Help - Search - Members - Calendar
Full Version: PCN Enfield - Code 27 - Anglesey Road
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
crossbox
Hi All,

My wife (a trainee doctor) had her car towed when she parked to pay a patient a home visit. The Enfield council photo evidence is posted below along with a streetview pic of the road for context. The PCN states the following contravention:

27 Parked in a special enforcement area adjacent to a footway, cylce track or verge lowered to meet the level of carriageway

This makes no sense to me as the car was parked on a "pavement" area as many other cars in the road were, and is clearly not parked on the section restricted by the big white X shown behind the car.

After paying £255 to get the car back we were given a form offering the following "grounds for representation":
    [a]The vehicle had not been permitted to remain at rest in a civil enforcement area in circumstances in which a penalty charge was payable by virtue of regulation 4 of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007
    [b]The Civil Enforecement Officer (CEO) did not fit a pCN to the vehicle or hand it to the person appearing to him to be in charge of the vehicle before the vehicle was removed
    [c]The power to remove the vehicle under paragraph 2 of regulation 5C of the Removal and Disposal of Vehicles Regulations 1986 was not exercisable by virtue of paragraph 3 of that regulation
    [d]The vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner
    [e]The place where the vehicle was at rest was not in a civil enforcement area for parking contraventions
    [f]The penalty charge or other charge paid to secure the release of the vehicle exceeded the amount applicable in the circumstances of the case
    [g]There has been a procedural impropriety on the part of the enforcement authority


Can anyone offer some advice on whether it would be possible to fight this and on what basis?

Thanks












hcandersen
I can't make sense of your pics. The council's are too close and streetview is just a view.

We must know exactly where the car was parked please.
crossbox
The car was parked here (from what I can make out from the pics posted and some others). The image is from google and the white cross has obviosly been added (roughly where the red circle is) since Aug 2012




hcandersen
There is a defence to this contravention as follows:

(3)The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.This exception does not apply in the case of a shared driveway.

Was she visiting the property o/s which the alleged contravention is said to have occurred?

Also, pl post the full PCN (both sides, just leave out personal info). IMO, the PCN must state the actual location, and not just the road, because the defence above obviously cannot be used if the location is vague. As I understand it, consent could either be pre or post-contravention and therefore the precise location is imperative otherwise this could limit the grounds of appeal.
crossbox
No she was visiting a residence further down the road. But all the cars in the road (as per the streetview image) are parked in similar positions, there were no signs stating a restriction for residents only, and as you can see from the picture, the car was not parked in front of a driveway. I will check the PCN this evening and try arrange to upload
Bogsy
The most obvious appeal point is that the contravention did not occur as the vehicle was not parked on the carriageway adjacent to a dropped footway, cyle track or verge. From the photos it seems the most extreme point of the vehicle is on the kerb not the actually carriageway. Yellows lines must be laid at the edge of carriageway and you don't seem to touch these.

http://www.legislation.gov.uk/ukpga/2004/18/section/86
crossbox
This was my thought - the car is not actually on the road at all ???

So are my grounds for representation [a] or [e] above ??


the PCN states:

"27 Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway"
hcandersen
The road is not what you think it is i.e. the carriageway. The "road" is the whole of the highway, including footway and carriageway.

As she cannot use the exemption, she can use the alternative which is that as she was not parked on the carriageway, the contravention did not occur. The contravention (as opposed to the wording given in the PCN) is as follows:

QUOTE
86Prohibition of parking at dropped footways etc.

(1)In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—


So, not on carriageway = contravention did not occur.

Refer the council to their pics which clearly show the vehicle parked wholly on the footway. Given that this occurred in London, the CEO could have used the contravention of parking on the footway etc..., but didn't, perhaps by mistake. Anyway, no contravention.

When you write to the council, refer them to their pics and state that if they do not cancel the PCN and refund all sums paid you require them to identify exactly which parts of the vehicle were parked on the carriageway and the extent.
Barry S
Not that it's a lot of help, but a look at GSV for the road in question suggests that it's one of the (many) roads in Enfield where the Council allow footway parking (though the markings are faded) due to the width of the carriageway.

Looking at the photos, particularly the one in post three, appears to show a dropped kerb outside the property in question however...
crossbox
GSV ?? (newb here)


also, here's the PCN

Incandescent
It is a total no-brainer to got to adjudication, as you have already paid all there is to pay, and would seem to have a good appeal case. If you win, you get the money back, and there are no additional costs going to PATAS, but first you have to appeal to the council, and when they inevitably reject, go to PATAS.
crossbox
Thanks - fully intend to appeal - just need to know what to put as grounds on the form ??
crossbox
Do I just tick
[a]The vehicle had not been permitted to remain at rest in a civil enforcement area in circumstances in which a penalty charge was payable by virtue of regulation 4 of The Civil Enforcement of Parking Contraventions (England) General Regulations 2007

And then write in the "detailed circumstances" section:

"The contravention cited did not occur as no part of the car was parked on the carriageway."

??

crossbox
How about :

In the course of my official duties as a doctor I parked in a designated parking area whilst tending to a patient. Please refer to your photographic evidence and you will see that:
• No part of the car is on the carriageway
• It is not parked adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway
• It is clearly not parked over or on the big white “X” shown behind the car
hcandersen
Your wife has 28 days beginning on the date she recovered her car in which to make her reps.
We don't know when this was because you've blanked this in the PCN.

Not on carriageway = no contravention, as posted several times above.
crossbox
Thanks - I made the rep yesterday (last day to do so) as per the advice above - I guess we'll see what happens

Thanks for all the help everyone smile.gif
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.