Grounds for Appeal - Contravention Code 27

shef_2

rajhossain wrote: »

congrats. Could you please email me the letter or paper work you sent as apeal?

I got a pcn contravention code 27 in barking council!

please can you send me the appeal letter as i have received one from lb enfield.
Thank you

peter_the_piper

shef wrote: »

please can you send me the appeal letter as i have received one from lb enfield.
Thank you

Can you start your own thread, it gets very confusing to try to help more than one person at a time. We will need to see both sides of the pcn/nto photo/copy after removing personal details and host on tinypic. Put the url on here leaving off the http://

Its not usually wise to use other peoples appeal letters as each case is usually different.

ErinFury

Thanks... if you're interested. I've done as you suggested but I can't put the link in here!

Ahah... I've put it without the http and put three spaces in. Hope that helps.

forums. pepipoo. com/index.php? showtopic=48326


Regards

Orford

Link here:
http://forums.pepipoo.com/index.php?showtopic=48326

Saving2010

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.

Thanks for all the information regarding Code 27. I was issued with a PCN code 27. I was told by a Civil Enforcement Officer to look for kerb markings. I parked where there were no kerb markings and got a PCN. I wrote to Westmister Parking, they said they didn't have to have signage. After visiting this forum I checked TMA 2004 and found a link to City of Westminster Traffic Management Act Enforcement Protocol March 2008 written by Policy & Compliance Team. There is a footnote on the contravention code table. Which says
'We will not be issuing PCN's for Code 27 until further notice'. I have not found an update and have now written quoting the TMA 2004 written by their Policy and Compliance team. If I have to make a formal representation, which I hope I won't have to do. Then I will use the links on this forum for the appeal.

Westminster have written to me stating that ' Westminster has been enforcing dropped footways since February 2009 ' this update can be found on Westminster website.

On Westminster Website you'll also find the Enforcement Protocol FAQ. This states that the Enforcement Protocol will be updated at least every six months
and sooner if necessary. The current Enforcement Protocol which contians the guidelines given to Civil Enforcement Officers states

Westminster website and the Enforcement Protocol 2008 states at page 71

* when we begin enforcement of code 27 contraventions.

This is the information on their website and it has not been updated which means it is more than 1 year out of date and may be the reason some CEO's are not issuing Code 27 PCN's.

Futhermore on the Enforcement Protocol there are diagrams and descriptions of signage and road/kerb markings for all the other contravention codes with the exception of Code 27. This would appear to be because of the anomaly TMA 2004 has created with Section 86 requiring signage. If the Enforcement Protocol was updated and contained diagrams of the required road markings, it would not be possible to issue a valid PCN where there are no road markings. If Westminster rely on TMA 2004 legislation to issue PCN then they are required to display road markings for a contravention to be valid.

ErinFury

Very interesting, mine's been declined by Ealing saying they don't need signage as that's been amended now. See latest letter here dated 11th March 2010:

http://forums.pepipoo.com/index.php?showtopic=48326

If anyone would like to comment I'd be really interested. Cheers, Erin

JustThisGuy_2

Hi Erin,

In my view you should require them to cite what the alleged "amendment" is that allows enforcement without signage. When they come back, post on here and I'll take a look.

Brownie0612

Hi,
I recently parked across my parents driveway (blocking their car on their drive), when I returned to my car I had a PCN stating I had "Parked in a special enforcement area adjacent to a dropped footway (Code 27). Am I right in thinking that because my parents had got permission from Barking & Dagenham council to have a driveway and paid the council to install a dropped kerb giving them access to their driveway that the contravention code that I have received does not apply to me?
I have also phoned and spoke to someone who told me that the council had received the notice I had parked illegally but there was no photographic proof. I dont know if this is because the photos hadn't been e-mailed to the council as I got the ticket on the 12/03/10 and phoned on the 14/03/10 or if the civil enforcement officer just hasn't bothered taking any photos.
Any help will be appreciated
Thanks
Dan

Coupon-mad

If I were you I would copy & paste your whole post and start a new thread on pepipoo.com here:

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

Dropped footways crop up a lot on there and there are some points of appeal available in many cases - pepipoo posters will know. In some areas it's only a contravention if the Council receive a complaint from the householder (which they won't have, in your case) and in other Special Enforcement Areas there's an argument that this contravention isn't enforceable anyway. Hopefully your case will fall within one or other of the appeal point possibilities!

First of all, read the pepipoo stickies including the 'Read This First!' one, and maybe scroll down the threads reading a few where dropped footway contraventions are being discussed. That should help you understand the issues and see the sort of advice that might also be given to you.

Also read the FAQs on there about how to host & post images using tinypic, as you will see from the threads, they will want to see the front and back of your PCN (all the small-print and all the dates, but minus any ID details).

HTH

Coblcris

Is this driveway to a single residence or is it shared with an adjacent dwelling ?

You may park across the drive of a single dwelling with the permission of the occupier (provided that the permission has not been paid for).
This is an exemption allowed in the regulations. TMA 2004 S.86 (3)
http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=traffic+management+act&Year=2004&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1606563&ActiveTextDocId=1606675&filesize=7323