Barnet - PCN 28 - Parking in a special enforcement area, yellow line in front of own driveway

I don't recall unfortunately and didn't save my informal challenge. I'd be grateful for any advice / improved wording. TYIA

What date is the NTO. There is probably no rush. 

5/6/26

IMO, you just need what you've drafted to Statutory Exemption.

2 is unnecessary and 3 is easily dealt with in 1 by the suitable addition of 'see attachments'

Try this. I'm playing dumb and not taking on the pedestrian crossing prohibition which I think is why the PCN was issued - let them try and argue this given their silly initial rejection.

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I was puzzled to read your rejection of my initial challenge as it appears to be template concerning a contravention that is not alleged on the PCN.

The PCN was issued for 'Parked in a special enforcement area on part of the carriageway raised to meet the level of a footway, cycle track or verge' - but you then refer to a dropped or lowered kerb or footway. This makes no sense.

My car was parked adjacent to my own crossover for my house, and is exclusive to my property and not shared with any other property.

I have checked and this is an exemption to the alleged contravention under Section 86 of the Traffic Management Act 2004, which states that an exception to the prohibition of 'assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge' where 'the carriageway has... been raised to meet the level of the footway, cycle track or verge' is:

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.

As I was parked with my own consent outside my own premises the contravention did not occur.

I look forward to your early confirmation of cancellation the PCN.

This looks great, thank you ! I will submit it

Wait for tincombe to have a look.

Can I suggest a slightly different drafting?

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I am challenging the issuance of the above PCN on the statutory grounds that the alleged contravention did not occur.

The PCN explicitly alleges a contravention for parking on a "carriageway raised to meet the level of a footway." This physical infrastructure does not exist at the location of the vehicle. As demonstrated in the attached photographic evidence (IMG20260504102158 (2).jpg), the carriageway is entirely flat. It is the footway that is sloped down to the carriageway. Because the CEO has cited a topographical feature that is not present at the location, the specific contravention alleged on the PCN could not have occurred.

Notwithstanding the fatal procedural error above, the infrastructure that actually exists at the location my car was parked is a footway lowered strictly for the engineering purpose defined in Section 86(1)(a) of the Traffic Management Act 2004: assisting vehicles entering or leaving the carriageway across the footway.

Therefore, the absolute exemption detailed in Section 86(3) of the Traffic Management Act 2004 applies in full. The statute dictates that the prohibition is nullified "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."

My vehicle was parked immediately adjacent to the crossover exclusively serving my residential property at [the address]. As the sole occupier of these residential premises, I provided explicit consent for my vehicle to be parked at this location. No reward was given or received for this consent. Attached is proof of address and proof of ownership.

The alleged infrastructure does not exist, and the existing infrastructure is subject to an absolute statutory exemption. Please cancel the PCN immediately.

As I posted earlier, IMO you do not need anything more than the statutory exemption at this stage.

I tried to get you on the right track but failed.

Apologies, and thank you

This physical infrastructure does not exist at the location of the vehicle.

Look at the kerb adjacent to the tree where you have added the red line, it's clear that carriageway rises at this point.