Author Topic: Bexley code 27 drop kerb offence  (Read 418 times)

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Bexley code 27 drop kerb offence
« on: »
Hi, thanks in advance.

I received a windscreen pcn for code 27 parked in a special enforcement area adjacent to a footpath, cycle track or verge lowered to meet the level of the carriageway.

I appealed stating that the area is only used for bin storage.

The appeal was rejected.

Am i right in thinking my logic is correct?




https://imgur.com/a/QQbIWDP

https://imgur.com/a/jvrjVz3

https://imgur.com/a/FapwT6g

https://imgur.com/a/glTS2gh



I stupidly ignored this, my head is not good at this time.


I have further received this NTO;


https://imgur.com/a/aaGiomm

https://imgur.com/a/KdmxhON







I don't think this drop kerb counts as an offence.





The car was parked in the same spot since September, and only received  this one ticket.



Please advise my next step to this.


Many thanks.











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Re: Bexley code 27 drop kerb offence
« Reply #1 on: »

Re: Bexley code 27 drop kerb offence
« Reply #2 on: »
On Maps it looks like a vehicle drive in on both sides of the cabinet in the middle.  Is it still the same?



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Council pics




Re: Bexley code 27 drop kerb offence
« Reply #3 on: »
On Maps it looks like a vehicle drive in on both sides of the cabinet in the middle.  Is it still the same?



------

Council pics






Nothing has  changed


Re: Bexley code 27 drop kerb offence
« Reply #4 on: »
Does that mean i have no defence?

Re: Bexley code 27 drop kerb offence
« Reply #5 on: »
Your linked documents are out of focus. Pl repost.

The GSV aerial view shows a red vehicle parked behind the shops. The only access is from the road where you parked. Also there is a corresponding lowered footway on the other side of the road therefore useable by pedestrians as well as vehicles.

On the basis of the layout IMO the contravention is proved.

But as regards procedural issues, we need easy-to-read docs and expand on parking since September and whether for the contravention in question 'legitimate expectation' might be a defence.

Re: Bexley code 27 drop kerb offence
« Reply #6 on: »
Hi, I will repost when i arrive home this evening.


Parked the car in this space in September when i finished working full time, I have not needed to drive the car since so it has remained in the same spot since September and no other tickets have been applied.



Thanks for your help


Re: Bexley code 27 drop kerb offence
« Reply #8 on: »
Your linked documents are out of focus. Pl repost.

The GSV aerial view shows a red vehicle parked behind the shops. The only access is from the road where you parked. Also there is a corresponding lowered footway on the other side of the road therefore useable by pedestrians as well as vehicles.

On the basis of the layout IMO the contravention is proved.

But as regards procedural issues, we need easy-to-read docs and expand on parking since September and whether for the contravention in question 'legitimate expectation' might be a defence.




The cars park in that space from the alley way not from the road, there used to be a garage in the space behind the cabinet, which has long been knocked down.




The drop kerb opposite has a kerb parking bay marked on it, so not designed for pedestrians??

Re: Bexley code 27 drop kerb offence
« Reply #9 on: »
It's not a pedestrian crossing. The only issue is vehicle access.

Re: Bexley code 27 drop kerb offence
« Reply #10 on: »
It's not a pedestrian crossing. The only issue is vehicle access.


So you think I have no appeal?

Re: Bexley code 27 drop kerb offence
« Reply #11 on: »
Any advice on this????

Re: Bexley code 27 drop kerb offence
« Reply #12 on: »
I can't see an adjudicator finding the dropped footway doesn't allow vehicle access on either side of the cabinet (could be motorbikes).

I think your only chance is to get a statement from the property owner(s) saying they are happy not to enforce that section to the right of the cabinet.

Re: Bexley code 27 drop kerb offence
« Reply #13 on: »
I have parked in this space for nearly 30 years.

This is the first ticket i have received for this offence.


Very frustrated.



Could this be a good defence?