Westminister PCN - Code 27 Appeal Help

pk222

My first post here so please excuse any stupid questions. I got a PCN with Code 27 last week when parked on a single yellow next to a dropped footway. Have parked there before and seen other cars parked as well but first time with the PCN

PCN Front i34.tinypic.com/10fz5sy.jpg

PCN Reverse i38.tinypic.com/n1rp04.jpg

Photo of where I was parked tinypic.com/r/s3dh/4

Drafted a sample appeal based on what I read on the website (got PCN on 11th night so got a few days left to appeal) - appreciate any feedback on this as I don't know whether in this case there are grounds to appeal.

TO WHOM IT MAY CONCERN

I received the above PCN on 11th August at xxx in xxx and wish to challenge this notice.

There is a yellow line restriction clearly visible that covers the dropped footway in question. I was parked outside the restricted hours on a single yellow line provided; this does not constitute a contravention. There is also no signage on the footway.

As the single yellow line restriction is across the dropped kerb it is not unreasonable to assume that this dropped kerb falls within the exemption specified outside the restricted hours. It is also not unreasonable to assume that a double yellow line specifying no parking at any time should be painted across this kerb if the authority wishes to remove the exemption from parking regulations. (as there is on the opposite side of the same street)

In addition, the council seems to be aware of this issue acknowledged by Proposal 2 of the "Parking Common Sense 3 Policy Measures Cab Rep" dated 29th April 2010 - To protect all dropped footways lowered to assist pedestrians crossing the road throughout the borough by double yellow lines.

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 forthe purpose of providing information to road users as to the effect of section 86 (dropped footway parking) of the Traffic Management Act 2004 in their area.

As the prohibition was not signed and no exemption from placing traffic signs has been granted, I require you to cancel this penalty charge forthwith and to immediately cease enforcing the effects of section 86 of the TMA 2004 until the appropriate signage is placed or an exemption is enacted by statute.

Yours sincerely,
xxx

Coupon-mad

I see you've posted this on pepipoo as well, you'll get the most knowledgeable advice there.

I think that I may have read that the 'Special Enforcement Area' argument may no longer be useable...I think the loophole may have been closed, not sure? See what pepipoo say on your thread here:

http://forums.pepipoo.com/index.php?showtopic=53946

On your pepipoo thread you will find that - unlike on here - newbies CAN post full, working links so you may wish to go back and change them on there so they work. The pics are small and cropped as well - you'll need to re-post them I think, see the pepipoo sticky 'how to post pictures'.

pk222

Post updated with better pics

Wasn't sure whether the 'Special Enforcement Area' argument was useable or not - worth asking

Just seems strange that they have started to enforce it at least in this area - I guess not many other PCNs can be issued after 7/8PM at night