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Tim_A
Hi,

I am posting because I received a PCN code 27 for parking along side a dropped kerb that no longer has the use that is was originally intended for. It is outside St Mark's Primary School in Green Lane and many parents use this stretch of road for parking. Earlier this week, the school posted on its weekly news letter saying that a number of parents had fallen foul of this.

I received the PCN in May and challenged the PCN immediately. My challenge was turned down and I was duly sent a Notice to Owner. I have now made a representation against this, principally on the grounds that the dropped kerb has fallen into abeyance and therefore a contravention cannot occur. If anyone else in a similar situation would like to share notes, please let me know.

Tim
traceywillow
Hi Tim, a friend of mine had a similar experience last year on the small triangle of flowerbeds on the junction of Greenford Avenue and Church lane (just past the railway bridge) the flowerbeds are raised about 30 inches and contained by a brick wall, there is a disused dropped kerb on one side of the flower bed leading only to the wall, she appealed to PATAS and unfortunately lost the appeal, we dont seem to have much luck in Ealing with PCN's
Tim_A
Hi Tracey, I am sorry to hear that your friend was unsuccessful. The Report of the Traffic Penalty Tribunal Adjudicators 2008 - 2010 (http://www.trafficpenaltytribunal.gov.uk/downloads/TPT_AR_08_10.pdf) makes it clear that the dropped kerb must still have the use that it was originally intended for. In my case, it was for vehicle access to the school, but that entrance was bricked up decades ago, so I am hoping for a positive outcome.
traceywillow
I'll cross everything for you smile.gif
SchoolRunMum
QUOTE (Tim_A @ Fri, 29 Jun 2012 - 11:00) *
Hi,

I am posting because I received a PCN code 27 for parking along side a dropped kerb that no longer has the use that is was originally intended for. It is outside St Mark's Primary School in Green Lane and many parents use this stretch of road for parking. Earlier this week, the school posted on its weekly news letter saying that a number of parents had fallen foul of this.

I received the PCN in May and challenged the PCN immediately. My challenge was turned down and I was duly sent a Notice to Owner. I have now made a representation against this, principally on the grounds that the dropped kerb has fallen into abeyance and therefore a contravention cannot occur. If anyone else in a similar situation would like to share notes, please let me know.

Tim





Can you show us pics of all your paperwork please and the text you used in your appeals.

You don't need a scanner, just photos with the PCN number and car reg/name/address covered up. All pages, all sides of everything. You are missing a trick if you don't get the paperwork checked by the posters here for any technical flaws.

Also a pic of the dropped kerb or a Google StreetView link to the very place would be useful, to help you further.
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