Harrow, parked by dropped kerb

Bastards! There was nowhere else to park, and the reason this kerb is dropped is because a previous neighbour used the driveway behind it. Now there is an immobilised vehicle parked in the driveway approached by this dropped kerb, the neighbour says he is never going to move it, and says he knows where to find me anyway if he ever DID want to move it. The dropped kerb is no use to pedestrians as there's no dropped kerb opposite (altho it is near a junction).

I suppose I'll have to pay it, really, but just thought I'd post it here in case they've got anything wrong. What the hell is a 'special enforcement area'?  A special opportunity for them to fleece motorists?



Hoping that works!

Hmmm, it doesn't seem to be.  What have I done wrong?  This text doesn't show, or do anything, unless I press the little icon at the side.  But here's the text anyway without the image prefix and postscript.

 

Here?



There is a specific exemption to this offence in the legislation in circumstances where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.


So don't give up on this one just yet. If you can get written confirmation from your neighbour that you have his permission to park there you should get this cancelled.

Yes, exactly there. I will try to track the neighbour down, and get written permission.  Hurrah! And a very big THANK YOU!

Following on, you were given a PCN quite correctly because this applies:

86Prohibition of parking at dropped footways etc.
(1)In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—

(a)the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—


(iii)assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge;

So on the face of it and as far as the CEO was concerned you were in contravention.

As MrChips has posted, there are exceptions, but a CEO is not clairvoyant. So when you submit your reps do so in a calm and measured manner otherwise, because they can be most unprofessional while they're judges in their own cause, they might just reject.

My concern here is that this is a gap between two properties and the exception does not apply to shared drives. I suggest you share more details here about the 'occupier's' sole right to use this crossover before compiling the reps.

Thank you.  It is my belief that the neighbour in question owns the properties on both sides of this drive. I will check this and make it clear in my draft, and share the draft here before submission. It is also possible that ownership has changed, as he has recently started to sell off his properties, so all is not won yet, but I believe it is worth further research.

IMO, any reps should be accompanied by proof that they are the occupier, not just claims by you.

IMO, any reps should be accompanied by proof that they are the occupier, not just claims by you.

+1

OK, I've managed to track the neighbour down - in itself not an easy task!  I would like to get him to sign the attached, and it will be accompanied by my representation following, if the good souls here approve this.

His draft letter (unfortunately he reported the car, as he did not recognise it)

I understand that mrsvox is having problems, having been issued a parking ticket for parking across the dropped kerb between numbers xx and xx in West Street.

I own numbers xx, xx and xx in West Street, and I can confirm that I have given mrsvox specific permission to park there, as parking is often difficult in West Street. We have been neighbours for over 30 years, and, as I said to her, I know where to find her if I need access to this dropped kerb.  Unfortunately mrsvox bought a new car last November, and I do not recall her telling me about this, so I was unable to reassure the parking attendant who issued the ticket that the car belonged to the neighbour who had permission to park there. mrsvox has now given me a thorough introduction to her new car!

I hope that in this circumstance you will consider cancelling this ticket since it was issued in error.

My draft letter

I have received a parking ticket number xxxxx for parking outside a residential property with a dropped kerb which allows the owner of the property access to his driveway.  Mr xxx has actually given me specific permission to park there - his comment was 'if I ever need access, I know where you live',  Unfortunately, although I am sure I notified him of my change of vehicle when I bought my new car last November, he had no recollection of this and so was unable to tell the parking attendant that the car was one which had permission to use the space. I have now ensured that he knows that this car is mine in case I ever have to park there again, but I trust that in these circumstances it is clear that I was parked in the space with the permission of the owner, and this ticket can be cancelled.

Comments pretty please...

That should be enough for the council to cancel; lets hope they do so, but such is their rapacious greed for money they may not, and you'll have to wait for the Notice to Owner. Reps against these are studied more carefully.