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#Post#: 32507--------------------------------------------------
PCN code 27 - Leyton Road/Rose Way E20 - Parked in special
enforcement area
DIR By: bertie21980
Date: August 6, 2024, 7:59 pm
---------------------------------------------------------
Hi everyone, I received a PCN code 27 - parked in a special
enforcement area to a footway, cycle track or verge lowered to
meet the level of the carriageway. I was doing a delivery and
parked on Rose Way, just off the Leyton Road junction. To be
honest I was a bit careless in where I was parked but I did make
sure I was not parked on the dropped kerb. I think it took me 2
minutes to do the delivery but it still wasn't good enough for
the officer.
Link to street view
HTML https://maps.app.goo.gl/gXeVdtENxwXX7s6G8
HTML https://maps.app.goo.gl/gXeVdtENxwXX7s6G8
HTML https://i.ibb.co/wRBVrHQ/pcn-front.jpg
HTML https://ibb.co/drjFJ9p
HTML https://i.ibb.co/ykBtbYJ/pcn-back.jpg
HTML https://ibb.co/DMghS8n
HTML https://i.ibb.co/1KjLNLW/front-1.jpg
HTML https://ibb.co/FJCK1KT
HTML https://i.ibb.co/0XdmGCQ/back-1.jpg
HTML https://ibb.co/wLxBzSY
HTML https://i.ibb.co/Sxgv0Zg/back-2.jpg
HTML https://ibb.co/kyTc0PT
HTML https://i.ibb.co/qFBhZr8/back.jpg
HTML https://ibb.co/sJjcBV4
I was going to pay without appealing it but I recently noticed
that its actually a road that I was parked on (not some private
area) so I decided to get a second opinion. Any advice would be
appreciated.
#Post#: 32517--------------------------------------------------
Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special
enforcement area
DIR By: fraser.mitchell
Date: August 7, 2024, 3:43 am
---------------------------------------------------------
I suppose it depends on one's definition of "adjacent to". One
photo does show that you are mostly blocking the path of a
pedestrian crossing this entrance to private property. It is not
a road because the public don't have unrestricted access,
because there are gates.
#Post#: 32542--------------------------------------------------
Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special
enforcement area
DIR By: H C Andersen
Date: August 7, 2024, 6:06 am
---------------------------------------------------------
IMO, the contravention did not occur.
The contravention is given as:
Parked [] adjacent to a footway, cycle track or verge
lowered to meet the level of the carriageway.
The council have conveniently marked the extent of the
prohibited dropped footway being the area marked in yellow
adjacent to and at the level of the carriageway. This is flanked
on either side by sloping kerbstones which as a matter of law
are excluded from the prohibited area because they do not
satisfy the criterion of meeting the carriageway.
The contravention in this case has 2 main elements:
To be parked on a carriageway;
To be parked adjacent to a dropped footway which meets the
carriageway.
The CEO's photos show that the contravention did not occur
because the only part of my vehicle which was parked adjacent to
the footway was my rear nearside wheel which I estimate was at
least 3 feet outside the prohibited area, indeed even well
beyond the sloping kerbstone at that point. No other part of my
vehicle was adjacent to the footway and therefore the
contravention did not occur.
Are my thoughts.
#Post#: 32599--------------------------------------------------
Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special
enforcement area
DIR By: Pastmybest
Date: August 7, 2024, 12:51 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> IMO, the contravention did not occur.
>
> The contravention is given as:
> Parked [] adjacent to a footway, cycle track or verge
lowered to meet the level of the carriageway.
>
>
> The council have conveniently marked the extent of the
prohibited dropped footway being the area marked in yellow
adjacent to and at the level of the carriageway. This is flanked
on either side by sloping kerbstones which as a matter of law
are excluded from the prohibited area because they do not
satisfy the criterion of meeting the carriageway.
>
> The contravention in this case has 2 main elements:
> To be parked on a carriageway;
> To be parked adjacent to a dropped footway which meets the
carriageway.
>
> The CEO's photos show that the contravention did not occur
because the only part of my vehicle which was parked adjacent to
the footway was my rear nearside wheel which I estimate was at
least 3 feet outside the prohibited area, indeed even well
beyond the sloping kerbstone at that point. No other part of my
vehicle was adjacent to the footway and therefore the
contravention did not occur.
>
> Are my thoughts.
>
--- End Quote ---
Agreed
#Post#: 32622--------------------------------------------------
Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special
enforcement area
DIR By: bertie21980
Date: August 7, 2024, 4:56 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> IMO, the contravention did not occur.
>
> The contravention is given as:
> Parked [] adjacent to a footway, cycle track or verge
lowered to meet the level of the carriageway.
>
>
> The council have conveniently marked the extent of the
prohibited dropped footway being the area marked in yellow
adjacent to and at the level of the carriageway. This is flanked
on either side by sloping kerbstones which as a matter of law
are excluded from the prohibited area because they do not
satisfy the criterion of meeting the carriageway.
>
> The contravention in this case has 2 main elements:
> To be parked on a carriageway;
> To be parked adjacent to a dropped footway which meets the
carriageway.
>
> The CEO's photos show that the contravention did not occur
because the only part of my vehicle which was parked adjacent to
the footway was my rear nearside wheel which I estimate was at
least 3 feet outside the prohibited area, indeed even well
beyond the sloping kerbstone at that point. No other part of my
vehicle was adjacent to the footway and therefore the
contravention did not occur.
>
> Are my thoughts.
>
--- End Quote ---
I forgot to mention that the pictures are from my phone. The CEO
pictures are different. I will see if I can put them up here.
But after reading this, I'm now confident enough to make an
appeal. This incident happened last month so I will do it by
this Friday.
#Post#: 32633--------------------------------------------------
Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special
enforcement area
DIR By: bertie21980
Date: August 7, 2024, 8:05 pm
---------------------------------------------------------
I should have posted this at the top. But anyway here are the
pics form the CEO..
HTML https://i.imgur.com/Y3A4248.jpeg
HTML https://i.imgur.com/XY48pLx.jpeg
HTML https://i.imgur.com/I7p8GHF.jpeg
HTML https://i.imgur.com/RoXlH8g.jpeg
HTML https://i.imgur.com/JZAYp16.jpeg
HTML https://i.imgur.com/lwIiIbc.jpeg
#Post#: 32639--------------------------------------------------
Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special
enforcement area
DIR By: H C Andersen
Date: August 8, 2024, 3:17 am
---------------------------------------------------------
Thanks for posting these.
No times though?
Any way, I'd be tempted to add to your reps...
The CEO's photos show that the contravention did not occur
because the only part of my vehicle which was parked adjacent to
the footway was my rear nearside wheel which I estimate was at
least 3 feet outside the prohibited area, indeed even well
beyond the sloping kerbstone at that point. No other part of my
vehicle was adjacent to the footway and therefore the
contravention did not occur. They also attempt to show that
pedestrians were impeded by the presence of my vehicle, however,
this is not the test. The contravention is as defined and just
as a motorist would not be permitted to park in the prohibited
area even if they were not obstructing pedestrians similarly the
authority cannot misapply the contravention simply because part
of a vehicle - in this case at least 6 feet from the footway-
might impede pedestrians.
#Post#: 32874--------------------------------------------------
Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special
enforcement area
DIR By: bertie21980
Date: August 10, 2024, 8:32 am
---------------------------------------------------------
Ok , so this is what I will type in my appeal...
--- Quote ---
> I am writing to challenge this PCN as I believe the alleged
contravention did not occur.
>
> The contravention is given as follows:
> Parked adjacent to a footway, cycle track or verge lowered to
meet the level of the carriageway.
>
> The council have conveniently marked the extent of the
prohibited dropped footway being the area marked in yellow
adjacent to and at the level of the carriageway. This is flanked
on either side by sloping kerbstones which as a matter of law
are excluded from the prohibited area because they do not
satisfy the criterion of meeting the carriageway.
>
> The contravention in this case has 2 main elements:
> To be parked on a carriageway;
> To be parked adjacent to a dropped footway which meets the
carriageway.
>
> The CEO's photos show that the contravention did not occur
because the only part of my vehicle which was parked adjacent to
the footway was my rear nearside wheel which I estimate was at
least 3 feet outside the prohibited area, indeed even well
beyond the sloping kerbstone at that point. No other part of my
vehicle was adjacent to the footway and therefore the
contravention did not occur. They also attempt to show that
pedestrians were impeded by the presence of my vehicle, however,
this is not the test. The contravention is as defined and just
as a motorist would not be permitted to park in the prohibited
area even if they were not obstructing pedestrians similarly the
authority cannot misapply the contravention simply because part
of a vehicle - in this case at least 6 feet from the footway-
might impede pedestrians.
>
> In light of the above the alleged contravention did not occur
and the penalty charge must be cancelled.
--- End Quote ---
And I guess I should also add the pics I have taken with my
phone camera as supporting evidence?
#Post#: 36529--------------------------------------------------
Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special
enforcement area
DIR By: bertie21980
Date: September 11, 2024, 6:37 pm
---------------------------------------------------------
Hi everyone.
Newham Council wrote back to me and they have rejected my appeal
HTML https://i.ibb.co/Z18YCd7/leyton-road-rejection-letter-1.png
HTML https://ibb.co/5x8nVTw
HTML https://i.ibb.co/gzMzFDt/leyton-road-rejection-letter-2.png
HTML https://ibb.co/6gRgJ4D
I'm guessing the pictures that I have taken (the first 4
pictures at the top of this thread) is more in favour of my view
as its shows my back wheel is away from the dropped kerb
compared to the CEO pictures which doesn't show a clearer view
of my back wheel. I believe that the reason why they have
rejected it.
Anyway, I never been to this stage before so any ideas on what
happens next?[img]
HTML https://ibb.co/6gRgJ4D[/img]
#Post#: 36530--------------------------------------------------
Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special
enforcement area
DIR By: John U.K.
Date: September 11, 2024, 6:41 pm
---------------------------------------------------------
I'm not sure how BBcodes work, but I suspect you may have
uploaded rather small images to ibb?
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