Parking contravention 27

Bill_Taylor

I recently got a ticket for parking my vehicle in front of a dropped kerb.
To be honest I was totally unaware that there was such a contravention, there were certainly no yellow lines on the road, but having thought about it afterwards I can see that it could cause a problem for some people.
What I would like help with is whether or not I have grounds for appeal.
I am a courier driver (van) and I was making a delivery to a shop and I was only parked there for about 5 - 8 minutes.
A friend has suggested to me that if you are loading, you can legally park over a dropped kerb as long as you are there less than 20 minutes, but to be honest I don't want to rely on his say so.

Can anyone give me any guidance please?

esmerobbo

The relevant section your friend was referring too!

http://www.legislation.gov.uk/ukpga/2004/18/section/86

Orford

Code 27 does allow loading/unloading exemption. See page 33 here:
http://docs.google.com/viewer?a=v&q=cache:VhioSOFC-GcJ:www.cityoflondon.gov.uk/NR/rdonlyres/9CE529CA-127E-4BBA-8B0D-8454CAC20920/0/HT_PK_LondonCouncilsCivilEnforcementHandbook.pdf+Civil+Enforcement+Handbook&hl=en&gl=uk&pid=bl&srcid=ADGEESjY_9LJAIdY0O5C3r9pA31a27zDjF5ZhzU010SWDbHH5VHw9D-VZJk5qiRUPhVaqmy6cxbs_fkieQpxjFPTLsynvnqnm-84tBzeSioVwpX8LFLnxA2Kz-KtO9sqlDcTf1RZHqZP&sig=AHIEtbQmI2o17DiN-oxUE5O9JAmW3clPrQ

unsure

Obstructing a drive (dropped kerb/crossover) is a road traffic offence. There is no get out for being a delivery driver or "only being there a few minutes". Though a note in the window saying "delivering to XXXX address" and stating the date and time might buy a little leniency from a passing warden. As someone with a drive who's returned home and not been able to get in because someone has inconsiderately parked acrosss my drive my sympathy is limited. Imagine it's your house and someone blocks your front door so you can't get in or out when you want to...I'm sure you'd feel they shouldn't have done it and should have some sort of punishment to discourage repeat behaviour.
Occasionally, a delivery driver knocks on the door and asks if it's okay to park there for a minute or two: neither I nor my neighbour (shared drive) has ever said "no" but finding you can't get in or out of your drive when you want or need to is a blooming nuisance...and the culprit is guilty of a road traffic offence.

My advice would be pay up and learn the lesson.If you really feel you have no choice but to temporarily block someone's drive do the decent thing and ask.

Bill_Taylor

Thank you both very much for your replies, it looks like I have valid grounds for appealing then.

Bill_Taylor

Unsure, I too have a dropped kerb outside my house, and I can't believe it when someone parks across my drive when my van is on the drive. I often have to go hunting for the culprit at neighbours houses so I fully understand your frustration. The difference in this instance is that I was not obstructing any drive of any sort. I was parked outside a church car park and the car park is surrounded by two foot wide bollards. It is not possible for any car to use this 3 or 4 foot wide dropped kerb.

unsure

Billtaylor,
Then the crossover was probably intended for use by disabled people or prams/buggies. The latter group might be able to manage, the former might not.

esmerobbo

Exemptions to the Contravention of Parking at Dropped Kerbs
3.5.1 Exemptions to the contravention of parking at dropped kerbs are:
• alighting from a vehicle;
• vehicles used by the fire, ambulance or police services;
• where loading or unloading is taking place;
• vehicles used for waste collection, building works or road works;
• vehicles parked outside a driveway to residential premises with
the occupier’s consent (but see note below); and
• vehicles parked outside a shared driveway to residential premises
by, or with the consent of, residents at those premises

However you have to meet the requirements of loading/unloading

Rover_Driver

The exemption for a code 27 contravention for loading/unloading is s.86(5) (a)(b)&(c), Traffic Management Act 2004:


(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
(c)the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.

Coupon-mad

Bill Taylor, post on pepipoo for expert help to appeal; most people win:

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

Ignore people who tell you just to pay a Council PCN. Always appeal.

You will probably see why when you read a few threads on pepipoo and see how many mistakes with PCNs, letters, lines and signs, and traffic orders are made by so many Councils every day.

Also not all Councils enforce dropped kerbs without a complaint specifically from a householder (but CEOs issue PCNs anyway!).

Plus of course, loading gives you an exemption.

There will be more to add to these bare bones of appeal, so ask pepipoo for help this weekend. Register and start your own thread asap with pictures, just like other threads; see the pepipoo FAQs for how to post piccs there.

vax2002

Who gave you the ticket ?