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!
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. 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.