Appeal against PCN for contravention 27

lucylooo

I just got back from a 2 month holiday to find that my car had been towed from the road on which i live. The car had been in the pound for 18 days, and at £40 per day, the storage alone cost me £720!!

The original PCN was for contravention 27 (parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway).

I had parked on this quiet London, residential road, in front of a dropped kerb. This dropped kerb (not the kind that is used to wheelchairs or bicycles - it's very short and steep and certainly a wheelchair wouldnt be able to use it (I know because my father uses one)), which is in the middle of the residential road and not near a junction, has been there for no apparent reason for the past 25 years that i have lived there. When i parked in front of this dropped kerb there was just a solid wall on the other side of the pavement.

When i returned from holiday and noticed that my car had been removed, the wall had been knocked down and some driveway gates had been built into the wall in front of the dropped kerb.

Does anyone know on what grounds i can appeal against the PCN? I am certainly going to appeal against the storage costs on the grounds i was on holiday, and against any suggestion that i was parked blocking the driveway because i was built since I parked there, but is there any grounds to also appeal against the fact that the kerb has been dropped for so many years without purpose and everyone on the street has parked in front of it for at least 25 years?

Thanks in advance for any help!

fil_cad

lucylooo, if that was me id hire the A TEAM and get it back with force thats what these scroutes need a taste of there own medicine! however im sure you will get some more legal advice on here shortly.

Coupon-mad

Read some other code 27 cases and towing away cases on pepipoo to get an understanding of what will be involved with your appeal.

Do not reply on the other threads you read, but do register and start your own topic:

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

Always appeal a Council tow all the way as there's nothing to lose, no risk, as you are out of pocket and this is your only chance for a risk-free refund (hopefully). It does seem you have grounds for appeal.

Read some pepipoo threads then start your own with pictures of all paperwork received, all sides of everything including the back of the PCN. As you will see from other threads there the experts do need the paperwork (just cover your car reg, PCN number and payment card details).

bobthesod

I read on another forum thaty parking alongside a dropped kerb is only illegal IF there is a car in the off road parking space, as it is illegal to block an exit.
However, it is not illegal to block an entrance!!! so if the guy isnt at home you can park. Nice in theory but i wouldnt like to count the damage on return

give_them_FA

I think (but stand to be corrected) that was the situation when the Police used to deal with it as obstruction. Probably with the accent now on making money, it no longer applies.

Coupon-mad

bobthesod wrote: »

I read on another forum thaty parking alongside a dropped kerb is only illegal IF there is a car in the off road parking space, as it is illegal to block an exit.
However, it is not illegal to block an entrance!!! so if the guy isnt at home you can park. Nice in theory but i wouldnt like to count the damage on return

Illegal? To park next to a dropped kerb?

No, it's not a crime.

But in many areas including anywhere in London it is a decriminalised Council 'contravention'. Doesn't mean it can't be appealed but not on the grounds you have posted.