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#Post#: 12906--------------------------------------------------
Code 27 Redbridge - Special Enforcement Area (dropped kerb)
DIR By: M456
Date: December 24, 2023, 1:10 pm
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Hi All,
I have now understood I received this PCN as the car bumper is
slightly overhanging the dropped kerb. I challenged on the basis
that contravention did not occur, but this has been rejected. I
am wondering if it is worth appealing further or just paying the
discounted rate?
PCN:
HTML https://drive.google.com/file/d/1f1ixanKrfR8W3GpJ3bn79RLcqeXlKrEO/view
PCN2:
HTML https://drive.google.com/file/d/1jWOl_oi-vRorqBrylK6uvswoHyvsGNTD/view
Rejection Letter :
HTML https://drive.google.com/file/d/1gG682V0zet1fWxwPhf5fAk8ZDNrOyoOI/view?usp=sharing
Images
1.
HTML https://drive.google.com/file/d/12I-8yen_RrcvFy8BnirQBQm_1F1FQ_wb/view
2.
HTML https://drive.google.com/file/d/1MTjA8ch-9y0CxNnfkTRimtqRpv5gv_kp/view
3.
HTML https://drive.google.com/file/d/1hvBq6d48Vq_3maZnMtYticy1UWuzA0oi/view
4.
HTML https://drive.google.com/file/d/1a4sCKq10ebgpUYmGEtqt1LhYaoxPThpw/view
5.
HTML https://drive.google.com/file/d/1HTnWB5Md5ePk983Je86Q4pMW2kc_cs9x/view
6.
HTML https://drive.google.com/file/d/13DWAai5MVjiltowcNN-K-8oEjMBfirhi/view
Google Location:
HTML https://www.google.com/maps/@51.5683437,0.0906782,3a,75y,192.16h,77.05t/data=!3m6!1e1!3m4!1su0wIi79suGqMYGeT-xpKcQ!2e0!7i16384!8i8192?entry=ttu
#Post#: 12907--------------------------------------------------
Re: Code 27 Redbridge - Special Enforcement Area (dropped kerb)
DIR By: Pastmybest
Date: December 24, 2023, 1:44 pm
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Post the PCN your challenge and the rejection IMO it's worth
fighting but lets see the docs
#Post#: 13008--------------------------------------------------
Re: Code 27 Redbridge - Special Enforcement Area (dropped kerb)
DIR By: M456
Date: December 28, 2023, 5:10 am
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The PCN and rejection letter were linked in the original posts.
Any other thoughts on this as the discount period ends tomorrow?
#Post#: 13023--------------------------------------------------
Re: Code 27 Redbridge - Special Enforcement Area (dropped kerb)
DIR By: Pastmybest
Date: December 28, 2023, 12:21 pm
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the Photos only show you level with the sloping kerb which is
not a contravention so I would carry on if that is your intent
wait for the NTO then post it here and we will help you draft a
representation.
It is at adjudication that i would expect to win, but you need
go through this step first
#Post#: 13025--------------------------------------------------
Re: Code 27 Redbridge - Special Enforcement Area (dropped kerb)
DIR By: H C Andersen
Date: December 28, 2023, 12:51 pm
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OP, you're caught in the jaws of a process in which the
authority are judges in their own cause....at the discount and
at the moment. That's just the way it is.
Their mindset either considers their CEOs to be infallible
and/or genuinely believes that the sloping part of a kerb is
part of the prohibited area.
They are wrong on both counts.
Your choice: cut and run, pay the discount because you think
that the council must be correct..surely they must be, they're
professional etc. etc.
Or take our view.
As someone with 25+ years' council experience, I can tell you
that their view is wrong and that the only person on God's earth
who is presumed - by many- to be infallible is the Pope, not
your local council.
This is a statutory prohibition which has been adjudicated
extensively over the years. The prohibited area does not include
sloping kerbstones or anywhere else which is not a length of
footway [actually] lowered to meet the carriageway.
#Post#: 13028--------------------------------------------------
Re: Code 27 Redbridge - Special Enforcement Area (dropped kerb)
DIR By: M456
Date: December 28, 2023, 2:55 pm
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Thank you, I won't pay and will go through the process
#Post#: 13035--------------------------------------------------
Re: Code 27 Redbridge - Special Enforcement Area (dropped kerb)
DIR By: fraser.mitchell
Date: December 28, 2023, 6:21 pm
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And, of course, they keep all the money if you cough-up, so ask
yourself, how can they be unbiased judges of your
representations ? The plain fact is councils reject nearly 99%
of reps knowing that most people then cough-up.
#Post#: 15096--------------------------------------------------
Re: Code 27 Redbridge - Special Enforcement Area (dropped kerb)
DIR By: M456
Date: February 5, 2024, 5:58 pm
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Hello Again All,
I have now received the notice to owner. Is anyone able to
advise what I should be in the representations?
Notice to owner
Page 1
HTML https://drive.google.com/file/d/1Rnb4vWIbqF0dtztmrumTa0UeCfxLNlJm/view?usp=sharing
Page 2
HTML https://drive.google.com/file/d/1SZbwJczNFMJn-mDYOzna9s48dO4h9T6s/view?usp=sharing
Page 3
HTML https://drive.google.com/file/d/1RpE1fyqFbNSaH246HSAcSI0JoXJIkxz1/view?usp=sharing
Page 4
HTML https://drive.google.com/file/d/11R8RZ3M8ibGwdx-woDeX2PWYhVd9zcv9/view?usp=sharing
Thank you
#Post#: 15124--------------------------------------------------
Re: Code 27 Redbridge - Special Enforcement Area (dropped kerb)
DIR By: Pastmybest
Date: February 6, 2024, 10:57 am
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I will draft a representation for you in the next few days
#Post#: 15297--------------------------------------------------
Re: Code 27 Redbridge - Special Enforcement Area (dropped kerb)
DIR By: M456
Date: February 9, 2024, 5:40 am
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I wasn't able wait as I would have missed the deadline. So sent
the following:
Dear Sir / Madam I am writing to make representations against a
Penalty Charge Notice received on 14/11/2023, the contravention
detailed as follows: 27 - PARKED IN A SPECIAL ENFORCEMENT AREA
ADJACENT TO A FOOTWAY, CYCLE TRACK OR VERGE LOWERED TO MEET THE
LEVEL OF THE CARRIAGEWAY.
I refer you to Right Contract Services LTD v London Borough of
Hillingdon (case reference 2160311942): "This appeal was set
down for a personal hearing at 10:00 am on 17 August 2016.
Neither party attended. The Authority says that the
contravention occurred because the vehicle parked past the point
where the kerb starts to slope. This is an incorrect
understanding of the law. Section 86 (1) of the Traffic
Management Act 2004 provides that (In a special enforcement
area) a vehicle must not be parked on the carriageway adjacent
to a footway, cycle track or verge where the footway, cycle
track or verge has been lowered to meet the level of the
carriageway for one of the purposes stated in the section. This
means that the dropped kerb is the part of the kerb which meets
the level of the carriageway and does not include the sloping
kerbs on either side. In misdirecting itself on the key and
fundamental point of law when considering the Appellant's
representations, there is a procedural impropriety on the part
of the Authority. I should say that by applying the correct
test, I am satisfied that the Appellant's vehicle was just over
the proper dropped kerb but it was so marginal that I find it to
be de minimus. I allow the appeal." Therefore the sloping part
of the kerb does not constitute part of the dropped kerb and
hence the alleged contravention did not occur:
Please also find the enclosed print out from taken from The
London Council’s own ‘Civil Enforcement Officers Handbook
(Version 2)’. In particular I refer to to section A - Vehicle
Overhang: “A CEO should only issue a PCN if the vehicle is
parked incorrectly to the extent that at least one wheel is
wholly in contravention, for example a wheel being wholly
outside the parking bay or wholly on a yellow line. If all of
the wheels are within the confines of the bay but the vehicle is
large and overhangs the bay to such an extent that it causes an
obstruction equal to a normally-sized vehicle with one wheel
wholly in contravention, then a PCN can also be issued. CEOs
must use their judgement on this, and record any evidence
(especially photographic) that proves the contravention.”
The photos do not show any part of my car was causing a
contravention but if there was any cause for debate then any
alleged contravention would be caught be the de minimus
principle and the above guidance. This PCN therefore should not
have been issued and I look forward to receiving confirmation
that the PCN has been cancelled.
I look forward to receiving acknowledgement of these
representations. Many thanks,
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