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#Post#: 48711--------------------------------------------------
Enfield PCN Code 27 - dropped kerb
DIR By: Londoner001
Date: December 6, 2024, 11:46 pm
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Yesterday morning at about 8.00am, I had parked my car next to a
kerb on a residential road in Edmonton (N9), Enfield, without
any parking restrictions. There were no houses around the
section of the road where I parked. The road was dark without
any lights. The section where I parked was also partly flooded.
When I came back about two hours later, I could not believe that
my car was no longer there. I didn't know what to do as this was
not what I expected. Thinking that it might have been stolen, I
even called the police. In the end, it turned out that the
council had removed it by claiming that I had parked next to a
dropped kerb. They demanded £65 for the PCN and £200 for the
removal before giving the car back. I collected it straight away
within 2 hours after parking there and had to pay £265 to get my
car back.
In the photo attached, you can see that the section of the kerb
where I parked was flooded and it was not obvious from any other
signs around there that there was a dropped kerb there. The car
pound staff claimed that there was a dropped kerb there in the
flooded section of the kerb and that they had removed my car for
that reason. How would I see it when the dropped kerb was
covered with water?
I believe that this was a disproportionate action by the council
and I am worried that this will be the norm from now on as those
councils are very desperate for money and they are trying to
find all sorts of ways to exploit motorists. In the past, they
would put a PCN notice first and let us know if any
contravention occurred, show proof etc and give us a chance to
appeal. This time, within less than 2 hours after I parked the
car, they removed it and I did not get any of the PCN details
until I collected the car from the car pound.
I showed the attached photo with the flooded kerb to the car
pound staff when I collected the car, but they said I needed to
make the full payment of £265 first and then appeal within 28
days to claim my money back.
I would appreciate if you give me some advice before I submit my
appeal.
[attachment deleted by admin]
#Post#: 48714--------------------------------------------------
Re: Enfield PCN Code 27 - dropped kerb
DIR By: John U.K.
Date: December 7, 2024, 2:41 am
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For meaningful advice, please to have a read of
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
and post here all sides of the unredacted PCN and of any other
documents received at the pound, + a GSV link to the location.
#Post#: 48730--------------------------------------------------
Re: Enfield PCN Code 27 - dropped kerb
DIR By: fraser.mitchell
Date: December 7, 2024, 5:16 am
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If there is any good news at all in this case, it is that you
have paid all there is to pay, so appealing the matter all the
way to London Tribunals costs you nothing extra, and if you win,
you get all the money back. First you have to submit reps to the
council, and when inevitably rejected, you can register an
appeal at London Tribunals.
#Post#: 48743--------------------------------------------------
Re: Enfield PCN Code 27 - dropped kerb
DIR By: mrmustard
Date: December 7, 2024, 6:03 am
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The most important thing to do in this case is to put up all
documents, both sides, and only cover up the name and address.
I often win towing cases because the motorist is not given
proepr information at the car pound, as does CP8759
So please let us see everything so we can put killer
representations together
#Post#: 48745--------------------------------------------------
Re: Enfield PCN Code 27 - dropped kerb
DIR By: fraser.mitchell
Date: December 7, 2024, 6:19 am
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I have to say, looking at your photo, that I don't think any
appeal would succeed on the basis of "the dropped kerb wasn't
visible to me", because the sloping kerbstones are clearly
visible. However, this doesn't mean Game Over as Mr Mustard is
expert in seeing the flaws in their PCN and management of the
enforcement process.
#Post#: 48747--------------------------------------------------
Re: Enfield PCN Code 27 - dropped kerb
DIR By: mrmustard
Date: December 7, 2024, 6:27 am
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I am wondering what is on the opposite side of the road, a road
we don't yet even know the name of, i.e. is one of the three
statutory purposes engaged?
#Post#: 48749--------------------------------------------------
Re: Enfield PCN Code 27 - dropped kerb
DIR By: fraser.mitchell
Date: December 7, 2024, 6:28 am
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--- Quote from: mrmustard link ---
>
> I am wondering what is on the opposite side of the road, a
road we don't yet even know the name of, i.e. is one of the
three statutory purposes engaged?
>
--- End Quote ---
Indeed. So over to the OP to tell us more.
#Post#: 48775--------------------------------------------------
Re: Enfield PCN Code 27 - dropped kerb
DIR By: Londoner001
Date: December 7, 2024, 10:15 am
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Hi guys
Thanks for your responses. I have answered your questions below
and provided the list of photos with some explanation in the
attached pdf document.
The name of the road Brookside Road N9 and the car was parked
right next to a flooded kerb area where the dropped kerb section
was not obvious.
I have checked the council's website to view their photo
evidence. Based on my observations, my appeal grounds can be
summarized as follows:
1) PCN time: In one of their own photos, the car removal truck
is shown to be present right next to my car and reversing
towards my car to remove it and the time is shown on the photo
is 09.17hrs. Whereas the PCN issue time is shown as 09.19hrs
i.e. two minutes later. This means that they started the car
removal enforcement process well before issuing the PCN, giving
no time for me to take my own photo evidence of the area where
the car was parked or observe the settings before challenging
their decision. In the attached document, you will see their
photos showing these times (one of the photos shows the car
removal truck right next to my grey VW, reversing towards it but
there is no PCN on my car at all - this photo of theirs had been
taken at 09.17hrs. The other copied PCN document shows their PCN
time, which had been issued at 09.19hrs i.e. two minutes later.)
This means that they had decided to remove my car well before
issuing the PCN.
2) The same photo also shows that the part of the kerb where I
parked had been flooded, making it difficult to see whether
there was a dropped kerb there.
3) Uneven kerb surface right behind my parked car - it is not
known whether there are two dropped kerbs next to one other or
they did it to confuse motorists about where the dropped kerb
starts and finishes. In two other photos in the document
attached, you can see part of the kerb behind my parked car
which looks very different with a slightly pinkish colour and
some slightly dropped kerb surface ending towards the
carriageway. I felt like the dropped kerb was behind me rather
than next to me hidden in the flooded area.
4) No PCN documents were given until after the payment was made:
Only after I made the £265 payment, they gave the PCN document
along with the payment receipts and the document explaining how
to challenge. When I collected the car, all I could see was an
empty plastic PCN envelop on the car and nothing in it. It looks
like they put it on the car for the sake of doing so.
I have attached the google view of the road and marked the space
where the incident occurred to help you understand the road
layout. I will send the other photos and documents, but I can
only upload up to 4 photos it says, so I may have to send them
in another way.
I hope this answers your questions. Let me know if you have any
other questions.
Thanks for your assistance again.
[attachment deleted by admin]
#Post#: 48780--------------------------------------------------
Re: Enfield PCN Code 27 - dropped kerb
DIR By: stamfordman
Date: December 7, 2024, 10:42 am
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If you read the read this sticky it tells you how to post pics
etc.
The PCN was given to you at the pound. The contravention is
deemed in the category for instant removal.
We need to see all the paperwork and the council's pics.
There are opposite dropped footways although the one opposite is
on a large paved area.
It's a predatory tow as this is a backstreet and the crossing is
mid-way and doesn't lead to another path. It isn't where you'd
be looking out for a crossing really. The dropped kerbs are
probably there for council mowers.
HTML https://i.ibb.co/SrmZ4KK/image.png
HTML https://www.google.com/maps/@51.6186766,-0.0563611,3a,89.9y,145.88h,75.51t/data=!3m7!1e1!3m5!1sK00CSz-rxXHLc0h74y-OyA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D14.494222618108793%26panoid%3DK00CSz-rxXHLc0h74y-OyA%26yaw%3D145.881077273143!7i13312!8i6656?entry=ttu&g_ep=EgoyMDI0MTIwNC4wIKXMDSoASAFQAw%3D%3D
HTML https://i.imgur.com/jdX9Wtu.png
#Post#: 48781--------------------------------------------------
Re: Enfield PCN Code 27 - dropped kerb
DIR By: mrmustard
Date: December 7, 2024, 10:48 am
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and a 'traffic warden' is usually based in the tow truck
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