Grounds for Appeal - Contravention Code 27

ErinFury

I thought I had. I thought they'd tried to dismiss that? See their answer here:



that was in their first reply to my appeal. They've never revisited. I have. They've ignored it.
EF.

TheBogsDollocks

The only amendment I'm aware concerning the dropped footway issue is the one here
http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&Year=2009&number=1116&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=3581767&ActiveTextDocId=3581775&filesize=4762

It was this amendment that I based my argument below on. The amendment contained an oversight meaning dropped footways in London still have no exemption from not requiring signage. I suggest you send the argument off to be included in your appeal.

Council areas within Greater London that were awarded Special Parking Area status under section 76 of the Road Traffic Act 1991 are now considered, due to paragraph 1(5) of Schedule 10 within the TMA 2004, to be Special Enforcement Areas.

However, such council areas are not considered as Special Enforcement Areas where Statutory Instrument 2009/1116 is concerned. 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."

Since S.I. 2009/1116 does not include those councils within Greater London that were granted Special Parking Area status under the 1991 Act, it means that those councils do not qualify as being exempt from having to place traffic signs for the purpose of providing information to road users as to the effect of section 85 or 86 of the Traffic Management Act 2004 in their area.

ErinFury

I definitely did include it. It's still in green! Sorry tho, I doubled my chances of help by placing same information on as many forums as possible to capitalise on experience & knowledge (only sensible?). [Tho that can backfire I know]. Full story here (I hope):

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

Please forgive my ignorance - but respect my perseverance. Regards, EF

angryinbromley

Hi

Did the appeals work? I have just received one having parked over part of a dropped driveway. There were no yellow lines and the ticket was issued by one of those mobile parking cars.

To add insult to injury the addess of the contrvention is incorrect. it states Southill Road in Chislehurst when it is actually South Hill Road in Bromley. I have to pau £150 after the reduced period and really cant afford that so appeal will get me nowhere I will pay £50 now.

I would really appreciate some help.

Thanks

ErinFury

Do you know I've been meaning to post for ages that they didn't.. but I appealed the No decision in the interests of justice and the ticket was overturned on a completely different technicality... so it did.. but I'm still waiting for the refund from the council 6 months on! It's a lot of work. I'm glad I won, but typically, the problem remains 'unsolved' in precedent it seems.

Coupon-mad

angryinbromley wrote: »

Hi

Did the appeals work? I have just received one having parked over part of a dropped driveway. There were no yellow lines and the ticket was issued by one of those mobile parking cars.

To add insult to injury the addess of the contrvention is incorrect. it states Southill Road in Chislehurst when it is actually South Hill Road in Bromley. I have to pau £150 after the reduced period and really cant afford that so appeal will get me nowhere I will pay £50 now.

I would really appreciate some help.

Thanks

I don't understand why the penalty goes from £50 to £150? It normally just doubles with a Council PCN?

IMHO certainly appeal it, it has always got to be worth appealing surely. Most poeple win at adjudication and there are all sorts of technicalities you can win on, not just the appeal points that you may be considering.

Post for help on pepipoo forums - read the FAQs first as you will need to attach a pic of the PCN front and back like on other threads, read a few:

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

If the PCN is less than two weeks old then the Council will normally keep the fine at the lower £50 amount if you get your informal appeal in immediately - then you can seek further advice from pepipoo if they reject your appeal.

Do not pay it and think you can still appeal - you can't.

diana_os

I was today issued with a parking fine for Contravention 27 'parking adjacent to a dropped footway'. This was issued by Croydon council. I was parked with my rear bumper over someones drive (I was not obstructing or preventing access to this drive). I don't understand how the council can issue a parking fine in this way when I was by a private drive...Can someone please help as not sure how to go about appealing this, do not want to have to pay £100.

taffy056

Follow the advice by coupon mad above, also please create your own thread to discuss your ticket

diana_os

Sorry I don't really know how to use this site / have tried going onto pepipoo forums as per your suggestion but can't seem to get in.

taffy056

diana_os wrote: »

Sorry I don't really know how to use this site / have tried going onto pepipoo forums as per your suggestion but can't seem to get in.

Go here then go to the forum

https://www.pepipoo.com

If you have a problem create your own thread, and will go from there