DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 75664--------------------------------------------------
Enfield, code 27 parked on dropped kerb, Brecon Road EN3
DIR By: elucidate
Date: June 9, 2025, 5:57 pm
---------------------------------------------------------
Good evening,
Some jobsworth issued a PCN against my car because it was parked
adjacent to a dropped kerb which leads to a gate which is never
used. The case is now at the NTO stage.
Link to OneDrive folder
HTML https://1drv.ms/f/c/f11da62e0ed95d12/EuPT2CIjRBxImI-VAv-0pbUBECQbCmPz2gKfMWI7SXVxTw?e=j5KBHE<br
/>(use Incognito to avoid needing to sign-in).
GSV location
HTML https://www.google.com/maps/@51.6504636,-0.047116,3a,37.5y,325.06h,68.26t/data=!3m7!1e1!3m5!1sADPHtDR3lJEv7NuCKS5G7g!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D21.74039510148394%26panoid%3DADPHtDR3lJEv7NuCKS5G7g%26yaw%3D325.0628715473213!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MDYwNC4wIKXMDSoASAFQAw%3D%3D<br
/>(the RESERVED PARKING sign was not there when I parked)
Pending any further advice you can give me, here is the gist of
what I am thinking of writing in my formal challenge:
---------------------------------------------------------
I normally park in front of my own garage behind my house, but
on this occasion somebody else had blocked my garage, and my
usual street of second resort was also full of cars, so I had to
instead park on Brecon Road which I am unfamiliar with.
Brecon Road is not part of a CPZ and the place I parked had no
road markings. It was therefore a surprise to me to find a PCN
issued when I returned to the car the following evening.
I believe this PCN should be cancelled because of the following
factors:
- The height of the unlowered portion of the kerb is much lower
than normal kerb height, which makes the lowered 'special'
portion significantly less distinguishable from the unlowered
part of the kerb
- The fact that the gate served by the dropped kerb is of the
same colour, wood type and wood orientation as the surrounding
garden fence, and has no sign on it, makes it very unobvious,
especially in the dark, that a gate even exists at the location,
let alone a dropped kerb to enforce unobstructed access to it.
Such context is important given what I mentioned in the first
bullet point.
- The fact that the start and end of the dropped kerb is
significantly offset from the start and end of the gate further
reduces the noticeability of the dropped kerb.
- Given all of the above, a single white line should have been
there to mitigate the unnoticeability of the special enforcement
zone. However, no such line is there, even though such a line is
commonly used in front of contextually-obvious places like in
front of large sweeping driveways.
---------------------------------------------------------
In the OneDrive folder, I have added some photos of my own which
show how the lowered and unlowered portions of the kerb visually
blend into each other. Please let me know of anything that can
help my case.
#Post#: 75735--------------------------------------------------
Re: Enfield, code 27 parked on dropped kerb, Brecon Road EN3
DIR By: stamfordman
Date: June 10, 2025, 5:48 am
---------------------------------------------------------
The gate looks disused and is narrow but did have that parking
sign - you could ask the residents of the house if they want it
enforced and if not ask them for a witness statement.
The council pics barely show the backdrop and focus only on the
dropped footway. Only one I checked shows the fence.
HTML https://i.ibb.co/Zp54zmx5/4-1.jpg
HTML https://i.ibb.co/dsJZRkTX/Screenshot-2025-06-10-at-11-21-27.png
HTML https://i.ibb.co/XZSSzPVS/en2.jpg
#Post#: 75937--------------------------------------------------
Re: Enfield, code 27 parked on dropped kerb, Brecon Road EN3
DIR By: elucidate
Date: June 10, 2025, 6:05 pm
---------------------------------------------------------
I added on the fact that there used to be a context-critical
sign on the gate but is not there anymore. I've submitted the
challenge (which I've uploaded to the folder) and will let you
know of the outcome. Thank you for your help.
I've just remembered that the PCN shows the colour of the car as
grey instead of silver, but from what I understand that
discrepancy has little sway in cancelling a PCN anyway.
#Post#: 86032--------------------------------------------------
Re: Enfield, code 27 parked on dropped kerb, Brecon Road EN3
DIR By: elucidate
Date: August 17, 2025, 1:42 pm
---------------------------------------------------------
Hello all,
Due to various things happening in my life right now what with a
new child expected and major building works in the household, I
completely forgot I had received a Notice of Rejection dated
11/07/2025 and I am now out of the allowed adjudicator
escalation window.
Link to rejection:
HTML https://drive.google.com/file/d/1Q6EYYdsa_Od_gGAk_TSspEpIs8XBnqYR/view?usp=drivesdk
HTML https://drive.google.com/file/d/1Q6EYYdsa_Od_gGAk_TSspEpIs8XBnqYR/view?usp=drivesdk
The council's portal still shows the normal rate of £130.00.
I'm thinking that the best course of action would be to submit a
case to the Tribunal tonight giving an excuse of the lateness?
Would that, at the very least, stop the Charge being increased
by 50% ?
Any advice would be appreciated.
[member=1]cp8759[/member]
#Post#: 86033--------------------------------------------------
Re: Enfield, code 27 parked on dropped kerb, Brecon Road EN3
DIR By: elucidate
Date: August 17, 2025, 1:59 pm
---------------------------------------------------------
Link to what I had sent as my formal representation:
HTML https://drive.google.com/drive/folders/1Q9WzGBRhyprPt_4Cbz0Yrhfp3hARxW6B
HTML https://drive.google.com/drive/folders/1Q9WzGBRhyprPt_4Cbz0Yrhfp3hARxW6B
#Post#: 86036--------------------------------------------------
Re: Enfield, code 27 parked on dropped kerb, Brecon Road EN3
DIR By: fraser.mitchell
Date: August 17, 2025, 3:12 pm
---------------------------------------------------------
The law allows adjudicators to accept late appeals provided
valid reasons are given. So I suggest you expand on what you
have told us re pregnancy, and building works and inlcude that
as a reason for the request. If you do nothing, you'll get the
CC, so register with LT pronto !
#Post#: 86041--------------------------------------------------
Re: Enfield, code 27 parked on dropped kerb, Brecon Road EN3
DIR By: ivanleo
Date: August 17, 2025, 3:40 pm
---------------------------------------------------------
[member=1498]elucidate[/member] I have sent you a PM.
#Post#: 103773--------------------------------------------------
Re: Enfield, code 27 parked on dropped kerb, Brecon Road EN3
DIR By: elucidate
Date: December 24, 2025, 7:39 pm
---------------------------------------------------------
Adjudicator has made his decision.
Case reference is 2250413422.
#Post#: 103789--------------------------------------------------
Re: Enfield, code 27 parked on dropped kerb, Brecon Road EN3
DIR By: mrmustard
Date: December 25, 2025, 10:52 am
---------------------------------------------------------
Commonsense prevailed:
The contravention alleged in these proceedings is that this
vehicle was parked adjacent to lowered footway. I agree with the
council that this lowered section of footway is clearly
discernible as such, and I therefore reject the appellant's
submissions on that point, but it is not clear to me on its
evidence that this section of footway is lowered for any of the
purposes set out at S86 of The Traffic Management Act 2004: on
the photographic evidence the vehicle is parked alongside a
fence. I can see that there is a doorway within the fence, but
the vehicle is not parked adjacent to that doorway. I infer that
this section of footway, given its length, was originally
lowered to provide vehicular access. That purpose now appears to
be redundant. I am not satisfied that this lowered section of
footway assists pedestrian, cycle or vehicular use when crossing
or entering/leaving the carriageway. I find that the
contravention has not been proved, and I allow the appeal.
#Post#: 103790--------------------------------------------------
Re: Enfield, code 27 parked on dropped kerb, Brecon Road EN3
DIR By: ivanleo
Date: December 25, 2025, 11:26 am
---------------------------------------------------------
Outcome
HTML https://drive.google.com/file/d/1Cq4QJ8IvQHZSxsyG_VnNIJb1GuWMObVV/view.
*****************************************************
Page 1 of 2
DIR Next Page