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#Post#: 121033--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: helpmeplease22
Date: June 7, 2026, 3:48 pm
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I don't recall unfortunately and didn't save my informal
challenge. I'd be grateful for any advice / improved wording.
TYIA
#Post#: 121042--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: stamfordman
Date: June 7, 2026, 5:23 pm
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What date is the NTO. There is probably no rush.
#Post#: 121052--------------------------------------------------
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 pm
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5/6/26
#Post#: 121127--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: tincombe
Date: June 8, 2026, 8:33 am
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IMO, you just need what you've drafted to Statutory Exemption.
2 is unnecessary and 3 is easily dealt with in 1 by the suitable
addition of 'see attachments'
#Post#: 121136--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: stamfordman
Date: June 8, 2026, 9:36 am
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Try this. I'm playing dumb and not taking on the pedestrian
crossing prohibition which I think is why the PCN was issued -
let them try and argue this given their silly initial rejection.
--------------
I was puzzled to read your rejection of my initial challenge as
it appears to be template concerning a contravention that is not
alleged on the PCN.
The PCN was issued for 'Parked in a special enforcement area on
part of the carriageway raised to meet the level of a footway,
cycle track or verge' - but you then refer to a dropped or
lowered kerb or footway. This makes no sense.
My car was parked adjacent to my own crossover for my house, and
is exclusive to my property and not shared with any other
property.
I have checked and this is an exemption to the alleged
contravention under Section 86 of the Traffic Management Act
2004, which states that an exception to the prohibition of
'assisting vehicles entering or leaving the carriageway across
the footway, cycle track or verge' where 'the carriageway has...
been raised to meet the level of the footway, cycle track or
verge' 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.
As I was parked with my own consent outside my own premises the
contravention did not occur.
I look forward to your early confirmation of cancellation the
PCN.
#Post#: 121144--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: helpmeplease22
Date: June 8, 2026, 10:18 am
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This looks great, thank you ! I will submit it :)
#Post#: 121147--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: stamfordman
Date: June 8, 2026, 10:34 am
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Wait for tincombe to have a look.
#Post#: 121150--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: helpmeplease22
Date: June 8, 2026, 10:45 am
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Can I suggest a slightly different drafting?
---
I am challenging the issuance of the above PCN on the statutory
grounds that the alleged contravention did not occur.
The PCN explicitly alleges a contravention for parking on a
"carriageway raised to meet the level of a footway." This
physical infrastructure does not exist at the location of the
vehicle. As demonstrated in the attached photographic evidence
(IMG20260504102158 (2).jpg), the carriageway is entirely flat.
It is the footway that is sloped down to the carriageway.
Because the CEO has cited a topographical feature that is not
present at the location, the specific contravention alleged on
the PCN could not have occurred.
Notwithstanding the fatal procedural error above, the
infrastructure that actually exists at the location my car was
parked is a footway lowered strictly for the engineering purpose
defined in Section 86(1)(a) of the Traffic Management Act 2004:
assisting vehicles entering or leaving the carriageway across
the footway.
Therefore, the absolute exemption detailed in Section 86(3) of
the Traffic Management Act 2004 applies in full. The statute
dictates that the prohibition is nullified "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."
My vehicle was parked immediately adjacent to the crossover
exclusively serving my residential property at [the address]. As
the sole occupier of these residential premises, I provided
explicit consent for my vehicle to be parked at this location.
No reward was given or received for this consent. Attached is
proof of address and proof of ownership.
The alleged infrastructure does not exist, and the existing
infrastructure is subject to an absolute statutory exemption.
Please cancel the PCN immediately.
#Post#: 121158--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: tincombe
Date: June 8, 2026, 11:13 am
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As I posted earlier, IMO you do not need anything more than the
statutory exemption at this stage.
#Post#: 121160--------------------------------------------------
Re: Barnet - PCN 28 - Parking in a special enforcement area,
yellow line in front of own driveway
DIR By: stamfordman
Date: June 8, 2026, 11:19 am
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I tried to get you on the right track but failed.
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