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Grounds for Appeal - Contravention Code 27

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  • Coupon-mad
    Coupon-mad Posts: 151,553 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Post on pepipoo with a pic of both sides of the PCN (just cover the PCN number and car reg) and a link on GoogleStreetview to the very place:

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

    You may have grounds for appeal and they can help you. Also they will say if there appears to be none in which case you will have lost nothing. On the back of most tickets it does say if they will re-offer the discount if they reject an early appeal though, so it could be that you can buy a bit of time with an appeal, hope for an admin error or something (does happen) and then make a more informed decision when they reply.

    As a bit of background, a Council needs no signs or lines for this contravention but it does need to be a specific type of dropped kerb and if your car was only at the sloping down kerbstone then the contravention did not occur.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • I got a code 27 for parking on a dropped kerb on Gants hill London, area covered by Redbride Council. The confusing part was they had a no parking sign restricting parking between 8.30am to 6.30pm Monday to Saturday.

    As I was parking after that time could I argue that I was allowed to park there hence the sign, as if I wasn't then there would have been no sign and normal dropped kerb laws would apply.

    For example: When there is a series of street lights on the road you know automatically its a 30mph road unless there is a 40mph sign.

    Could I argue the same point here? Its very confusing.

    Thank you guys in advance for your kindness in reading this.

    Shads
  • Fingers crossed this still works! I got a PCN last week for 'Parking in a special enforcement area adjacent to a footway..." in Hounslow.

    Will let you know the outcome.
  • Coupon-mad
    Coupon-mad Posts: 151,553 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 November 2014 at 12:13AM
    Loppy_Anne wrote: »
    Fingers crossed this still works! I got a PCN last week for 'Parking in a special enforcement area adjacent to a footway..." in Hounslow.

    Will let you know the outcome.

    Go to pepipoo and start your own thread. Hounslow tickets have a wording flaw.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • bestfootie
    bestfootie Posts: 115 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    edited 10 November 2014 at 3:59PM
    As a paralegal at a top law firm, I am now involved in a dispute using, among other things, arguments put forward here by some very thorough research. Kudos to those individuals, you know who you are.

    I am no stranger to challenging these yellow devils :mad: and have accumulated four tickets in six months. One of these I paid as I was bang to rights. Two I appealed but due to living away from home, the informal and formal appeals were rejected vis-a-vis both and we are now at the stage of the Council about to enforce a debt at the County Court for full payment. It was actually on my to-do list today to deal with both of these and explain that we're going all the way to PATAs and good luck to them. In the meantime, I got ticket number four - the Contravention 27 where they think I'll be fleeced for £110! This is becoming an expensive addiction. They can lick my bu**hole.

    I will keep the forum updated. ;)
  • Coupon-mad
    Coupon-mad Posts: 151,553 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Get thee to pepipoo forum sharpish, and resolve not to miss appeal deadlines in future, you could have taken them all to PATAS.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Code 27: Parking adjacent to a dropped footway

    Hi, am new to the forums and investigating whether or not I have grounds to appeal an issue of this contravention. At first I thought I'd been given a ticket for parking on DYL in error because I had parked clear of them, but then noticed the code and contravention I was being accused of. I'll include a link to a Google Maps street view of the location...

    (Ahh, okay, won't let me post the link. The address is 28 Kepstorn Road, Leeds. I parked on the corner just after the DYL next to the road sign and the tree.)

    After reading this thread I am disgusted that they can issue a ticket for this without any signage or road markings, more despicable to me is the fact that the DYL end just short of the area of contention. If you're not supposed to park there, why have the DYL fall short of it? I'm hoping that when you look at the street view you'll see as I did that it is totally not clear that this is a dropped footway, the kerb barely looks any lower than the rest of the kerb, and there is nothing to indicate, through different colour of kerb stones or anything that this is a lowered footway. Is this enough to contest it? I'll also look into the arguement stated earlier in this thread if that is still legally valid.

    Thanks in advance for any assistance you can provide.


    Regards,

    TALON
  • Umkomaas
    Umkomaas Posts: 43,344 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    we deal with private parking charges here, so we recommend this is taken to the council tickets' experts on PePiPoo. Here's your link:

    http://forums.pepipoo.com/index.php?act=SF&s=&f=30

    Make sure you scan and copy in your thread all documentation you've received from the council (both sides). Please don't jump on to someone else's thread (as you've done here); please start a new one of your own.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 151,553 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    TALON wrote: »
    Code 27: Parking adjacent to a dropped footway

    Hi, am new to the forums and investigating whether or not I have grounds to appeal an issue of this contravention. At first I thought I'd been given a ticket for parking on DYL in error because I had parked clear of them, but then noticed the code and contravention I was being accused of. I'll include a link to a Google Maps street view of the location...

    (Ahh, okay, won't let me post the link. The address is 28 Kepstorn Road, Leeds. I parked on the corner just after the DYL next to the road sign and the tree.)

    After reading this thread I am disgusted that they can issue a ticket for this without any signage or road markings, more despicable to me is the fact that the DYL end just short of the area of contention. If you're not supposed to park there, why have the DYL fall short of it? I'm hoping that when you look at the street view you'll see as I did that it is totally not clear that this is a dropped footway, the kerb barely looks any lower than the rest of the kerb, and there is nothing to indicate, through different colour of kerb stones or anything that this is a lowered footway. Is this enough to contest it? I'll also look into the arguement stated earlier in this thread if that is still legally valid.

    Thanks in advance for any assistance you can provide.


    Regards,

    TALON

    Woah, you were reading a 2009/10/11 thread? When Google throws you any forum thread, read the date on the comments and if it's old, forget it but stay on that forum and look for more current stuff.

    One click gets you to page one, whichever forum you are on there's always a little 'breadcrumb trail' link at the top of the page.

    However, in this case as it's a Council ticket, follow Umkomaas' link to pepipoo forum, start a new topic and INCLUDE PICS OF THE FRONT AND BACK OF THE PCN or they can't help you.

    :)

    No replies on this ancient thread please.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi there, thanks for your responses. As I mentioned in my earlier post, I am new to these forums, and basically I did a search based on 'Contravention code 27' which lead me here. Which then led me to the pepipoo link that you mention which featured a thread where someone had almost the exact same issue and the arguments presented there were used by myself to help formulate my own defense against the charge, combined with my own personal arguments based on my specific circumstance.

    It all worked out in the end as I have just received the following email informing me that the charge has been dropped. So result.

    Dear Mr



    Traffic Management Act 2004

    Penalty Charge Notice (PCN):

    Date of Issue: 28/10/2015

    Location of Contravention: KEPSTORN ROAD - WEST PARK

    Nature of Contravention: 27 PARKED ADJACENT TO A DROPPED FOOTWAY



    Thank you for your email in regard to the above PCN.



    The Civil Enforcement Officer (CEO) issued the PCN as he observed the vehicle parked adjacent to the dropped kerb.



    The Highway Code advises ‘do not stop or park where the kerb has been lowered to help wheelchair users and powered mobility’. There is no requirement for signs and lines to be present.



    The wording on the PCN has previously been presented to the Traffic Penalty Tribunal and found to be correct.



    I have considered everything in your letter and I am prepared to cancel the PCN on this occasion. You should hear no more about this matter but the Parking Services department may not be able to cancel future PCNs issued in similar situations.



    Yours sincerely







    Julie Thompson

    Appeals Officer

    Even though the answer didn't come directly from these forums, I'd still like to thank you, as this was the first step that led me to the answer. So cheers guys.



    Regards,

    TALON
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