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Contravention Code 27

Hi All - your assistance would be greatly appreciated. I received a PCN in relation to Contravention Code 27. I appealed and received the below response from Newham Parking & Traffic Enforcement Team. How can I counterattack it:

You were given a Penalty Charge Notice for parking at a point where the pavement slopes down to meet the road. These points make it easier for people to cross the road, especially people with prams or wheelchairs, and so need to be kept clear.
No signs or lines are required in order to enforce parking adjacent to dropped footways. This is because it is a statutory prohibition that is in the Highway Code. It is therefore a contravention everywhere unless otherwise stated by signs.
The Penalty Charge Notice was issued for being parked adjacent to a dropped footway. The Civil Enforcement Officer’s notes and photographs at the time indicate that before issuing the PCN, the vehicle in question had been adjacent to a dropped pedestrian footway. Any vehicle parked in such a manner may be issued with a PCN.
A dropped kerb is put in place to assist pedestrians, wheelchair users and people with buggies to cross the road. It also allows vehicles to enter or leave the road across the footway or verge, hence it must always remain clear of obstruction and there is no legal duty laid upon the Council to provide signs or lines indicating the prohibition, it is expected that drivers should be aware of this restriction as per the Highway Code. It is applicable at all times.

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    if this is council, you need to post over on pepipoo with scans of the front and back of the paperwork , they deal with council pcn`s
  • Tilt
    Tilt Posts: 3,599 Forumite
    As I said on the other thread, a dropped kerb for use by pedestrians dosn't require any kind of signage or traffic order. Your only hope of a successful appeal would be if the PCN was flawed in any way but other than that and if you are still within the discount period, I would pay the fine.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Coupon-mad
    Coupon-mad Posts: 149,341 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Matthelad wrote: »
    Hi All - your assistance would be greatly appreciated. I received a PCN in relation to Contravention Code 27. I appealed and received the below response from Newham Parking & Traffic Enforcement Team. How can I counterattack it:

    You were given a Penalty Charge Notice for parking at a point where the pavement slopes down to meet the road. These points make it easier for people to cross the road, especially people with prams or wheelchairs, and so need to be kept clear.
    No signs or lines are required in order to enforce parking adjacent to dropped footways. This is because it is a statutory prohibition that is in the Highway Code. It is therefore a contravention everywhere unless otherwise stated by signs.
    The Penalty Charge Notice was issued for being parked adjacent to a dropped footway. The Civil Enforcement Officer’s notes and photographs at the time indicate that before issuing the PCN, the vehicle in question had been adjacent to a dropped pedestrian footway. Any vehicle parked in such a manner may be issued with a PCN.
    A dropped kerb is put in place to assist pedestrians, wheelchair users and people with buggies to cross the road. It also allows vehicles to enter or leave the road across the footway or verge, hence it must always remain clear of obstruction and there is no legal duty laid upon the Council to provide signs or lines indicating the prohibition, it is expected that drivers should be aware of this restriction as per the Highway Code. It is applicable at all times.

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

    Post there. If you were only at the sloped part of the kerb at the edges of a driveway/dropped kerb, that is not a contravention.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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