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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 118961--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: tincombe
Date: May 17, 2026, 8:59 am
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Then, if this is supported by the evidence, this applies and you
have no worries:
3)The second exception is where the vehicle is parked outside
residential premises by or with the consent (but not consent
given for reward) of the occupier of the premises.
The exception is not contingent upon the purpose of the raised
carriageway.
#Post#: 118962--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: helpmeplease22
Date: May 17, 2026, 9:00 am
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ok thank you so much. I will raise a formal challenge then in
response to the NTO. Will update you how I get on :)
#Post#: 118963--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: stamfordman
Date: May 17, 2026, 9:54 am
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When you get the NTO post draft reps here first.
#Post#: 120972--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: helpmeplease22
Date: June 6, 2026, 6:17 pm
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How is this ?
---
Formal Representation Against Notice to Owner
PCN Reference: [Insert PCN]
Vehicle Registration: [Insert VRM]
Location: [Insert Location]
I challenge this Notice to Owner on the primary ground that the
alleged contravention did not occur. The PCN is both factually
incorrect regarding the topography of the location and legally
void due to the application of a statutory exemption.
1. Procedural Invalidation via Topographical Error
The PCN states the vehicle was "parked in a special enforcement
area on part of the carriageway raised to meet the level of a
footway, cycle track or verge" (Code 28). This physical
description is false. The carriageway at this location has not
been raised. Rather, the footway is sloped down to meet the
level of the carriageway to facilitate vehicle access to a
residential driveway. The Civil Enforcement Officer has
conflated a dropped footway (Code 27) with a raised carriageway
(Code 28). Because the PCN alleges a contravention that
physically cannot have occurred at this location, the penalty is
procedurally defective and must be cancelled.
2. Statutory Exemption under Traffic Management Act 2004
Notwithstanding the CEO’s fatal error in coding the topography,
no parking contravention occurred. The location is a dropped
footway serving a single residential driveway. Section 86(3) of
the Traffic Management Act 2004 explicitly exempts vehicles
parked in a special enforcement area adjacent to a dropped
footway if the vehicle is parked outside residential premises
by, or with the consent of, the occupier.
As the registered keeper of the vehicle and the occupier of the
property at [Insert Address], I authorised the vehicle to be
parked in this location. The statutory exemption is fully
engaged.
I require immediate cancellation of the PCN. If this
representation is rejected, you must provide the CEO’s complete
topographical survey notes and photographic evidence
specifically proving a raised carriageway, rather than a sloped
footway, exists at this exact coordinate.
To accelerate the cancellation of this PCN, I have attached
photographic evidence confirming the existence of a dropped
footway, demonstrating unequivocally that the carriageway has
not been raised. Furthermore, I have attached proof of residency
at [Insert Address] to validate my authority to engage the
Section 86(3) exemption.
#Post#: 120987--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: tincombe
Date: June 7, 2026, 5:48 am
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Wrong tack IMO.
The kerb is considered to be part of the footway.
That another part of the footway slopes towards the kerb is not
the issue: it's whether the kerb has been lowered to meet the
carriageway and IMO your 'does this photo help' does help by
showing that the carriageway has been raised. If you scan either
side you can see that(as far as is possible in highway
engineering terms with a pre-existing kerb) the kerb is level.
IMO, your first (only?) argument should be the statutory
exemption, not a debate about raised v lowered.
#Post#: 120989--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: helpmeplease22
Date: June 7, 2026, 6:08 am
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Doesn't the statutory exemption only apply for a dropped kerb in
front of a driveway?
So in order to apply this - I need to show that the carriageway
has NOT in fact been raised to meet the footway ? (the alleged
contravention)
The presence of the dropped kerb evidences this point, because
had it been raised, then the dropped kerb could not possibly
exist.
#Post#: 120996--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: stamfordman
Date: June 7, 2026, 6:53 am
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It's a raised junction table. I thought we'd established this.
I would keep it simple and assume you were done for parking by
your crossover, as per their nonsense initial template
rejection, and pointing out it makes no sense and in any case
you can't be done for blocking your own exclusive access as it's
an exemption.
I'll draft something if you like.
Can you recall what the substance of your first challenge was.
HTML https://i.ibb.co/Q31GR0bg/image.png
#Post#: 120999--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: tincombe
Date: June 7, 2026, 7:11 am
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Doesn't the statutory exemption only apply for a dropped kerb in
front of a driveway?
As per stamfordman, NO.
86Prohibition of parking at dropped footways etc.
(1)In a special enforcement area a vehicle must not be parked on
the carriageway adjacent to a footway, cycle track or verge
where—
(a)the footway, cycle track or verge has been lowered to meet
the level of the carriageway for the purpose of—
(i)assisting pedestrians crossing the carriageway,
(ii)assisting cyclists entering or leaving the carriageway, or
(iii)assisting vehicles entering or leaving the carriageway
across the footway, cycle track or verge; OR
(b)the carriageway has, for a purpose within paragraph (a)(i) to
(iii), been raised to meet the level of the footway, cycle track
or verge.
This is subject to the following exceptions.
...
3)The second exception is where the vehicle is parked outside
residential premises by or with the consent (but not consent
given for reward) of the occupier of the premises.
This exception does not apply in the case of a shared driveway.
#Post#: 121029--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: helpmeplease22
Date: June 7, 2026, 2:32 pm
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Thanks for the quick replies. How is this revised draft ?
-----
Formal Representation Against PCN [Insert PCN Number]
Vehicle Registration: [Insert VRM]
Location of Alleged Contravention: [Insert Location]
Date of Issue: [Insert Date]
Grounds for Representation: The alleged contravention did not
occur.
I am the registered keeper of the vehicle [VRM] and the occupier
of the residential premises at [Insert Address]. I am
challenging the issuance of this Penalty Charge Notice on the
basis that a statutory exemption applies.
1. Statutory Exemption for Residential Occupiers
Under the Traffic Management Act 2004, a vehicle is exempt from
the prohibition of parking adjacent to a dropped footway if it
is parked outside residential premises by, or with the consent
of, the occupier.
The following conditions of this exemption are met:
- The premises are strictly residential.
- The driveway is for a single occupancy and is not shared with
any other property.
- I am the occupier of the property and explicitly grant myself
consent to park there.
- The vehicle was parked outside of any controlled hours for
waiting restrictions (yellow lines) at this location.
2. Topographical and Structural Facts
The physical layout of the location confirms its sole purpose as
a private crossover. Specifically, the footway slopes to meet
the carriageway at this precise point to facilitate vehicular
access exclusively to my property. It is not a pedestrian
crossing point, nor does it serve any other public utility.
3. Evidentiary Submission
Attached to this representation is documentary evidence
confirming:
- Proof of address and occupancy, establishing my right to the
statutory exemption.
- Photographic evidence demonstrating that the footway slopes to
meet the carriageway directly in front of my unshared, private
driveway, and that the vehicle was parked in accordance with the
exemption.
The enforcement officer has failed to establish that an
actionable contravention occurred. I require the immediate
cancellation of this PCN.
#Post#: 121032--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: stamfordman
Date: June 7, 2026, 2:49 pm
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No, this is not the right approach and looks like AI to me.
Can you recall what you said in your initial challenge?
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