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Stevenage PCN code 27

Hi there got a PCN code 27 today in Stevenage.

On the back of the notice it says:

Details of the Council's enforcement policies can be found on website or seen at the Council's offices - all cases will be considered on their individual circumstances.

Found on their page
Civil Enforcement of Parking Contraventions

Stevenage Borough Council (the council) have in accordance with The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007 and the provisions of Part 6 and Schedule 9 the Traffic Management Act 2004 set the Penalty Charge Levels for Parking contraventions within the Borough of Stevenage as follows:-
Penalty charges for parking contraventions are set at -
(a) for higher contraventions at the level specified in column (1) of table 1.
(b) for all other contraventions at the level specified in column (2) of table 1.
The discounted level for a penalty charge which is paid early (that is within 21 days in the case of penalty charges imposed on the basis of a record produced by an approved device under regulation 10(1)(a) of the General Regulations and 14 days in all other cases) is set at -
(c) for higher level contraventions, at the level specified in column (3) of table 1.
(d) for all other contraventions, at the level set in column (4) of table 1.
The surcharged level for payment of a penalty charge after a charge certificate has been issued is set at -
(a) for higher level contraventions, at the level specified in column (5) of table 1;
(b) for all other contraventions at the level specified in column (6) of table 1,
“Higher level contraventions” are those falling within one or more of the descriptions of contravention listed in column (2) of table 2, being descriptions based on Version 6.5 of the Standard PCN Codes used by local authorities engaged in parking enforcement and have the code number shown in column (1) of that table. The Civil Enforcement Officers operating within Stevenage do not currently have authority to deal with all the contraventions shown in column (2) of table 2 e.g. parked causing an obstruction etc.
Table 1

(1)(2)(3)(4)(5)(6)Higher level penalty chargeLower level penalty chargeHigher level penalty charge paid earlyLower level penalty charge paid earlyHigher level penalty charge paid after service of charge certificateLower level penalty charge paid after service of charge certificate£70£50£35£25£105£75Table 2

(1) Code(2) Description01Parked in a restricted street during prescribed hours02Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force12Parked in a residents' or shared use parking place without clearly displaying either a permit or voucher or pay and display ticket issued for that place14Parked in an electric vehicles’ charging place during restricted hours without charging16Parked in a permit space without displaying a valid permit18Using a vehicle in a parking place in connection with the sale or offering or exposing for sale of goods when prohibited20Parked in a loading gap marked by a yellow line21Parked in a suspended bay/space or part of bay/space23Parked in a parking place or area not designated for that class of vehicle25Parked in a loading place during restricted hours without loading26Vehicle parked more than 50 centimetres from the edge of the carriageway and not within a designated parking place40Parked in a designated disabled person’s parking place without clearly displaying a valid disabled person’s badge41Parked in a parking place designated for diplomatic vehicles42Parked in a parking place designated for police vehicles45Parked on a taxi rank46Stopped where prohibited (on a red route or clearway)47Stopped on a restricted bus stop or stand48Stopped in a restricted area outside a school49Parked wholly or partly on a cycle track55A commercial vehicle parked in a restricted street in contravention of an overnight waiting ban56Parked in contravention of a commercial vehicle waiting restriction57Parked in contravention of a coach ban61A heavy commercial vehicle wholly or partly parked on a footway, verge or land between two carriageways62Parked with one or more wheels on any part of an urban road other than a carriageway (verge/footway parking)99Stopped on a pedestrian crossing and/or crossing area marked by zig-zags70Parked in a loading area during restricted hours without reasonable excuse74Using a vehicle in a parking place in connection with the sale or offering or exposing for sale of goods when prohibited81Parked in a restricted area in a car park85Parked in a permit bay without clearly displaying a valid permit87Parked in a disabled person’s parking space without clearly displaying a valid disabled person’s badge89Vehicle parked exceeds maximum weight and/or height and/or length permitted in the area91Parked in a car park or area not designated for that class of vehicle92Parked causing an obstructionVerge/ footway parking attracts the higher level penalty charge of £70 reduced to £35 if paid within 14 days.



it lists all the codes but code 27 isn't listed. Can they attempt to enforce on a code that isn't listed on their page since they are not listing that as in issue?
«1

Comments

  • sjaddy
    sjaddy Posts: 12 Forumite
    Have spoken to their parking enforcement and their answer was

    "the webpage is out of date and the contravention has been in place since August"

    I feel there is enough to challenge it just on the fact it isn't my problem the webpage isn't updated?
  • Orford
    Orford Posts: 2,199 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    sjaddy wrote: »

    I feel there is enough to challenge it just on the fact it isn't my problem the webpage isn't updated?
    Contravention codes are standard nationwide. 27 is: Parked adjacent to a dropped footway
    See here:
    http://www.patrol-uk.info/site/scripts/documents_info.php?documentID=23&pageNumber=2

    Just because it's not listed on thier website doesn't mean it doesn't exist.

    They will reject any appeal on that basis.
  • Orford
    Orford Posts: 2,199 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 11 February 2010 at 6:24PM
  • sjaddy
    sjaddy Posts: 12 Forumite
    I am not saying it isnt a valid offence but on the ticket it says to check the website to understand the parking violations.

    They don't list that violation by CODE which they put on the ticket. Other councils do.

    If they are saying use the website to actually check on parking enforcement policies and also a table listing their codes that they issue tickets over then how can they issue a ticket based on a code that isn't on their website.

    it seems similar to the one in October 2008 in Harrow where 10,000 tickets were illegally issued because there wasnt clear instructions on the ticket/website on how to appeal codes?
  • Coupon-mad
    Coupon-mad Posts: 162,824 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    sjaddy wrote: »
    I am not saying it isnt a valid offence but on the ticket it says to check the website to understand the parking violations.

    They don't list that violation by CODE which they put on the ticket. Other councils do.

    If they are saying use the website to actually check on parking enforcement policies and also a table listing their codes that they issue tickets over then how can they issue a ticket based on a code that isn't on their website.

    it seems similar to the one in October 2008 in Harrow where 10,000 tickets were illegally issued because there wasnt clear instructions on the ticket/website on how to appeal codes?


    I think the website lack of info could form part of your appeal, why not, if the ticket refers you to the website?

    I reckon you may as well appeal informally to the PCN, as you normally then get offered another chance to pay at the reduced rate (and another chance to appeal, formally!) at the Notice to Owner stage. Nowt to lose and maybe there are some other points you can appeal on - if you do your homework?

    - What changes did the Council introduce in August, can you find out?

    - Did you park across a private residential driveway with a white line across it - if so I think Councils can normally only enforce a PCN for this contravention if they get a specific complaint from the householder.

    - Or did you park across a dropped footway that assists people in wheelchairs and pushing buggies to cross over to another dropped footway opposite (was there one on the other side?).

    In the meantime I would recommend that you register, ask your questions and post up images of the front & back of your PCN (with ID details blanked out) on pepipoo.com forums here:

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

    They would also need to see pictures of where you parked if you can get them (or find the place on GoogleStreetView or Google maps and give them a link).

    Most PCNs posted about on pepipoo can be successfully challenged, maybe yours will be one of them - make sure you post pics of BOTH sides of it, even the small print blurb.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • sjaddy
    sjaddy Posts: 12 Forumite
    Coupon-mad wrote: »
    I think the website lack of info could form part of your appeal, why not, if the ticket refers you to the website?

    I reckon you may as well appeal informally to the PCN, as you normally then get offered another chance to pay at the reduced rate (and another chance to appeal, formally!) at the Notice to Owner stage. Nowt to lose and maybe there are some other points you can appeal on - if you do your homework?

    - What changes did the Council introduce in August, can you find out?

    - Did you park across a private residential driveway with a white line across it - if so I think Councils can normally only enforce a PCN for this contravention if they get a specific complaint from the householder.

    - Or did you park across a dropped footway that assists people in wheelchairs and pushing buggies to cross over to another dropped footway opposite (was there one on the other side?).

    In the meantime I would recommend that you register, ask your questions and post up images of the front & back of your PCN (with ID details blanked out) on pepipoo.com forums here:

    They would also need to see pictures of where you parked if you can get them (or find the place on GoogleStreetView or Google maps and give them a link).

    Most PCNs posted about on pepipoo can be successfully challenged, maybe yours will be one of them - make sure you post pics of BOTH sides of it, even the small print blurb.


    They have admitted that appealing would still give the option of paying the reduced fine if rejected.

    thanks for the suggestions for pepipoo that is very useful.

    It was my wife who did the alleged offence and she is saying it was a dropped footpath rather than a drive way that the front 10 cm's may have been covering. Unfortunately she drove off and didnt take a photo so cant show exactly where she was
  • Coupon-mad
    Coupon-mad Posts: 162,824 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    But you could maybe show the area on Google and post up the PCN front & back on pepipoo. Flaws with the PCN wording are one of the most common get-outs, and if there's an error then you can appeal - even if you are otherwise 'bang to rights'.

    Good luck, if there is an 'out' to add to your appeal then pepipoo will find it, give them a few days for replies and bump your own thread there if you need more advice.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coblcris
    Coblcris Posts: 1,862 Forumite
    edited 12 February 2010 at 12:35AM
    "They have admitted that appealing would still give the option of paying the reduced fine if rejected."

    Only at the informal stage.


    Dropped kerb enforcement under the TMA is a litany of errors on the part of the legislation and , unsurprisingly , the councils.Tthe councils knew about the oversight in the regulations but carried on issuing dropped kerb PCNs regardless of this.
    Hhat oversight has stince been corrected however there are still other avenues.
    I need to research more about the outside London aspects but I think there may well be a defense to this ticket.
    Pictures of the location, the alledged contraventyion and the PCN itself would be a good starting point. We are far from concluding that this is 'bang to rights'.

    This

    http://www.stevenage.gov.uk/transportroadsandfootpaths/parking/vehicularobstructionofdroppedkerbs

    is wrong
  • sjaddy
    sjaddy Posts: 12 Forumite
    Coblcris wrote: »
    "They have admitted that appealing would still give the option of paying the reduced fine if rejected."

    Only at the informal stage.


    Dropped kerb enforcement under the TMA is a litany of errors on the part of the legislation and , unsurprisingly , the councils.Tthe councils knew about the oversight in the regulations but carried on issuing dropped kerb PCNs regardless of this.
    Hhat oversight has stince been corrected however there are still other avenues.
    I need to research more about the outside London aspects but I think there may well be a defense to this ticket.
    Pictures of the location, the alledged contraventyion and the PCN itself would be a good starting point. We are far from concluding that this is 'bang to rights'.

    This
    is wrong


    I will take some photos of the location tomorrow (sunday) and post. Do the council have to give me the photo they took before a Notice to Owner?

    they have also now updated their website though i do have pdf/print out and also a cached copy of their original page at changedection webpate

    which suggests their info about the web page being out of date and for info only wrong. They also told the local paper that they "widely publicised" the changes in Augsut 2009 though the only link i can find is to their website which they are then saying is out of date for another section.

    This means they had 6 months to update and they didnt. hmmmm
  • sjaddy
    sjaddy Posts: 12 Forumite
    I have put the info up on pepipoo as suggested but I can't post links at the moment here.

    the PCN picture is on thread forums pepipoo com / index.php?showtopic=48869

    thanks again everyone
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