Author Topic: Dropped Kerb/Single Yellow on Sunday, PCN issued  (Read 841 times)

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H C Andersen

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Re: Dropped Kerb/Single Yellow on Sunday, PCN issued
« Reply #15 on: July 04, 2024, 09:08:11 am »
OP, the exemption is:

(3)The second exception 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.

This exception does not apply in the case of a shared driveway.


My emphases.

You don't seem to qualify because your last post implies the drive is shared and that the owner of the commercial premises is not the occupier of the residential property.

LondonTraveller84

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Re: Dropped Kerb/Single Yellow on Sunday, PCN issued
« Reply #16 on: July 05, 2024, 09:44:14 am »
So I would need a letter from 319A or 57, as they are residental doors next to the drop kerb enterance?

In the letter would the below suffice, I assume it would have to be in the past,

Dear Council

I am the occupier of the residential premise XXXXX abd I confirm that XXXX came to seek my permission to park in front of the our access that is on Shelley Avenue on XX/XX/XX, to which I approved. He has received a ticket, although I had not called the council to report a contravention or a block, which would be the case if one had not informed me before parking.

Signed *Name of residential owner*
*Address of residential owner*

A devils advocate question

1. As it says " or with the consent (but not consent given for reward) of the occupier of the prem." in the case the occupier is the commerical shop owner, what difference would it make as this latter statement does not mention residential or if anything implies otherwise, as the first statement specfically stated 'Residential'?

2. It's deffinitly not a share drive, so it would need to the letter to state and clarify this if we were to assume the occupier was the commercial owner? Just because it sits alongside a residential property doesn't have to mean automatically its shared?

Thank you.


cp8759

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Re: Dropped Kerb/Single Yellow on Sunday, PCN issued
« Reply #17 on: July 06, 2024, 05:36:26 pm »
Would you be able to get a letter from the occupier of 319D High St N?

Where did you see 319D?
Here:



https://maps.app.goo.gl/dr3VaZ2hjKu81qtDA

Your draft letter says way too much, this would suffice:

Dear local authority,

I reside at 319D High Street North and I am aware that on (date) a PCN was issued to Mr LondonTraveller84 for parking in front of my drive. I hereby confirm that LondonTraveller84 had my consent for parking in front of my drive on this occasion.

Yours faithfully,

Signed *Name of residential owner*

Of course it is possible the numbering on Google is wrong, I guess if you speak to the resident you'll find out for sure what house number it is. There is no need to raise any issues around the drive being shared or whether the premises are residential or not, unless you bring it up yourself the council is unlikely to raise the point. By over-egging the pudding and trying and playing devil's advocate, you'd just risk giving them ideas on how to reject.
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 nor 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.

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H C Andersen

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Re: Dropped Kerb/Single Yellow on Sunday, PCN issued
« Reply #18 on: July 06, 2024, 05:46:37 pm »
OP, you posted:

Great wil do that, as I've spoken to the shop owner the day this happened and prior to parking and after the PCN.

Therefore according to your account unless they reside at 319D whoever does would not be telling the truth.

There's a reason for pre as opposed to post-PCN permission because parliament was conscious that fraud should be addressed hence:

3)The second exception 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.

cp8759

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Re: Dropped Kerb/Single Yellow on Sunday, PCN issued
« Reply #19 on: July 07, 2024, 09:56:18 pm »
There's a reason for pre as opposed to post-PCN permission because parliament was conscious that fraud should be addressed hence:

3)The second exception 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.
I don't think that has anything to do with fraud, I think it's intended to stop a private party profiting from a public highway. Otherwise in areas subject to parking pressure, you could sell the right to park outside your home to the highest bidder.

But yes obviously one fundamental problem with the initial draft is that you cannot say consent was given ahead of time if that was not true, as that would be a false representation and would amount to a criminal offence.

That being said, there is nothing to suggest consent must be given in writing prior to the event, in most cases this does not happen. There is also no reason to confirm to the council when the consent was given, hence why I suggested a much shorter draft.
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 nor 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.

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

LondonTraveller84

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Re: Dropped Kerb/Single Yellow on Sunday, PCN issued
« Reply #20 on: July 11, 2024, 10:38:50 am »
Sorry guys, back on this PCN, now that the other one has been tackled NTO responded:) I must say this forum and you all have been immensely helpful, hoping the that gets overturned, then this be the 3rd! :)

But yes obviously one fundamental problem with the initial draft is that you cannot say consent was given ahead of time if that was not true, as that would be a false representation and would amount to a criminal offence.

What if the consent was given ahead of time, ie I asked the guy can I park and he said yes, then surely it is ok no? or am I missing the point?

Are we saying the wording you provided would be the best way to go ahead to cover points discussed around the bay being shared or resided in or not etc I've re-arranged
one line, which may leave the let open around residing or not and not pin us down, let us know your thoughts

"I am aware that on (date) a PCN was issued to XXX for parking in front of my drive (319D High Street North). I hereby confirm that XXX had my consent for parking in front of my drive on this occasion."

Should the letter be dated and a address added in the top right corner to make it more formal?

A question thats crossed my mind but how do the Council know or verify this, as in theory anyone can just say this letter was from X person but write and sign it themshelves? Should I be getting something else from the guy to add to verify the letter?[/quote]
« Last Edit: July 11, 2024, 10:41:24 am by LondonTraveller84 »

LondonTraveller84

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Re: Dropped Kerb/Single Yellow on Sunday, PCN issued
« Reply #21 on: July 11, 2024, 12:31:41 pm »
Therefore according to your account unless they reside at 319D whoever does would not be telling the truth.

That I do not know, when enquiring about parking in front of the drive, I was advised his the person that I should ask before I park there, i assume it could be that he resides there, although I had no need to ask him where he lives at the point of parking or prior to parking.

I guess as cp8759 suggested keep the draft open is if we're not sure then best to keep it open ended to assumptions :/

LondonTraveller84

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Re: Dropped Kerb/Single Yellow on Sunday, PCN issued
« Reply #22 on: July 12, 2024, 09:27:14 pm »
Having spoken to the person in question and I have asked him to write a letter using the template provided, he has said the address is 57B Shelley Avenue, so I assume I should go with this in the letter,

If someone can confirm in respect to making it a formal letter with a Address in the top right? I assume we are not to date it based on previous discussions.

LondonTraveller84

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Re: Dropped Kerb/Single Yellow on Sunday, PCN issued
« Reply #23 on: July 13, 2024, 10:45:58 pm »
Guys,

Sorry to nudge this, looking to get this one sent through tomorrow before i miss the NTO 28 days.

Just need clarity on

1. If I should put 57B as advised by the person, as that is the door and assume residence assocaited with the drive, while googlemaps shows a entireley different address associated with the front of the property. I could attach a photo showing the dropped kerb enterance and the 57b door in one shot?

2. Adding a full address to the top right and also date to the letter?

LondonTraveller84

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Re: Dropped Kerb/Single Yellow on Sunday, PCN issued
« Reply #24 on: August 04, 2024, 11:57:07 pm »
Hi All,

Got a response and they rejected it! its shocking because the first resposne said they would have considered a letter but it was not provided,, in this response with it provided they didnt even acknowledge it!

They seem to be set on its not allowed to park on a dropped kerb (outside of restricted hours), which I have done for years on the opposite side and never received a ticket and have seen others not receive a ticket with it parked on the side in question.

See attached - https://imgur.com/a/vedI1F8

They've also offered a discounted price again!


LondonTraveller84

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Re: Dropped Kerb/Single Yellow on Sunday, PCN issued
« Reply #25 on: August 12, 2024, 08:56:52 am »
Hi All

Any assistance on how to proceed to the appeal for adjudication, would me taking photos of cars parked on the same spot and the oppposite spot (with a dropped kerb) help my case?


H C Andersen

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Re: Dropped Kerb/Single Yellow on Sunday, PCN issued
« Reply #26 on: August 12, 2024, 10:09:43 am »
As I understand it, when distilled to its essence your argument is to the effect that you were exempt from the prohibition because:

3)The second exception 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.


I suggest you show us your reps including the letter which you submitted to provide proof of your entitlement to rely upon this exemption.

I don't want to get embroiled in procedural issues until you've posted your reps.

LondonTraveller84

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Re: Dropped Kerb/Single Yellow on Sunday, PCN issued
« Reply #27 on: August 12, 2024, 08:02:40 pm »
I suggest you show us your reps including the letter which you submitted to provide proof of your entitlement to rely upon this exemption.

Please see the letter submitted - https://imgur.com/a/19rpp95

My Reps

Following on from the initial appeal to this PCN by my husband (XXXX), permission was sought prior to him parking my car infront of the entrance where the dropped kerb in question was. Please find attached proof that was requested by the enforcement authority in their response, confirming that consent was provided, that would allow the cancellation of the PCN.

As stated before and we shall re-iterate that we have been informed this is not the first time this has happened, where the CEO's operating within this area have issued PCNs, even though the owners of properties adjacent have not called to report any obstruction. I can only assume many in this situation would pay to secure the discounted rate and avoid taking further to appeal, where as I am willing to take this to adjudication as permission was sought and parking was genuine rather the enforcement authority has not followed the correct procedure.

LondonTraveller84

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Re: Dropped Kerb/Single Yellow on Sunday, PCN issued
« Reply #28 on: August 14, 2024, 11:09:30 pm »
Any thoughts, just conscious I have 6/7 days left to reply to adjudication.

Can I use pictures ive taken daily of cars parked on both sides with dropped kerbs and no tickets as evidence to back up the fact theyve never issued such tickets unless they are called for an obstruction?

Also they have a dropped kerb at the start of the road for pushchairs and prams etc that they've mentioned.


LondonTraveller84

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Re: Dropped Kerb/Single Yellow on Sunday, PCN issued
« Reply #29 on: August 18, 2024, 04:34:47 pm »
H C Andersen/cp8759 or otheres.

Are you able to guide me on how to proceed, as its my first appeal to adjudication and the only reason I've gone this far was having seen this forum and the assitance one gets, otherwise I'm one to normally pay the discounted rate. So would really appreicate any advice or guidance to help my have a solid appeal at adjudication.

I guess worst case I'll just have to go to appeal with the letter combined with the second exemption without any further evidence. I have taken numerous photos of cars infront of that same gate without any tickets.