Appealing a Ticket - Contravention 27

gracey84

[FONT=&quot]Evening,

I'm hoping someone can help me. I came out from my boyfriends this morning to find I had been given a Parking ticket at 2.30am. [/FONT][FONT=&quot][/FONT][FONT=&quot]

The offence: "Parked in a Special Enforcement Area Adjacent to a Dropped Footway"
Contravention No 27.

Now, I know not to park across a dropped kerb on the end of a street and in front of someones drive, but I had know idea, nor were there any signs or road markings, indicating that parking in front of a dropped kerb in the middle of a street was a ticketting offence.

Can anyone shed some light if there are any grounds on which I can appeal. I've tried to attached some photos which show the area and where I parked, but can't as i'm a new user... i'll try a second post with these!

Also, i've checked the parking ticket and it's filled out correctly with all my correct information.

Any help is much appreciated! [/FONT]

gracey84

Still can't attach pics as i'm a new user... can anyone tell me how I can send the piccies??

peter_the_piper

Host them on tinypic and put the url on here leaving of the http:// bit. By not allowing new posters they have reduced the amount of spam they were getting but it complicates things for new users.

gracey84

Thanks Peter. I've already created the URL links and had included them on my email, but their still getting blocked.

Appreciate why its been set up this way though, better in the long run.

Any idea how long it will be until I can post an image?

Coblcris

leaving off the http:// bit

seagull09

As far as the actual alleged contravention you may well find that it is justified, as from DFT website:

"Parking alongside dropped kerbs is prohibited in London under the provisions of Section 14 of the London Local Authorities and Transport for London Act 2003.
Part 6 of the Traffic Management Act 2004 when enacted will repeal section 14 and give all local authorities in England with civil parking enforcement powers the ability to take action when a vehcile is parked alongside a dropped kerb in a Special Enforcement Area (that is, an area where parking is, in all other instances, permitted). The regulations underpinning Part 6 of this Act are due to come into force early in 2008."

The only exceptions (in your case) would seem to be when:
- car parked outside residential property with consent of owner
- unloading or loading

All the wording is in Part 6 of the TMA 2004.

But you may well find that the PCN has one or two flaws in wording which could mean winning an appeal.

gracey84

Thanks for your reply Seagull. I'm assuming by residential property, you mean someone's drive way? In which case, I don't think a block of flats will be the same.

It just makes me angry that there was no road markings!

You're point about loading/unloading may be useful. Ethically I know it's wrong to lie, but I don't think Ealing Council have been very ethical with alot of road users.

The ticket says my car with monitored between 2.30am - 2.32am. Could I say I was picking something up and left within 5 minutes?

seagull09

You might find it tricky (not wanting to be the bearer of bad tidings) as loading/unloading it seems does have to be evident during the monitoring period:

"If the enforcement staff cannot see that the loading or unloading operations are actively taking place, however, the vehicle may be treated as if it is illegally parked."

I think your only chance of a get-out will really be the ticket itself, if there's a problem with the wording, quite common. For that you might be better off visiting pepipoo.com as there are very good eyes there for the technicalities of this, I'm only a beginner!

Coblcris

I would strongly suggest that Jane Packer Flowers is the reference case for loading rather than a statement from the council which benefits from the PCN.