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#Post#: 8036--------------------------------------------------
PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: Deb2000
Date: October 22, 2023, 4:29 am
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Good morning
Really hope someone can help please?
Yesterday, I received a PCN (Manchester City Council) for the
above contravention (attached).
When there has been available space (generally space for 4 cars
here), I've parked here for 3 years.
I've never had a PCN for parking here and wish to challenge it
if I can? Have I just been lucky, or do I have a chance at
overturning this PCN?
Please feel free to ask for further information to clarify
position. I've also attached photos for consideration.
Many thanks in advance for any guidance/assistance.
Have a lovely Sunday.
Deb
[attachment deleted by admin]
#Post#: 8038--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: fraser.mitchell
Date: October 22, 2023, 4:46 am
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You have not attached the PCN as far as I can see.
Please read this and update your thread
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/
Have you always parked part-way across the dropped kerb over the
3 years of parking ?
#Post#: 8041--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: DancingDad
Date: October 22, 2023, 5:08 am
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And a Google Streetview location link pls.
At the moment can only say yes there is a dropped kerb and yes
the vehicle is adjacent to it.
But context is important in these cases, the purpose of the
dropped kerb etc
#Post#: 8046--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: Deb2000
Date: October 22, 2023, 5:38 am
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Hi
Thanks for replying. I've attached PCN now. Sadly, as the
files are too big it wouldn't let me attach all.
Hope this helps.
For context, yes I have parked here for the last 3 years when I
go to the football once a fortnight. Manchester City Council
are in the process of making alot of the streets around the
Etihad and the new Coop Arena, residential. However, this isn't
the case as yet.
There are traffic lights here too and when people are leaving
the game and walking that way, they use the road and not the
dropped kerb.
[attachment deleted by admin]
#Post#: 8047--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: Deb2000
Date: October 22, 2023, 5:48 am
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HTML https://maps.app.goo.gl/PHMeN1RCwEYt2xWB8
<iframe
src="
HTML https://www.google.com/maps/embed?pb=!4v1697971512566!6m8!1m7!1sUWnYf7PMZONah6vem9tXlQ!2m2!1d53.49203145296008!2d-2.206478836425439!3f202.22198!4f0!5f0.7820865974627469"<br
/>width="600" height="450" style="border:0;" allowfullscreen=""
loading="lazy"
referrerpolicy="no-referrer-when-downgrade"></iframe>
Sorry, I'm trying to copy exact street view and not sure if it's
worked?
#Post#: 8048--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: DancingDad
Date: October 22, 2023, 5:51 am
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--- Quote from: Deb2000 link ---
>
> ......
> Sorry, I'm trying to copy exact street view and not sure if
it's worked?
>
--- End Quote ---
It did but just repostng for clarity
HTML https://www.google.com/maps/@53.4919689,-2.2063674,3a,75y,226.1h,77.66t/data=!3m6!1e1!3m4!1sjY5obbjOqiNvl5utP2tPFQ!2e0!7i16384!8i8192?entry=ttu
#Post#: 8049--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: Deb2000
Date: October 22, 2023, 5:54 am
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Thank you. Yes, that's it exactly.
#Post#: 8088--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: ivanleo
Date: October 22, 2023, 12:18 pm
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--- Quote from: Deb2000 link ---
>
> Sadly, as the files are too big it wouldn't let me attach all.
>
--- End Quote ---
It does if you actually read the instruction here:
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/<br
/>(but you have to actually read it properly, skimming over it
and
then not following the instructions doesn't count).
Here are the council photos:
HTML https://i.imgur.com/F1Amrg4.png
HTML https://i.imgur.com/6n6yvF2.png
HTML https://i.imgur.com/un2oya2.png
HTML https://i.imgur.com/1TZyJyz.png
HTML https://i.imgur.com/C81UHXB.png
HTML https://i.imgur.com/dZYQA9R.png
HTML https://i.imgur.com/SDP3FVH.png
HTML https://i.imgur.com/ew2uBYx.png
If you'd parked parallel to the road against the bank of earth,
you would have been OK. Unfortunately however your car is parked
adjacent to a kerb that has quite clearly been lowered to make
it easier for pedestrians to cross the carriageway.
One possible argument that could be made is that the area where
you were parked is a vehicle crossover, such that the footpath
is not interrupted at all so the lowered keeb cannot be there
for the purpose of allowing pedestrians to cross the carriageway
at all, but that is only just about arguable and I don't think
it would succeed at the tribunal.
In the circumstances there are only two possible strategies:
1) Make a plea for discretion, or
2) Try and trip the council up into failing to consider your
representations.
Strategy 1 involves appealing to the authority's discretionary
power not to enforce, which is a power only the council has (the
tribunal cannot allow an appeal on this basis).
Strategy 2 involves giving the council a link to a video or
image you want them to consider, and setting it up view a click
/ view counter so we can prove whether they're looked at your
supporting evidence. If they fail to look at it, you can then
win on a failure to consider.
The best approach might be to combine both approaches (provide
evidence of mitigation by means of a link), but first we need to
know if you have any meaningful mitigation to put forwards.
#Post#: 8121--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: DancingDad
Date: October 22, 2023, 6:06 pm
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All I got is Legitimate Expectation.
IE parking has always been tolerated here during match days and
not enforced.
But if a vehicle was a couple of foot further back, it would not
be adjacent so would not be enforced.--- and there seems room so
how to prove parked up in this position and not been penalised?
#Post#: 8125--------------------------------------------------
Re: PCN Code 27 'Parked adjacent to a dropped footway' MCC
DIR By: Deb2000
Date: October 23, 2023, 1:21 am
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Thank you Cp8795 and Dancing Dad :)
I'm unsure now which approach to take?
If you were me would you -
a) Make a plea for discretion based on the legitimate
expectation, and if failing that,
b) Adopt Strategy 2 with a link and counter and cross fingers
for a 'failed to consider' contest?
Thank you so much for helping me with this. It's truly
appreciated.
Deb
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