Contravention 27 Parking at a dropped kerb

moneypenny2k

My eyes are swimming with the amount of legalese I've read on this one. Can anyone who has a better understanding than I help me out.

I parked yesterday (Sunday) in a residential street near Central Park in Newham. The tail end of my car was partially in front of a dropped kerb not a driveway but one to allow people to cross the road.

The pcn cites contravention 27 parked in a special enforcement area adjacent to a dropped footway.

Are there any grounds to challenged this? There were no yellow lines nor any parking restrictions in place in the road.

Many thanks in advance for your help.

Quentin

The usual answer - go to pepipoo and see if there is a technicality in the wording.

moneypenny2k

Having looked at Pepipoo I've written the following, any comments before I send it off?


Monday, 19 July 2010

Penalty Charge Notice PN********

London Borough of Newham
Parking and Traffic Enforcement
POBox 1125
Warrington
WA55 1EJ

Dear Sirs

I am in reciept of the above PCN .

I disagree that a parking contravention took place on 2 counts.

The TMA 2004 clearly states

86.

Prohibition of parking at dropped footways etc.
(1)In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—
(a)the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—
(i)assisting pedestrians crossing the carriageway,
(ii)assisting cyclists entering or leaving the carriageway, or
(iii)assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or
(b)the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.

Though the kerb had been lowered it did not meet the level of the carriageway fully. Thus the PCN would not be valid.

Also, again the TMA states
TMA s.86

5)The fourth exception is where—
(a)the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,
(b)the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and
©the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.


Clearly the observation time of 1 minute does not allow for the issuing officer to determine whether or not loading or delivery/collection was taking place.

Therefore, I challenge the validity of this PCN and look forward to your response shortly.

Orford

moneypenny2k wrote: »

Also, again the TMA states
TMA s.86

5)The fourth exception is where—
(a)the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,
(b)the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and
©the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.


Clearly the observation time of 1 minute does not allow for the issuing officer to determine whether or not loading or delivery/collection was taking place.

This would be relevant, except that you don't seem to be claiming that you were loading/unloading nor are you offering any documentary evidence of such. Therefore the observation time is irrelevant

peter_the_piper

Was your tail end, so to speak, over the flat bit of the dk or was it just the sloping bit. Remember, ceo's take pics from the best place to emphasise the offence.Copy/paste the pcn and host on tinypic.copy the url and paste on here. Both sides and remove personal details leave dates.

moneypenny2k

peter_the_piper wrote: »

Was your tail end, so to speak, over the flat bit of the dk or was it just the sloping bit. Remember, ceo's take pics from the best place to emphasise the offence.Copy/paste the pcn and host on tinypic.copy the url and paste on here. Both sides and remove personal details leave dates.

Front of ticket
http://tinypic.com/r/faxyx0/3

Back of ticket
http://tinypic.com/r/2hqzfw7/3

My wheel was in front of the curb and the rear of my bumper was just in front of the slope and about 3 inches of the dropped centre.

peter_the_piper

Sounds as if you might be able to claim de minimus but you would need to see their pics to be sure, unless you have your own.Wait for

moneypenny2k

peter_the_piper wrote: »

Sounds as if you might be able to claim de minimus but you would need to see their pics to be sure, unless you have your own.Wait for

De minimus? Sorry not up on the jargon.

If I wait for them to send me a letter I lose the right to pay £50 instead of £100, I'd have to be pretty certain I'd win to take that chance.

Coupon-mad

moneypenny2k wrote: »

Front of ticket
http://tinypic.com/r/faxyx0/3

Back of ticket
http://tinypic.com/r/2hqzfw7/3

My wheel was in front of the curb and the rear of my bumper was just in front of the slope and about 3 inches of the dropped centre.

When Quentin said go to pepipoo, he meant POST on pepipoo about your individual case. Register, read the FAQ s first and then post on this board, with your pics:

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

They will be able to tell you what to say in your appeal, if you give them the facts and pictures. You can't be sure there's no technicality in the PCN small print unless you ask the posters there. Sorry if you have posted already but I didn't notice it.

De minimis = what it sounds like, 'minimum' (i.e. you were only overhanging the dropped kerb by a fraction, and the law should not concern itself with mere trifles. Often used in PCN appeals).

But see what they say on pepipoo first.

Surely worth an informal appeal, seeing as the Council PCN says they re-offer the discounted fine for an extra 14 days if you appeal quickly and they reject it?