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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 9341--------------------------------------------------
Harrow, code 27 parked in special area adjacent to footway,
Pangbourne Drive
DIR By: childofsai
Date: November 6, 2023, 12:53 am
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Dear Friends,
I received this parking ticket this afternoon unaware of the
special enforcement area, and I wish to contest it as per the
following:
- Road was fully covered in leaves, making it impossible to see
the line markings
- no other signs were visible around the road
- when I kicked away the leaves at the back of the car, I can
clearly see the end of the double yellow line
- the back wheel of the car and the front wheel of the car are
not in my opinion overlapping the drop kerb
It's not 24hrs yet, so I haven't been able to see the council
pictures yet.
I would really appreciate some help to draft an appeal against
this and whether the points I've raised above will work in the
appeal.
Here is the PCN:
HTML https://i.ibb.co/Dpz7dB9/20231105-192720.jpg
HTML https://ibb.co/0tmf50C
Here is a photo I took, showing the state of the leaves and
where I saw the yellow line had ended:
HTML https://i.ibb.co/pP7181X/20231105-155354.jpg
HTML https://ibb.co/LPF0W0p
Here is a photo showing where I feel I am not overlapping the
drop kerb:
HTML https://i.ibb.co/0FYP25y/IMG-20231105-WA0012.jpg
HTML https://ibb.co/9VyRgPH
Here is the Google Street View Link:
HTML https://maps.app.goo.gl/tcp2SApgquuDsCpS8
It's strange that Street View shows the road has double yellow
line, when I definitely could see the line was stopped.
Many thanks in advance for your help on this.
Best Regards,
CoS
#Post#: 9348--------------------------------------------------
Re: Harrow, code 27 parked in special area adjacent to footway,
Pangbourne Drive
DIR By: DancingDad
Date: November 6, 2023, 4:56 am
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We really need to see the council photos.
Can you locate online and download them pls
#Post#: 9352--------------------------------------------------
Re: Harrow, code 27 parked in special area adjacent to footway,
Pangbourne Drive
DIR By: fraser.mitchell
Date: November 6, 2023, 5:58 am
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The double-yellow line is nothing to do with the contravention
on your PCN. The PCN is for parking adjacent to a dropped kerb.
However, councils seem to believe that this includes the sloping
kerbstones at each end of the dropped section; it doesn't, and
many appeals have been won on this point. The problem is you
took photos assuming it was all about the yellow lines. We need
to see your car in relation to the dropped kerb. I expect the
council photos will show your position, so we await to see them.
#Post#: 9388--------------------------------------------------
Re: Harrow, code 27 parked in special area adjacent to footway,
Pangbourne Drive
DIR By: childofsai
Date: November 6, 2023, 11:21 am
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Thanks all.
Here are the council pictures:
HTML https://i.ibb.co/0GH0pQR/Image1.jpg
HTML https://ibb.co/yQHzmVc
photoupload
HTML https://imgbb.com/
HTML https://i.ibb.co/xjqk030/Image3.jpg
HTML https://ibb.co/0My7SQS
photoupload
HTML https://imgbb.com/
HTML https://i.ibb.co/6PhStL0/Image4.jpg
HTML https://ibb.co/1qVNXjG
photoupload
HTML https://imgbb.com/
HTML https://i.ibb.co/QKN3nSM/Image5.jpg
HTML https://ibb.co/71WdVMK
photoupload
HTML https://imgbb.com/
#Post#: 9391--------------------------------------------------
Re: Harrow, code 27 parked in special area adjacent to footway,
Pangbourne Drive
DIR By: slapdash
Date: November 6, 2023, 11:29 am
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To me that looks to be merely adjacent to the sloping part. Not
a contravention if so.
Equally if it is a contravention it is very marginal, likely to
my view in the realms of de minimus.
The likelihood is the housholder rang up to whinge. Council send
a CEO who appeases.
You may want to have a search both her and on pepipoo for an
informal challenge to adapt.
Cross reference the photo to google maps may make it more
obvious.
#Post#: 9396--------------------------------------------------
Re: Harrow, code 27 parked in special area adjacent to footway,
Pangbourne Drive
DIR By: Pastmybest
Date: November 6, 2023, 11:37 am
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No way is this a contravention you can see the wall and gatepost
on the 4th council photo and you are on the edge of the sloping
kerb at worst, and while councils like to think the slopping keb
counts the law says it does not
#Post#: 9401--------------------------------------------------
Re: Harrow, code 27 parked in special area adjacent to footway,
Pangbourne Drive
DIR By: fraser.mitchell
Date: November 6, 2023, 11:53 am
---------------------------------------------------------
OK, so here is GSV looking at the house and dropped kerb to
driveway you allegedly contravened: -
HTML https://maps.app.goo.gl/73eKVUjqjo97bqK99
You can just about make out the end of the low wall in front of
the property. if you then extrapolate at right angles from that
to the kerb line, you get to the low end of the prominent
sloping kerb stone. Comparing the council photo with GSV leads
me to conclude that there was no contravention, as your car was
only adjacent to the sloping kerbstone.
Do note, however, that you may well have to take the council to
London Tribunals for an unbiased opinion. But first to get
there, you must first submit representations to the council. You
can submit two lots, one informal against the PCN, and a second,
formal representation against the Notice to Owner, which you
have yet to receive. ONce rejected at NtO stage, you can then
appeal to London Tribunals, but not before then.
So, statutory ground of "the contravention did not occur".
#Post#: 9411--------------------------------------------------
Re: Harrow, code 27 parked in special area adjacent to footway,
Pangbourne Drive
DIR By: DancingDad
Date: November 6, 2023, 1:48 pm
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--- Quote from: Pastmybest link ---
>
> No way is this a contravention you can see the wall and
gatepost on the 4th council photo and you are on the edge of the
sloping kerb at worst, and while councils like to think the
slopping keb counts the law says it does not
>
--- End Quote ---
What he said.
I suspect this is one where the resident complained and the cEO
put on a PCN rather then argue.
#Post#: 9413--------------------------------------------------
Re: Harrow, code 27 parked in special area adjacent to footway,
Pangbourne Drive
DIR By: fraser.mitchell
Date: November 6, 2023, 2:07 pm
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--- Quote from: DancingDad link ---
>
> [quote author=Pastmybest link=topic=868.msg9396#msg9396
date=1699292225]
> No way is this a contravention you can see the wall and
gatepost on the 4th council photo and you are on the edge of the
sloping kerb at worst, and while councils like to think the
slopping keb counts the law says it does not
>
--- End Quote ---
What he said.
I suspect this is one where the resident complained and the cEO
put on a PCN rather then argue.
[/quote]
+1
What CEO wants to argue with an irate resident !
#Post#: 9449--------------------------------------------------
Re: Harrow, code 27 parked in special area adjacent to footway,
Pangbourne Drive
DIR By: childofsai
Date: November 7, 2023, 3:03 am
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Many thanks everyone for your assistance. I have submitted an
informal challenge online to Harrow Council. I'll let you know
the progress as it comes.
Best Regards,
CoS
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