Grounds for Appeal - Contravention Code 27

Coupon-mad

Same as above:

It's a Council PCN so post for advice on pepipoo, register for free (NO Hotmail emails) and show them the PCN:

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

Read some code 27 threads there first; it will really help you not to just post and ask for help, but post having read some other code 27 threads on pepipoo, first. You will see they'll need to see BOTH SIDES of the PCN, all small print.

Diamonds14

Hi All,

I was wondering if you might be able to advise me if I stand a chance of appealing a Contravention code 27 PCN?

We have lived in our home for the last 22 years and 5 months and have never had any problems with parking until the last few years. This issue is effecting my health and is making me a nervious reck. Our house is located in a cul-de-sac, the 2nd house from the end of the row of houses. All residents have lived without any issues up until the last few years, when the end house had their drive lowered. This we have no issue with and they are quite within their right to have this done as per the Highway Code law.

This issue has escalated to the point of where my family and I feel that we are being victimised and targeted. The reason I say this, is because whenever we park any of our cars (not blocking any drive ways) we are issued with PCNs but whenever anyone else is parked in the same location no PCNs are issued. As I say this has been going on for some time now and we are at a lost on why we are being targeted and no one else within the street.

The most recent issue was supposedly to have taken place on the night of the 27th Sept 2019 at 10:05pm. On the morning of the 28th Sept, my family and I approached my car as we were on our way to attend a family members funeral. To our attonishment we noticed that another PCN had been placed on my car. I cannot begin to tell you how this made me feel, knowing that we were on our way to a funeral of a loved one. Due to previous issued PCNs, my husband had contacted our local council Highways and requested someone come out to confirm where we were allowed to park without causing a contravention, which he did. The location of where my car was on the 27th Sept was confirmed as being ok for parking in. There are no signs or road markings within this area. The people that live in the end house park there all the time, sometimes leaving their car there for weeks on end and guess what no PCNs are issued. They seem to have a problem whenever any of us park there and continuously call the parking enforcement team, this is what I was told when I called up.

On the evening of the 28th Sept after returning from the funeral, the cars from end house were once again parked in the same spot along with their other car blocking the drive way. I called the parking enforcement team and explained the contravention of all cars parked outside. When the traffic warden arrived he said that he did not see any cars causing any contravention so did not issue any PCNs. He also stated that their car although parked in the same location as mine was, was not causing a contravention. Now I have checked on Council web site for supporting pictures of the contravention I supposedly caused and there are none. Also my car was only observed for 3 mins, and not the 10 min grace period as stated on line and they put the colour of my car as black, when you can clearly see its is grey and also listed as this on the DVLA website. We have had PCNs issued for having our wheels 50cm away from the kerb (in a circular road all wheels on a vehicle will not be close to the kerb), we have also had PCNs issued for being to far from the kerb, so how can we win? If we park too close we are issued with a PCN and if we park too far from the kerb we are also issued with a PCN but no one else is?

As I say if we are breaking the law, we are quite happy to face up to any issues we have caused but this has now come to the point that we feel we are being targeted and harassed; And would like it to stop. It is unjust and unfair to be treated this way, so we would be grateful if anyone could advise how to appeal this PCN and maybe get this ongoing issue looked into.

Diamonds14

Coupon-mad

It's a Council PCN so post for advice on pepipoo, register for free (NO Hotmail emails) and show them the PCN:

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

Read some code 27 threads there first; it will really help you not to just post and ask for help, but post having read some other code 27 threads on pepipoo, first. You will see they'll need to see BOTH SIDES of the PCN, all small print.

ugwaraich

Hi guys,
I have found this forum very useful and many thanks to those who are making ordinary citizens like me aware of our rights and the law.

Coming to the point now, I was given a PCN yesterday for the contravention 27, from the photos and I have always been careful with parking I ensured that I am not hindering any dropped curb or hindering any pedestrians or cyclists or wheelchair users, I believe the CEO was really harsh in giving me this PCN. You can clearly see I am not blocking anyones driveway and neither I am blocking the pedestrian path leading to the church.

Please could anyone of you who would have the knowledge advise me whether I should go ahead with challenging with this PCN?

What I am not really clear about is what is the range of the dropped kerb parking. I mean is there a written law that says that the wheels of the car or bumper of the car should remain within the extreme ends of the undropped kerb before the stones that make the slope start or the car can be parked between the point where the kerb meets the carriageway? IT would be really helpful if someone can provide a reference or a drawing. I am really keen on challenging the council with this as I believe it is a complete unjustifiable PCN, unless you tell me otherwise?
Your help is much appreciated. I am attaching the photos. Please note that photo 5 is quite misleading as it is taken from an angle and that shows as if I was parking infront of the entrance which is not the case in photo 6.

I am not able to share the photo her ein this message as I am new to forum, please can you send me an email address on a pm so I can send an email with the photos?

Coupon-mad

What I am not really clear about is what is the range of the dropped kerb parking. I mean is there a written law that says that the wheels of the car or bumper of the car should remain within the extreme ends of the undropped kerb before the stones that make the slope start or the car can be parked between the point where the kerb meets the carriageway? IT would be really helpful if someone can provide a reference or a drawing.

It's a Council PCN so post for advice on pepipoo, register for free (NO Hotmail emails) and show them the PCN:

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

Read some code 27 threads there first; it will really help you not to just post and ask for help, but post having read some other code 27 threads on pepipoo, first. You will see they'll need to see BOTH SIDES of the PCN, all small print.

Kilroy62

The transfer of enforcement in 2004 from the Met to TfL and L.B.A referenced signage. It was believed and stated that as the ''code27 reg was listed in the Highway code there was no requirement for signage in their domain. Clearly they were right and wrong. However a dropped kerb is access for someone and blocking it is not just a code or a PCN it is just rude and obtuse also. But more importantly it can be deadly.
Some months ago I had a heart attack but unfortunately for me my access was blocked (as was all the dropped kerbs on my street) the Ambulance was unable to get to me and I was in the end wheeled by chair down the road. Needless to say I was alte getting to hospital and suffered a lot of heart muscle damageand am severely disabled. I find ignorant and thoughtless parking bad but your advice to avoid the enforcement on technicalities is just sordid and wrong.

The purpose of that Act was to take the criminality out of parking offences and make them civil and therefore not likely to ruin peoples lives and livelihoods by giving them a criminal record for what in effect is a minor transgression (albeit in some circumstances severe impacts). Pervasive evasion of civil enforcement as you so rightly point out the Department of transport is looking at along with national signage may lead to it being returned to criminal enforcement.
Oh and by the way parking by a dropped kerb and refusing to move constitutes Anti Social Behavior, which can lead to a Criminal record and is not reliant on Police to prosecute. Enforcement as with Code 27 lies at the beginning with the resident being blocked. So perhaps the victim of your advice may wish to take a prosecution instead of waiting for the Council to enforce the ticket, and many home insurance policies have legal cover.

Kilroy62

A dropped kerb is to allow access across the footpath to the house it is adjacent to. the householder can park there and block thier access as they can then move it themselves having control of the vehicle. However no one else is allowed to stop or park their, stopping is allowed only to let oncoming vehicles pass and prevent an obstruction then they should move on. Most London Boroughs operate the policy of homeowner enforcement. so will come out at the request of the householder/resident whose access you are blocking. As a rule if one wheel arch is over any part of the dropped kerb you have committed a code 27 violation. The lack of parking causes issues for everyone, however you are in control of your parking, perhaps a better solution would be to contact your local Council and seek to get the road as residents parking only thereby freeing up spaces for residents to park in.