DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 17352--------------------------------------------------
PCN Bolton Sherringham Place Adjacent to Dropped Footway
DIR By: student.223
Date: March 16, 2024, 8:30 am
---------------------------------------------------------
Hi,
My friend has received a PCN for parking adjacent to a dropped
footway.
I'm wondering if it's possible to appeal because of the street
name maybe being incorrect.
The PCN says Sherringham Drive, but she says she parked on
Lindrick Terrrace.
It's Sherringham Drive for a bit and then becomes Lindrick
Terrace.
I'm sure the council knows what they're doing but could someone
please take a look at this for me and advise.
Or if there's any other room for appeal.
Front of PCN
HTML https://i.imgur.com/r4OuaZU.jpeg
Back of PCN
HTML https://i.imgur.com/GRRoHNu.jpeg
Where she parked
HTML https://i.imgur.com/TIZfi48.jpeg
The Street Sign
HTML https://i.imgur.com/ILD8UY6.jpeg
I would be grateful for any advice.
Thank you 😊
#Post#: 17355--------------------------------------------------
Re: PCN Bolton Sherringham Place Adjacent to Dropped Footway
DIR By: slapdash
Date: March 16, 2024, 10:00 am
---------------------------------------------------------
Try a search for "wrong location". Sift through a few. That will
give you some ideas for an informal challenge. Post it for
comment first though.
It is generally fatal for a PCN to have incorrect location, but
what makes you think it is wrong ?
GSV may have the boundary incorrect. The authority may have maps
on line to give a better view of where the boundary is.
Also, download and share the photos. There will generally be
some on line.
Where you have highlighted her as being parked could conceivably
be ok, depending on exactly where she was. If part of the car is
overlapping the fully dropped part of the kerb the contravention
is made out, but if it is only the sloping part it is not in
contravention.
#Post#: 17492--------------------------------------------------
Re: PCN Bolton Sherringham Place Adjacent to Dropped Footway
DIR By: student.223
Date: March 17, 2024, 3:27 pm
---------------------------------------------------------
--- Quote from: slapdash link ---
>
> Try a search for "wrong location". Sift through a few. That
will give you some ideas for an informal challenge. Post it for
comment first though.
>
> It is generally fatal for a PCN to have incorrect location,
but what makes you think it is wrong ?
>
> GSV may have the boundary incorrect. The authority may have
maps on line to give a better view of where the boundary is.
>
> Also, download and share the photos. There will generally be
some on line.
>
> Where you have highlighted her as being parked could
conceivably be ok, depending on exactly where she was. If part
of the car is overlapping the fully dropped part of the kerb the
contravention is made out, but if it is only the sloping part it
is not in contravention.
>
--- End Quote ---
Thank you very much for your response and apologies for my lack
of response. I posted this and then promptly forgot about it.
:-\
She's saying she was parked in the area between the black car
and the sloped part. She wasn't actually parked on the sloped
part.
In terms of the location, she's familiar with those streets and
she said the part she was parked is Lindrick Terrace and not
Sherringham Place. You drive in, it's Sherringham Place and then
that becomes Lindrick Terrace.
Thank you for your advice.
When you say download the photos, which photos do you mean
please?
Kind regards
#Post#: 17493--------------------------------------------------
Re: PCN Bolton Sherringham Place Adjacent to Dropped Footway
DIR By: taffer87
Date: March 17, 2024, 3:46 pm
---------------------------------------------------------
--- Quote from: student.223 link ---
>
> [quote author=slapdash link=topic=1476.msg17355#msg17355
date=1710601246]
> Try a search for "wrong location". Sift through a few. That
will give you some ideas for an informal challenge. Post it for
comment first though.
>
> It is generally fatal for a PCN to have incorrect location,
but what makes you think it is wrong ?
>
> GSV may have the boundary incorrect. The authority may have
maps on line to give a better view of where the boundary is.
>
> Also, download and share the photos. There will generally be
some on line.
>
> Where you have highlighted her as being parked could
conceivably be ok, depending on exactly where she was. If part
of the car is overlapping the fully dropped part of the kerb the
contravention is made out, but if it is only the sloping part it
is not in contravention.
>
--- End Quote ---
Thank you very much for your response and apologies for my lack
of response. I posted this and then promptly forgot about it.
:-\
She's saying she was parked in the area between the black car
and the sloped part. She wasn't actually parked on the sloped
part.
In terms of the location, she's familiar with those streets and
she said the part she was parked is Lindrick Terrace and not
Sherringham Place. You drive in, it's Sherringham Place and then
that becomes Lindrick Terrace.
Thank you for your advice.
When you say download the photos, which photos do you mean
please?
Kind regards
[/quote]
Please post all the council photos from the council website -
since you have redacted the PCN number and Vehicle reg number we
need all the photos to be uploaded so we can give informed
advice rather than based on indirect information
#Post#: 17494--------------------------------------------------
Re: PCN Bolton Sherringham Place Adjacent to Dropped Footway
DIR By: slapdash
Date: March 17, 2024, 4:03 pm
---------------------------------------------------------
HTML https://bolton.zatappeal.com/
Typically the challenge link will show the council photos. Don't
submit a challenge yet.
HTML https://www.openstreetmap.org/#map=19/53.56881/-2.44376
The map above seems supportive of it being lindrick terrace,
plus she was parked fairly close to a road naming sign.
"Parked on" means different things to different people, if a
part of the car was encroaching upon the flat part of the
dropped kerb it's a contravention. Councils will often issue
when the encroachment is on the slope.
It's an odd place for a CEO. It maybe a response to a complaint,
sometimes these seem to involve appeasing the complainant.
#Post#: 17503--------------------------------------------------
Re: PCN Bolton Sherringham Place Adjacent to Dropped Footway
DIR By: fraser.mitchell
Date: March 17, 2024, 5:55 pm
---------------------------------------------------------
This GSV view (Au 2023) seems to show dropped kerbs opposite
each other, thus indicating the statutory ban on parking by the
dropped section is valid here.
HTML https://maps.app.goo.gl/28cGU6YPspBt5Jbn6
However, the offence is only made out if any part of the car
intrudes into the dropped section, the sloping kerbstones either
side are NOT part of this. So photos are needed of the alleged
contravention. Photos are not a legal requirement, but it would
be a particularly stupid CEO who didn't take any, because if the
appellant says there was no contravention, the council must
prove there was. SO the OP needs to download and post here the
council photos, or else give car reg number and PCN number so we
can go and look for ourselves.
I don't think the location argument is a winner, but opinions
may differ, and you'll only find out at adjudication on this
one.
#Post#: 17588--------------------------------------------------
Re: PCN Bolton Sherringham Place Adjacent to Dropped Footway
DIR By: student.223
Date: March 18, 2024, 11:54 am
---------------------------------------------------------
[member=59]slapdash[/member] [member=832]taffer87[/member]
[member=12]Incandescent[/member]
Thank you very much for your very clear responses and advice.
When I went to have a look for the photos as per your advice, it
says 'Unfortunately you are unable to appeal this charge at this
time'.
So I asked my friend and she said upon receiving the PCN she
sent an email saying 'I have received your PCN and I didn't park
there'; not realising that's her actually submitting an appeal.
Anyway, am I ok to come back to you when they reject the appeal?
#Post#: 17610--------------------------------------------------
Re: PCN Bolton Sherringham Place Adjacent to Dropped Footway
DIR By: fraser.mitchell
Date: March 18, 2024, 4:28 pm
---------------------------------------------------------
--- Quote from: student.223 link ---
>
> [member=59]slapdash[/member] [member=832]taffer87[/member]
[member=12]Incandescent[/member]
>
> Thank you very much for your very clear responses and advice.
>
> When I went to have a look for the photos as per your advice,
it says 'Unfortunately you are unable to appeal this charge at
this time'.
>
> So I asked my friend and she said upon receiving the PCN she
sent an email saying 'I have received your PCN and I didn't park
there'; not realising that's her actually submitting an appeal.
>
> Anyway, am I ok to come back to you when they reject the
appeal?
>
--- End Quote ---
Well, of course, but be aware that the keeper as per the V5
Registration Certificate for the vehicle has total esponsibility
in law for PCN payment or appeal. However this person can
nominate a person to act on their behalf.
#Post#: 17651--------------------------------------------------
Re: PCN Bolton Sherringham Place Adjacent to Dropped Footway
DIR By: slapdash
Date: March 19, 2024, 4:34 am
---------------------------------------------------------
At this point it was an informal representation.
She could try emailing them to ask for the photos. They might
oblige.
When it's rejected come back, or when she receives a notice ro
owner (don't make the mistake of not responding whilst waiting
for responses).
#Post#: 17715--------------------------------------------------
Re: PCN Bolton Sherringham Place Adjacent to Dropped Footway
DIR By: student.223
Date: March 19, 2024, 11:48 am
---------------------------------------------------------
--- Quote from: slapdash link ---
>
> At this point it was an informal representation.
>
> She could try emailing them to ask for the photos. They might
oblige.
>
> When it's rejected come back, or when she receives a notice ro
owner (don't make the mistake of not responding whilst waiting
for responses).
>
--- End Quote ---
Thank you. She has sent an email asking for the photos.
I will update with any communication from them.
Thank you for your time
*****************************************************
Page 1 of 2
DIR Next Page