3. Barnet, PCN Code 27 (parked near dropped kerb), Woodside Park station - Holden Road
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Barnet, PCN Code 27 (parked near dropped kerb), Woodside Park station - Holden Road
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Hi folks,

I'm looking for advice whether it's worth fighting a PCN at court or if I should just pay it, after my appeal was rejected.
I got a PCN for parking on Holden Road (North Finchley) not far from Woodside Park station.
The PCN code is 27 - Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.
This was at the entrance to a private driveway of one of the apartment buildings. I believe the PCN is unjustified because I did not block the private driveway and my car was not parked in front of the dropped kerb. It was parked where the paving stone was sloping towards the dropped kerb (see photos).
On this website I've found multiple posts on the issue and references to case 2160311942.
I have appealed to the council but my appeal was rejected on the grounds that an enforcement action may be taken when a vehicle is parked adjacent to a dropped footway (and that a resident considered my vehicle to be obstructing the dropped footway).

Does it make sense to continue fighting?
See photos and documents in https://photos.app.goo.gl/WHbDuZ3iCgQYgfU5A
Google Street View: https://maps.app.goo.gl/EgWbuiXLBM1fPS6d6

Thanks!
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Re: Barnet, PCN Code 27 (parked near dropped kerb), Woodside Park station - Holden Road
« Reply #1 on: »
It took some study, but I think you are into the dropped area by about 4-5 inches.
Look at your bottom-left photo, and note the black tarmac. Look at this GSV view:-
https://www.google.co.uk/maps/@51.6174096,-0.1872822,3a,15y,240.07h,69.28t/data=!3m6!1e1!3m4!1s4p6R-d3TIyZ1vGsDoROUGA!2e0!7i16384!8i8192?entry=ttu
Extrapolate down from the black tarmac to the kerb, and it would intersect the first dropped kerb, not the sloping curb. Yet your car is beyond that line, so is in contravention. No, it's not much, minimal even, but an adjudicator will have to judge whether your intrusion is de minimis or not. As this is subjective, it is difficult to give odds on you succeeding with an appeal to London Tribunals. My opinion is that you would lose, but see what the others say. Remember you must risk the full PCN penalty at LT

Apologies if this is not the answer you hope to receive, but we must be realists on here.
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Re: Barnet, PCN Code 27 (parked near dropped kerb), Woodside Park station - Holden Road
« Reply #2 on: »
the 2nd top photo shows the front of your car and part of the front wheel forward to be entirely over the dropped part. far to much to argue de minimis  imo.
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Quote from: andy_foster
Mick, you are a very, very bad man
Re: Barnet, PCN Code 27 (parked near dropped kerb), Woodside Park station - Holden Road
« Reply #3 on: »
Thank you all for the replies. I was looking for clarification and that is what I got.
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Re: Barnet, PCN Code 27 (parked near dropped kerb), Woodside Park station - Holden Road
« Reply #4 on: »
MrMustard is the wizard of Barnet PCNs see if he knows of something, possible paper or procedure issues.
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Quote from: andy_foster
Mick, you are a very, very bad man
Re: Barnet, PCN Code 27 (parked near dropped kerb), Woodside Park station - Holden Road
« Reply #5 on: »
PCN has been paid.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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