Birmingham council PCN but no photographic evidence attached?

Pcngone

Hi I have received a pcn from Birmingham city council for a supposed contravention of “parking adjacent to a dropped footway 27”

however when going onto the gov website to view the evidence it just shows my vehicle details, road name and contravention description and that is all. No photo evidence has been uploaded at all. 

I was going to appeal the pcn with the following “ I am extremely distressed to return to my car and find a PCN for something I believe not to be an offence. The manner in which I was parked did not cause any obstruction to both the public footpath, nor the driveway to the property I was parked by. Before leaving my car parked I was able to speak to the property owner using the dropped footway in question and they assured me I wasn’t causing any obstructions for them to drive out of their driveway or drive onto it, and were happy for me to park in the way I did. What is more, I have not been able to see any uploaded photographic evidence that shows I am parked in an improper manner, nothing has been uploaded at all which leads me to further believe I have been issued this PCN in error”

And on the next page I was going to upload a picture of my car showing how it was parked but I am thinking since they don’t have the photo evidence and if I send the above, I may just be incriminating myself so how best to tackle this?

Hoenir

How much of the public footway were you obstructing. These are intended for wheelchair / mobility scooter use. 

Pcngone

It’s not that I was using the public footway. The pcn is saying I parked too close to a dropped kerb to a driveway. 

born_again

Sadly what the owner said about not obstructing does not negate the law.

Umkomaas

As we major on private parking tickets here, Free Traffic Legal Advice (FTLA) forum will be your best bet for council penalty charges. Register there but please note that a Hotmail address may not work - try using a throwaway Gmail account instead if you do have trouble registering, and post a new thread; here's your link:

https://www.ftla.uk/index.php?board=3.0

Read the sticky 'Read this first before posting your case' as well as reading through some of the other threads there ahead of posting your own details, to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received from the council (both sides, if appropriate), as they need to see all the small print.

Pcngone

born_again said:

Sadly what the owner said about not obstructing does not negate the law.

The Traffic Management Act 2004 states that to park across a dropped kerb is a parking contravention for which a Penalty Charge Notice can be issued. In Havering we only regard

“unfriendly” parking across a dropped kerb as a parking contravention. Put simply, if you park in a part of a road where there is a dropped kerb you are committing an offence UNLESS you have the permission of the owner of the property, or properties, using that dropped kerb.

KeithP

Pcngone said:

born_again said:

Sadly what the owner said about not obstructing does not negate the law.

The Traffic Management Act 2004 states that to park across a dropped kerb is a parking contravention for which a Penalty Charge Notice can be issued. In Havering we only regard

“unfriendly” parking across a dropped kerb as a parking contravention. Put simply, if you park in a part of a road where there is a dropped kerb you are committing an offence UNLESS you have the permission of the owner of the property, or properties, using that dropped kerb.

@Pcngone, you appear to be quoting from this webpage...
         www.havering.gov.uk/info/20004/parking/141/apply_for_a_dropped_kerb/2

Why do you think that something on the London Borough of Havering's website would have any relevance in Birmingham?

Pcngone

KeithP said:

Pcngone said:

born_again said:

Sadly what the owner said about not obstructing does not negate the law.

The Traffic Management Act 2004 states that to park across a dropped kerb is a parking contravention for which a Penalty Charge Notice can be issued. In Havering we only regard

“unfriendly” parking across a dropped kerb as a parking contravention. Put simply, if you park in a part of a road where there is a dropped kerb you are committing an offence UNLESS you have the permission of the owner of the property, or properties, using that dropped kerb.

@Pcngone, you appear to be quoting from this webpage...
         www.havering.gov.uk/info/20004/parking/141/apply_for_a_dropped_kerb/2

Why do you think that something on the London Borough of Havering's website would have any relevance in Birmingham?

ok keith, whether it does or doesnt its not the point of my thread. Im merely asking, the fact that i have a pcn issued without the attendant uploading any photographic evidence whatsoever, does this mean i can appeal the pcn easily and if so what should i write when i challenge the pcn

is coupon mad or le kirk and the like not around?

Coupon-mad

I am here but we don't advise on Local Authority penalties.  I am rusty on them.

Best advice is post on Ftla as Umkomaas signposted you to try. It's effectively the forum formerly known as pepipoo.  They are the experts.

Pcngone

thanks coupon just made a post for them, also just checked the pcn portal on the gov site, they have now uploaded the pics so we will see where we can go from here

Le_Kirk

Pcngone said:

is coupon mad or le kirk and the like not around?

Yep but as others have said, the expertise on council tickets is with FLTA: -

Since we concentrate on parking charge notices from unregulated private parking companies, you would be better off taking this over to our friends on https://ftla.uk  (the recently started forum to replace/supplement Pepipoo),  as they are the experts on council and police issues.

You will need register before reading the FAQs, then posting both sides of your PCN with your query.

Private

https://www.ftla.uk/private-parking-tickets/

Council

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/

Police

https://www.ftla.uk/speeding-and-other-criminal-offences/