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#Post#: 122288--------------------------------------------------
Ealing Council - Contravention 27 parked on lowered kerb,
Ellison Gardens
DIR By: Haychv
Date: June 18, 2026, 6:14 pm
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My mother had parked outside a GP 7am in the morning (GP opens
at 8am) on part of the road where the kerb is lowered. The
lowered kerb is marked with lines indicating a bay and
suggesting parking is allowed. Furthermore, the car was not
blocking any gate or entrace of any sort.
She was given a PCN 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.
There was also no signs mentioning that parking isn't allowed.
Given these reasons above (GP not yet open/lines suggesting
bay/no entrace blocked/no signs), is it worth appealing?
I have drafted this with the use of AI:
Hi,
I wish to challenge this PCN on the basis that the restriction
was not clearly conveyed.
The location is marked as a parking bay, and the bay markings
extend right up to the dropped kerb. This creates a legitimate
expectation that parking is permitted in that space.
There are no yellow lines, and no signage indicating that part
of the bay is restricted. The layout is misleading and invites
drivers to park there.
A reasonable driver would conclude that the marked bay includes
the area adjacent to the kerb.
As the council has a duty to ensure restrictions are clear and
not misleading, I request that the PCN be cancelled.
The PCN number:AO10229272
Vehicle Registration: KS15KSJ
Street view link:
HTML https://maps.app.goo.gl/VCWv7TEcoQbwEyjEA
HTML https://cdn.imgpile.com/f/rtrJh7Q_xl.jpg
HTML https://cdn.imgpile.com/f/facgQ5K_xl.jpg
HTML https://cdn.imgpile.com/f/Gy3DIeA_xl.jpg
#Post#: 122316--------------------------------------------------
Re: Ealing Council - Contravention 27 parked on lowered kerb,
Ellison Gardens
DIR By: stamfordman
Date: June 19, 2026, 4:06 am
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No contravention - clearly car was in a parking place. The law
says:
The first exception is where the vehicle is parked wholly within
a designated parking place or any other part of the carriageway
where parking is specifically authorised.
HTML https://www.legislation.gov.uk/ukpga/2004/18/section/86
You only need to say:
There was no contravention as my car was parked in a designated
parking place.
As you are no doubt aware this is an exception to the
prohibition of parking at dropped footways.
I look forward to your early cancellation of this PCN and
respectfully suggest you review your training of CEOs.
HTML https://i.ibb.co/mV6zHK50/Screenshot-2026-06-19-at-09-58-22.png
HTML https://i.ibb.co/LdvnBHkp/Screenshot-2026-06-19-at-09-58-07.png
HTML https://i.ibb.co/N4ZbSJS/Screenshot-2026-06-19-at-09-58-00.png
HTML https://i.ibb.co/Ld8pHDZg/Screenshot-2026-06-19-at-09-57-53.png
HTML https://i.ibb.co/JFRv1Z6y/Screenshot-2026-06-19-at-09-58-39.png
#Post#: 122317--------------------------------------------------
Re: Ealing Council - Contravention 27 parked on lowered kerb,
Ellison Gardens
DIR By: fraser.mitchell
Date: June 19, 2026, 4:07 am
---------------------------------------------------------
The marked bay trumps the lowered kerb, so sho should submit
reps on the basis that she parked in a marked bay, therefore the
contravention did not occur.
#Post#: 122963--------------------------------------------------
Re: Ealing Council - Contravention 27 parked on lowered kerb,
Ellison Gardens
DIR By: Haychv
Date: June 25, 2026, 8:22 am
---------------------------------------------------------
Hi guys,
Thanks for your support. I sent the following appeal and was
fairly confident that it would get appealed:
There was no contravention as my car was parked in a designated
parking place.
As you are no doubt aware this is an exception to the
prohibition of parking at dropped footways.
I look forward to your early cancellation of this PCN and
respectfully suggest you review your training of CEOs.
Today I got the council's reply and they have rejected it which
doesn't make sense since the first exception to Section 86
clearly applies. This was their reply:
HTML https://cdn.imgpile.com/f/BLTDMCB_xl.png
HTML https://cdn.imgpile.com/f/6tBjQvT_xl.png
What should my next course of action be or am I unlikely to get
this appealed?
#Post#: 122965--------------------------------------------------
Re: Ealing Council - Contravention 27 parked on lowered kerb,
Ellison Gardens
DIR By: fraser.mitchell
Date: June 25, 2026, 8:45 am
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Section 86 of the TMA 2004
--- Quote ---
> 86 Prohibition 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.
> (2)The first exception is where the vehicle is parked wholly
within a designated parking place or any other part of the
carriageway where parking is specifically authorised.
>
> A “designated parking place” means a parking place designated
by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic
Regulation Act 1984 (c. 27).
--- End Quote ---
This should be a slam-dunk win at London Tribunals, but first
you must wait for the Notice to Owner, and submit reps against
that, pointing out their mendacity in quoting Section 86, but
ignoring the exemptions
So is your mother the owner of the car and is the address on her
V5C Registration Certificate up-to-date ?
#Post#: 122967--------------------------------------------------
Re: Ealing Council - Contravention 27 parked on lowered kerb,
Ellison Gardens
DIR By: stamfordman
Date: June 25, 2026, 9:04 am
---------------------------------------------------------
If they don't cancel at next stage a costs application is in
order. They have just ignored your challenge and sent template.
#Post#: 122970--------------------------------------------------
Re: Ealing Council - Contravention 27 parked on lowered kerb,
Ellison Gardens
DIR By: John U.K.
Date: June 25, 2026, 9:11 am
---------------------------------------------------------
Their description and illustration of a dropped kerb is also
false. It does not unclude the sloping kerbs (which Ealing call
'height transition kerb').
#Post#: 122996--------------------------------------------------
Re: Ealing Council - Contravention 27 parked on lowered kerb,
Ellison Gardens
DIR By: Haychv
Date: June 25, 2026, 2:11 pm
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> Section 86 of the TMA 2004
>
> [quote]86 Prohibition 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.
> (2)The first exception is where the vehicle is parked wholly
within a designated parking place or any other part of the
carriageway where parking is specifically authorised.
>
> A “designated parking place” means a parking place designated
by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic
Regulation Act 1984 (c. 27).
--- End Quote ---
This should be a slam-dunk win at London Tribunals, but first
you must wait for the Notice to Owner, and submit reps against
that, pointing out their mendacity in quoting Section 86, but
ignoring the exemptions
So is your mother the owner of the car and is the address on her
V5C Registration Certificate up-to-date ?
[/quote]
Me and my mum share the car and I’m the registered keeper.
Address is also up to date.
#Post#: 123003--------------------------------------------------
Re: Ealing Council - Contravention 27 parked on lowered kerb,
Ellison Gardens
DIR By: fraser.mitchell
Date: June 25, 2026, 3:24 pm
---------------------------------------------------------
If you want to pursue the matter, you should now wait for the
Notice to Owner, submit a formal representation to that,
including the full text of S86 to rub their noses in it, and
when rejected, register an appeal at London Tribunals.
Of course, they may fold when they see the full S86, but these
people are mendacious, venal, and rapacious so you'll probably
have to go to London Tribunals. Only the PCN penalty is in play,
there are no other costs whatsoever.
#Post#: 123015--------------------------------------------------
Re: Ealing Council - Contravention 27 parked on lowered kerb,
Ellison Gardens
DIR By: Haychv
Date: June 25, 2026, 6:02 pm
---------------------------------------------------------
Thank you, I’ll wait for the NTO. Would you be able to draft
something I can use for formal rep/tribunal please?
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