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Croydon Council, Code 27 - parked in front of a verge

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Croydon Council, Code 27 - parked in front of a verge
on:
#1
Hi everyone,

I got home from work late recently and my street and adjacent streets were full. It was raining and I parked on a side road. I couldn't see any yellow lines and the curb didn't look obviously dropped at the time. I've seen other drivers park there frequently(including on the pavement) so I assumed it was rational.
The next afternoon I found a PCN on my car with code 27.

Is there any chance of an appeal on this?

Ive attached some images below.

Thanks in advance.



Last Edit: October 01, 2024, 10:12:57 pm by ikina
Re: Croydon Council, Code 27 - parked in front of a verge
Reply #1 on:
#2
So here: -
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Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl


I'm afraid the contravention looks made out, as the kerb is dropped on both corners. Could you not have moved forward a bit into the gap visible beyond your car ? Basically, they wallop you for this contravention because they can't do it for "obstruction", (of the corner, reducing visibilty), as that is a police matter. Of course the kerbs on both sides have to be dropped, but here they are.

Of course there may be a "technical" appeal, nothing to do with the contravention, like PCN errors etc, so please post the full front of the PCN, plus the back. OK, I know it may be a PITA but sometimes an error of content is fatal to their enforcement. 
Re: Croydon Council, Code 27 - parked in front of a verge
Reply #3 on:
#4
The way to win this will be the grounds on their website.
@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: Croydon Council, Code 27 - parked in front of a verge
Reply #6 on:
#7
@ikina Please go onto the website and report back what you see. Screenshot everything and post it here.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bensham-lane-croydon/msg34752/#msg34752
Last Edit: October 03, 2024, 09:10:06 pm by Hippocrates
@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: Croydon Council, Code 27 - parked in front of a verge
Reply #7 on:
#8
There is an error in the "small print". They state that the discount is available for 14 days from date of notice, whereas under the Traffic Management Act, this is from date of service.

In fact all of the section under "DO NOT IGNORE THIS NOTICE" seems wrong, because the 28 days to serve a Notice to Owner is 28 days from service of the PCN, not the contravention date.

OK, having said the above, in most cases the PCN is served on the day of the contravention, but may not be.  There was a judicial review on this very aspect of date of PCN and date of service many years ago, and the decision was that the PCN must be dated, and this date must be a separate date on the PCN to the date of contravention.

If the above is wrong, somebody will no doubt correct me, but as it stands the PCN mis-states the law.
Re: Croydon Council, Code 27 - parked in front of a verge
Reply #10 on:
#11
Thanks you @Incandescent - do you think I have grounds to appeal?
My opinion is it is not a winner on its own, because being a Regulation 9 PCN, (one served at the roadside), you have not been disadvantaged because the PCN date is almost certainly the same as the date of the alleged contravention. However it shows sloppiness and bad management in the council, who cannot, apparently, even read the actual regulations on what a PCN should contain.
Re: Croydon Council, Code 27 - parked in front of a verge
Reply #11 on:
#12
@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: Croydon Council, Code 27 - parked in front of a verge
Reply #12 on:
#13
Where are we with thread please? Please post in this thread not the other one.
@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: Croydon Council, Code 27 - parked in front of a verge
Reply #13 on:
#14
@Incandescent, as I understand the new regs(
These Regulations, together with the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (S.I. 2022/XXXX), provide for the civil enforcement of...
legislation.gov.uk
)
both the discount and 28-day periods now specify 'beginning on date of contravention' not service.
Re: Croydon Council, Code 27 - parked in front of a verge
Reply #14 on:
#15
@Incandescent, as I understand the new regs(https://www.legislation.gov.uk/uksi/2022/71/schedule/2/made)
both the discount and 28-day periods now specify 'beginning on date of contravention' not service.
Yes, you are right, in which case there is now no longer any point in the PCN having a separate date to the contravention date.