May 2011 - 11:34) *
Wandsworth is a London Borough. Can anyone else confirm that London Boroughs are required to put a single white line on the road surface for the length of the DK? I couldn't find anything anywhere stating this. Does this still apply in a Special Enforcement Area?


I don't believe it is required.
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 © 2001-2024 Invision Power Services, Inc.