Parked in a special enforcement area adjacent to a dropped footway

Coblcris · 30 March 2010 at 4:15PM

Which is why the argument used by TheBogsDollocks should be used.

The lack of approved signage not has prevented councils from issuing PCNs in the past.
Despite the councils and the Department of Transport being in full knowledge of the lacuna. In fact it has been hushed up in the past, again in full knowledge of the Councils and the Department of Transport. A sad commentary on the way parking enforcement operates.

ashirusnw · 25 October 2010 at 12:43PM

TheBogsDollocks wrote: »

Paragraph 2(5) of S.I. 2009/1116 does not include paragraph 1(5) of Schedule 10 within the TMA 2004, in its definition of Special Enforcement Areas.

(5)In paragraph (4) a “special enforcement area” means an area designated as a special enforcement area by means of—
(a) an order made under paragraph 1(1) or 3(1) of Schedule 10 to the Traffic Management Act 2004; or
(b)an order which, by virtue of paragraph 2(5) or 3(5) of that Schedule, has effect as if it were an order so made."

I think they may have updated the amendment to SI 2009/1116? It now reads:

(5) In paragraph (4) a “special enforcement area” means an area designated as a special enforcement area by means of— (a)an order made under paragraph 1(1) or 3(1) of Schedule 10 to the Traffic Management Act 2004(2); or (b)an order which, by virtue of paragraph 1(5) or 3(5) of that Schedule, has effect as if it were an order so made.”

And so appears to include paragraphs 1(5)

Am I right? all the best, Asher

TheBogsDollocks · 25 October 2010 at 1:21PM

Yes that's right, the loophole was closed by a correction slip issued in Feb 2010. I only became aware of the correction in April 2010. At least it showed my argument was correct prior to Feb 2010 and it helped cancel a few unlawful PCN's since March 2008. Closure of the loophole was inevitable.

Oddly no councils in London have come publicly forward and admitted they served code 27 PCN's between March 2008 and Feb 2010 without the correct traffic signs being in place and announced that they intend to do the right thing and refund those who paid such PCN's. Why would this be do you think?

Coupon-mad · 25 October 2010 at 2:49PM

ashirusnw, that doesn't mean there aren't grounds to win an appeal of a Council PCN though. There are plenty more errors made by Councils in their paperwork, procedures, lines and signs!

Most cases on pepipoo forums still win, Councils will bluff and bluster, declining an appeal without properly considering it - and then they fold before they get to the adjudicator in too many cases to count. If you have a Council PCN please post pics of all sides of your paperwork on a new thread on pepipoo.com:

http://forums.pepipoo.com/index.php?showforum=30

HTH

JMcredit · 14 September 2011 at 1:09PM

hi
Has anyone yet won the appeal for PCN issued for code 27
Parked in a special enforcement area adjacent to a dropped footway.
I am issued with a same PCN y'day in croydon. I had parked the car next to an open field (mainly used for dog walking etc. I parked the park all properly however just the back side tyre is slightly out of the raised kerb area. Having said that my car didn't obstruct anyone as the lowered kerb( footpath ) is quite big and i was only slightly out from raised kerb. there was no sign or traffic notice to stop people parking from here. I couldn't move the car further up as there was another car parked nfront of mine. Before i parked my car , the space was used by someone else. people are regularly parking here.

Is there any grounds for me to appeal against the ticket ....my car back wheel was only slightly out in dropped footway?

Do I have any grounds where PCN observation time and time contravention had only minute difference.

Best Regards

esmerobbo · 14 September 2011 at 3:13PM

Providing the dropped kerb is a dropped kerb then they don't need any other signs or road markings, the dropped kerb is the marking!
A photo of the kerb or street view location and post up both sides of your PCN personal details removed over on Pepipoo.

Parked in a special enforcement area adjacent to a dropped footway

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