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#Post#: 90711--------------------------------------------------
Southend-on-sea - Code 27 Dropped footway, Fleetwood avenue
DIR By: Etihad
Date: September 19, 2025, 9:48 pm
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Good morning.
I regularly travel for work away from home and have not had time
to action this in good time. Please accept my apologies.
I own a property on a road where no permits are required and
there is not enough space for everyone. The road is also narrow
and downhill and has multiple speed humps! To avoid getting hit
by cars or vans speeding down, we tend to park with one set of
wheels on the pavement.
Now, I sometimes park at this spot directly opposite my house in
front of a house and have been doing so for the last 5 years.
Even, one of the cars owned by the household next to this spot
parks there regularly. Few years ago, Cityfibre or such company
dug up the entire pavement on both sides to lay down braodband
cabling. After they finished their work, they incorrectly put
back the pavement and everyone's dropped kerb was now much wider
or the dropped kerb started where the walls are present.No one
bothered to fix this.
PCN PHOTOS
HTML https://i.postimg.cc/grmbRrSX/IMG-20250919-012259974.jpg
HTML https://postimg.cc/grmbRrSX
HTML https://i.postimg.cc/TpP87FXT/IMG-20250919-012308608.jpg
HTML https://postimg.cc/TpP87FXT
GSV
HTML https://maps.app.goo.gl/Fd4nET5BYEmk4d8o6
SOME PHOTOS from council website for the PCN
HTML https://i.postimg.cc/75TWjytr/a.jpg
HTML https://postimg.cc/75TWjytr
HTML https://i.postimg.cc/Mc2FSrgM/b.jpg
HTML https://postimg.cc/Mc2FSrgM
PHOTO of van that regualrly parks there
HTML https://i.postimg.cc/WD8Cwwfd/c.jpg
HTML https://postimg.cc/WD8Cwwfd
Is there any way to win this?
Thank you.
#Post#: 90715--------------------------------------------------
Re: Southend-on-sea - Code 27 Dropped footway, Fleetwood avenue
DIR By: H C Andersen
Date: September 20, 2025, 3:08 am
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I would simply say that you own (live?) in the road and have
parked as can be seen on previous occasions without issue or
complaint. From the PCN it would appear that this is not
permitted and may be penalised. You apologise and won't park in
this way again.
I would not even refer to the cable works, just keep the
authority focused on your apology.
IMO, there's a procedural defect with the PCN, but I wouldn't
argue this at this point.
Are you the registered keeper with current DVLA details and do
you have access to this address regularly?
#Post#: 90716--------------------------------------------------
Re: Southend-on-sea - Code 27 Dropped footway, Fleetwood avenue
DIR By: fraser.mitchell
Date: September 20, 2025, 3:19 am
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And the other obvious question is how have you managed without
penalty for so long. if the works were done some years ago. GSV
shows the new layout in June 2023, the previous of November 2020
showing the old paving stones and kerbs.
It seems parking in contravention was commonplace even with the
old layout as GSV of 2020 shows: -
HTML https://maps.app.goo.gl/sdoyAKdjuCUgCNLJ8
Another question is, if you parked opposite and blocked that
drive, and maybe others how were neighbourly relations
maintained ? Every house Seems to have a parking space and
dropped kerb, so does yours have this as well ?
#Post#: 90719--------------------------------------------------
Re: Southend-on-sea - Code 27 Dropped footway, Fleetwood avenue
DIR By: H C Andersen
Date: September 20, 2025, 4:02 am
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I agree that these details should be examined but I'm conscious
of time in that strictly speaking their 14-day no-risk challenge
period ended yesterday.
#Post#: 90739--------------------------------------------------
Re: Southend-on-sea - Code 27 Dropped footway, Fleetwood avenue
DIR By: Etihad
Date: September 20, 2025, 7:41 am
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--- Quote from: H C Andersen link ---
>
> I would simply say that you own (live?) in the road and have
parked as can be seen on previous occasions without issue or
complaint. From the PCN it would appear that this is not
permitted and may be penalised. You apologise and won't park in
this way again.
>
> I would not even refer to the cable works, just keep the
authority focused on your apology.
>
> IMO, there's a procedural defect with the PCN, but I wouldn't
argue this at this point.
>
> Are you the registered keeper with current DVLA details and do
you have access to this address regularly?
>
--- End Quote ---
Yes, I am the registered keeper with current DVLA details and
have access to the property regularly.
I have made an informal appeal today as this was still allowed
on the council's website.
--- Quote from: Incandescent link ---
>
> And the other obvious question is how have you managed without
penalty for so long. if the works were done some years ago. GSV
shows the new layout in June 2023, the previous of November 2020
showing the old paving stones and kerbs.
>
> It seems parking in contravention was commonplace even with
the old layout as GSV of 2020 shows: -
>
HTML https://maps.app.goo.gl/sdoyAKdjuCUgCNLJ8
>
> Another question is, if you parked opposite and blocked that
drive, and maybe others how were neighbourly relations
maintained ? Every house Seems to have a parking space and
dropped kerb, so does yours have this as well ?
>
--- End Quote ---
I regularly travel for work to other sites and am away from
home. I usually park right outside my house but if others have
parked there, I park at that spot. Even when I do park there, I
usually park at 5PM and am gone by 8AM. The owners know me and
would have told me if they had any issues.
Their house has two cars and this is how they reverse out.
HTML https://i.postimg.cc/jWhy62WQ/d.jpg
HTML https://postimg.cc/jWhy62WQ
Unfortunately on my side of the street, not all houses have
enough space at the front or side for a driveway and thus not
eligible for a dropped kerb. Most houses on the street park
across their dropped kerb rather than on their driveways as well
for some strange reason.
#Post#: 90746--------------------------------------------------
Re: Southend-on-sea - Code 27 Dropped footway, Fleetwood avenue
DIR By: stamfordman
Date: September 20, 2025, 8:43 am
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Are there any parking restrictions on this road.
If not this contravention is usually a result of a home owner
calling the council to enforce.
You say the owners know you - if they write a note saying you
have permission that should do.
#Post#: 90788--------------------------------------------------
Re: Southend-on-sea - Code 27 Dropped footway, Fleetwood avenue
DIR By: Etihad
Date: September 20, 2025, 4:16 pm
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> Are there any parking restrictions on this road.
>
> If not this contravention is usually a result of a home owner
calling the council to enforce.
>
> You say the owners know you - if they write a note saying you
have permission that should do.
>
--- End Quote ---
There are no parking restrictions at all on this road.
I also have a feeling that the homeowner must have called the
council. I guess it's time to stop being friendly with them.
#Post#: 90798--------------------------------------------------
Re: Southend-on-sea - Code 27 Dropped footway, Fleetwood avenue
DIR By: John U.K.
Date: September 21, 2025, 1:12 am
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--- Quote from: Etihad link ---
>
>
> There are no parking restrictions at all on this road.
> But parking alongside a DK is a restriction.
>
> I also have a feeling that the homeowner must have called the
council. I guess it's time to stop being friendly with them.
>
> Or no CEO has visited the street for years, and a new CEO
decides to take a look?
>
>
>
--- End Quote ---
#Post#: 90803--------------------------------------------------
Re: Southend-on-sea - Code 27 Dropped footway, Fleetwood avenue
DIR By: stamfordman
Date: September 21, 2025, 4:45 am
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--- Quote from: John U.K. link ---
>
> [quote author=Etihad link=topic=8114.msg90788#msg90788
date=1758402979]
>
> There are no parking restrictions at all on this road.
> But parking alongside a DK is a restriction.
>
> I also have a feeling that the homeowner must have called the
council. I guess it's time to stop being friendly with them.
>
> Or no CEO has visited the street for years, and a new CEO
decides to take a look?
>
>
>
--- End Quote ---
[/quote]
Point is if there are no yellow lines or parking bays there is
no reason for a CEO patrol and it's likely the residents called
5-0.
#Post#: 90816--------------------------------------------------
Re: Southend-on-sea - Code 27 Dropped footway, Fleetwood avenue
DIR By: H C Andersen
Date: September 21, 2025, 6:44 am
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As regards the procedural point, IMO the PCN fails to comply
with regulation 9(7) of the General Regs, namely:
(7) A penalty charge notice given under this regulation must
include the information set out in—
(a)Schedule 2, and
(b)regulation 3(1) of the 2022 Appeals Regulations.
In this case reg 3(1)(c) which specifies that:
3.—(1) A regulation 9 penalty charge notice must include the
following information—
(a)that a person on whom a notice to owner is served may, in
accordance with these Regulations, make representations to the
enforcement authority against the penalty charge and, if those
representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations
against the penalty charge are received at such address as may
be specified in the notice for the purpose those representations
will be considered by the enforcement authority;
(c)that if a notice to owner is served despite the
representations mentioned in sub-paragraph (b), representations
against the penalty charge must be made to the enforcement
authority in the form and manner and at the time specified in
the notice to owner.
Note the use of 'must be made'. This is an instruction whose
purpose is to notify the recipient of the PCN of the 'owner's'
liability and that notwithstanding the driver's submissions
they, the owner, must action the NTO if one is served.
I cannot find this in the PCN.
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