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#Post#: 123019--------------------------------------------------
Re: Ealing Council - Contravention 27 parked on lowered kerb,
Ellison Gardens
DIR By: fraser.mitchell
Date: June 25, 2026, 6:22 pm
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--- Quote from: Haychv link ---
>
> Thank you, Ill wait for the NTO. Would you be able to draft
something I can use for formal rep/tribunal please?
>
--- End Quote ---
We can put something together but prefer an OP to write their
own and then we review it. You should base your formal reps on
you informal challenge, but beefed up to emphasise the full
content of S86 TMA 2003, which they have ignored. If it gets to
London Tribunals you would be quite justified in asking for
costs when you win. If you can read S86 in full, why can't they
! The sheer mendacity of their reply beggars belief !
#Post#: 123030--------------------------------------------------
Re: Ealing Council - Contravention 27 parked on lowered kerb,
Ellison Gardens
DIR By: Haychv
Date: June 26, 2026, 4:03 am
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Here's a rep that I've drafted, please let me know what you
think:
Dear Sir/Madam,
I make formal representations against the above Penalty Charge
Notice on the basis that the alleged contravention did not
occur.
The PCN is issued for parking adjacent to a dropped footway.
However, Section 86 of the Traffic Management Act 2004 expressly
disapplies this prohibition in certain circumstances, including:
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. Traffic
Management Act 2004
This is a clear statutory exemption.
At the time of the alleged contravention:
parking bay, and
authorised
Accordingly, the exemption under Section 86 applies directly.
Therefore, no contravention can occur in law.
In my informal challenge, I clearly raised:
Your rejection fails to engage with this point at all and
appears to rely on a standard/template response. A failure to
properly consider a material representation amounts to a
procedural impropriety.
For completeness:
that has been lowered to meet the carriageway level
If your allegation relies on those transition kerbs, it is
misconceived.
#Post#: 123041--------------------------------------------------
Re: Ealing Council - Contravention 27 parked on lowered kerb,
Ellison Gardens
DIR By: stamfordman
Date: June 26, 2026, 5:42 am
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That looks mostly OK but you can't send it until you get an NTO.
The last bit about sloping kerbs is not right as the car was
clearly by a fully lowered section of kerb.
Looking at Maps it seems there is a vehicle gate but it's now to
the left of the lowered kerb and so the lowered kerb is
redundant. There was a vehicle crossover access there but this
sequence from 2024 to 2021 to 2019 shows changes.
But this is irrelevant but can be added for their information.
HTML https://i.ibb.co/wbYb2vC/Screenshot-2026-06-26-at-11-37-47.png
HTML https://i.ibb.co/fzypBRRH/Screenshot-2026-06-26-at-11-40-14.png
HTML https://i.ibb.co/9kqCwdHt/Screenshot-2026-06-26-at-11-40-07.pngbe<br
/>added
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