Grounds for Appeal - Contravention Code 27

Matthelad

Hi All - your assistance would be greatly appreciated. I received a PCN in relation to Contravention Code 27. I appealed and received the below response from Newham Parking & Traffic Enforcement Team. How can I counterattack it:

You were given a Penalty Charge Notice for parking at a point where the pavement slopes down to meet the road. These points make it easier for people to cross the road, especially people with prams or wheelchairs, and so need to be kept clear.
No signs or lines are required in order to enforce parking adjacent to dropped footways. This is because it is a statutory prohibition that is in the Highway Code. It is therefore a contravention everywhere unless otherwise stated by signs.
The Penalty Charge Notice was issued for being parked adjacent to a dropped footway. The Civil Enforcement Officer’s notes and photographs at the time indicate that before issuing the PCN, the vehicle in question had been adjacent to a dropped pedestrian footway. Any vehicle parked in such a manner may be issued with a PCN.
A dropped kerb is put in place to assist pedestrians, wheelchair users and people with buggies to cross the road. It also allows vehicles to enter or leave the road across the footway or verge, hence it must always remain clear of obstruction and there is no legal duty laid upon the Council to provide signs or lines indicating the prohibition, it is expected that drivers should be aware of this restriction as per the Highway Code. It is applicable at all times.

Tilt

Matthelad wrote: »

Hi All - your assistance would be greatly appreciated. I received a PCN in relation to Contravention Code 27. I appealed and received the below response from Newham Parking & Traffic Enforcement Team. How can I counterattack it:

You were given a Penalty Charge Notice for parking at a point where the pavement slopes down to meet the road. These points make it easier for people to cross the road, especially people with prams or wheelchairs, and so need to be kept clear.
No signs or lines are required in order to enforce parking adjacent to dropped footways. This is because it is a statutory prohibition that is in the Highway Code. It is therefore a contravention everywhere unless otherwise stated by signs.
The Penalty Charge Notice was issued for being parked adjacent to a dropped footway. The Civil Enforcement Officer’s notes and photographs at the time indicate that before issuing the PCN, the vehicle in question had been adjacent to a dropped pedestrian footway. Any vehicle parked in such a manner may be issued with a PCN.
A dropped kerb is put in place to assist pedestrians, wheelchair users and people with buggies to cross the road. It also allows vehicles to enter or leave the road across the footway or verge, hence it must always remain clear of obstruction and there is no legal duty laid upon the Council to provide signs or lines indicating the prohibition, it is expected that drivers should be aware of this restriction as per the Highway Code. It is applicable at all times.

You need to start your own thread to attract advice.

But for what it's worth I doubt you have grounds for a successful appeal. A dropped kerb (for pedestrians) dosn't require signs or makings.

Matthelad

Tilt wrote: »

You need to start your own thread to attract advice.

But for what it's worth I doubt you have grounds for a successful appeal. A dropped kerb (for pedestrians) dosn't require signs or makings.

Thank you I have started a new thread.

TARQUIN

I live in a road where there are dropped kerbs to allow vehicle access to drives in front of houses. Each dropped kerb section has a single yellow line. Recently, both I and a visitor to my house were ticketed for an alleged Code 27 Contravention for parking in front of neighbours' drives - with their permission in both cases, and outside restricted parking hours.

Both tickets were contested, but our informal appeals were rejected, although we said we had the neighbours' permissions. Reasons for rejection: Camden council said the dropped kerbs were exclusively for pedestrian access, which was a load of rubbish. It was only after we both again appealed against the Notices to Owner, enclosing photos of the drives and copies of written permission from the neighbours, that the PCNs were cancelled. I am now claiming £100 compensation from Camden for wasting my time in having to appeal against my NtO - no response from them yet on this.

Section 86 (3) of the Traffic Management Act 2004 deals specifically with this situation, exempting vehicles from Code 27 enforcement if the motorist has permission to park in front of someone's drive. Camden should know that. They should also know that the dropped kerbs in my road are not exclusively for pedestrian access. If they do know either or both of those things they should stop trying to enforce Code 27 PCNs in my road in the hope that the motorist will not know their rights and just pay up. Camden should also have asked to see the letters of permission before issuing the NtOs.

JustWorthy

MF17 wrote: »

:jI have now heard from the Parking and Traffic Appeals Service that City of Westminster will not be contesting my appeal. This is great news. Thanks to all you guys - in particular TheBogsDollocks, JustThisGuy and Coblcris. A great result. I'd be happy to pass on details of my appeal letters etc should anyone
want them.

Dear MF17
could you please email a sample or a copy of your appeal. I got a ticket last night for the same contravention code. Observation was only 2 minutes. I have been parking my van there almost a year ( not every day of cause) because it was occupied by other cars. This spot is near my place of work, so I park quite often there and yesterday some moron issued a ticket (£110/£55) . I would like to appeal, but the thread is quite old and I don't know if I stand any chance in 2016.

Sorry, not allowed to post a link to the scanned ticket.

Many thanks for your help.

Umkomaas

JustWorthy wrote: »

Dear MF17
could you please email a sample or a copy of your appeal. I got a ticket last night for the same contravention code. Observation was only 2 minutes. I have been parking my van there almost a year ( not every day of cause) because it was occupied by other cars. This spot is near my place of work, so I park quite often there and yesterday some moron issued a ticket (£110/£55) . I would like to appeal, but the thread is quite old and I don't know if I stand any chance in 2016.

Sorry, not allowed to post a link to the scanned ticket.

Many thanks for your help.

Jeez, the last time MF17 was on this website was almost 7 years ago! Little prospect of contact with him/her.

As we tend to major on private parking tickets here, PePiPoo will be your best bet for council tickets. Register there (but please note that a hotmail address won't work) and post a new thread; here's your link:

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

Have a read through some of the other threads there before you post your own to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received from the council (both sides, if appropriate) as they need to see all the small print.

PePiPoo has an excellent success record in dealing with council tickets.

You might also like to read this article which contains links to a DIY robot to appeal council tickets. How effective it is has been questioned - take a look and make your own mind up.

http://www.businessinsider.com/joshua-browder-saves-motorists-2-million-with-parking-appeal-website-2015-12

HTH

Coupon-mad

Pepipoo isn't working today, something's gone wrong but do go back to them next week. Most Council PCNs can be appealed and won, especially with pepipoo posters' expert help.

10ebourke

Hello,

I came back to my car at 3.40pm on 3rd march 2017 to find that I had been left a penalty charge notice on my windscreen at 10.36am , the same day.

This PCN stated that I was "parked in a special enforcement area adjacent to a dropped footway" due to code 27 down bridge avenue in Upminster. I am sure that one of the residents complained about parking down there as most sixth form students at a nearby college use it for parking and tend to come back to notes left on their cars from the residents, so most likely a complaint was made and the local authorities came and see who they could give a PCN to.

However, the wheels of my car were adjacent to the bit of the raised kerb that is sloping, whilst my bumper both ends were slightly overhanging, is this illegal? As well as this, the property my front bumper was slightly overhanging had no car parked on the drive as I know they do not own one. I was not blocking either neighbour both sides of the raised kerb from entering nor exiting their property.

I want to appeal but am unsure of any laws/loop holes around this pcn! I have taken photos as proof. Please help!!
Thanks.

aff89

Same situation as 10ebourke above - not sure whether to appeal and what to write...

Can't post pics as a newbie

Any help, greatly appreciated...

Coupon-mad

Well if these are Council PCNs, you read the advice on this thread so you know what to do; get thee both to pepipoo then!

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