DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 91203--------------------------------------------------
Re: Southend-on-sea - Code 27 Dropped footway, Fleetwood avenue
DIR By: Etihad
Date: September 23, 2025, 7:53 pm
---------------------------------------------------------
Thank you H C Andersen.
The council has replied to my informal challenge.
We have fully investigated your case and can see you were issued
a PCN for parking at a point where the pavement slopes down to
meet the road surface. These can be in place for a couple of
reasons 1. Allow access to a private property/driveway access.
2. The kerb may be lowered to make it easier for people to cross
the road, especially people with prams or wheelchairs, and so
need to be kept clear.
Parking across a private driveway dropped kerbs is only
permitted show you have the permission of the property
owner/occupier. If you parked without said permission, the
owner/occupier can report your vehicles presence to the council
and request a Civil Enforcement attend the location. Civil
Enforcement officers do not issue to vehicle across private
driveway dropped kerbs unless a complaint is received.
No signage is required for a dropped curb contravention as it is
also clearly stated in the Highway Code (Rule 217) that you are
not to park your vehicle where the curb has been lowered or in
front of an entrance to a property. Parking alongside or
obstructing a dropped curb is an instant contravention and is
enforceable 24 hours a day, 7 days a week.
Having reviewed the incoming complaints records for the date in
question, we are able to see a complaint was received for the
location, when the Civil Enforcement Officer attended the
vehicle was found to be parked in contravention and as such the
PCN was issued. Having reviewed the images taken by the Civil
Enforcement Officer we are satisfied that the PCN was issued
correctly on this occasion.
Although I appreciate that you did not intentionally breach the
Traffic Regulation Order, the fact remains that you were in
contravention of the order. Unfortunately, the circumstances you
described give Southend City Council insufficient grounds to
cancel the Penalty Charge Notice as stated above.
Whilst I am unable to cancel the penalty I am able to offer you
a further 14 days, from the date of this letter, to pay the PCN
at the discounted rate.
You now have two options.
Option 1 – Payment at the discounted rate
Please now make payment of £35.00 which is the discounted
amount. The charge will revert to its full amount of £70.00 if
we do not receive the 50% discounted payment within 14 days of
the date of this letter.
Option 2 – Make formal representation:
If you have not paid before the end of 28 days beginning with
the date of service of the PCN, a Notice to Owner (NtO) will be
issued to the registered keeper of the vehicle. The NtO will
allow the registered keeper to make formal representations
appealing against the issue of the PCN; the procedure for doing
so will be explained in the NtO. Any new evidence can be
submitted with the formal representation.
#Post#: 91207--------------------------------------------------
Re: Southend-on-sea - Code 27 Dropped footway, Fleetwood avenue
DIR By: H C Andersen
Date: September 24, 2025, 2:38 am
---------------------------------------------------------
Where's your challenge pl?
I also have a feeling that the homeowner must have called the
council. I guess it's time to stop being friendly with them
At least you now know, if you believe them!
There haven't been any comments from others regarding the
prospective procedural impropriety in the PCN's wording.
#Post#: 91218--------------------------------------------------
Re: Southend-on-sea - Code 27 Dropped footway, Fleetwood avenue
DIR By: mickR
Date: September 24, 2025, 4:32 am
---------------------------------------------------------
does a compliant have to be made by THE(affected) homeowner or
just Ahomeowner?
#Post#: 92459--------------------------------------------------
Re: Southend-on-sea - Code 27 Dropped footway, Fleetwood avenue
DIR By: Etihad
Date: October 1, 2025, 6:42 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Where's your challenge pl?
>
> I also have a feeling that the homeowner must have called the
council. I guess it's time to stop being friendly with them
>
> At least you now know, if you believe them!
>
> There haven't been any comments from others regarding the
prospective procedural impropriety in the PCN's wording.
>
--- End Quote ---
The Informal challenege was along the lines of what you
mentioned earlier :
"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. "
#Post#: 92859--------------------------------------------------
Re: Southend-on-sea - Code 27 Dropped footway, Fleetwood avenue
DIR By: Etihad
Date: October 4, 2025, 6:48 pm
---------------------------------------------------------
Good morning.
I am running out of time.
Do I make a formal representation or just pay the fine?
I am compared the back of the PCN with another from a London
borough and the wording seems to be almost identical.
*****************************************************
Page 2 of 2
DIR Previous Page