3. Ealing Council - Contravention 27 parked on lowered kerb, Ellison Gardens
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Ealing Council - Contravention 27 parked on lowered kerb, Ellison Gardens
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My mother had parked outside a GP 7am in the morning (GP opens at 8am) on part of the road where the kerb is lowered. The lowered kerb is marked with lines indicating a bay and suggesting parking is allowed. Furthermore, the car was not blocking any gate or entrace of any sort.

She was given a PCN for Contravention 27 - Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.

There was also no signs mentioning that parking isn't allowed.


Given these reasons above (GP not yet open/lines suggesting bay/no entrace blocked/no signs), is it worth appealing?


I have drafted this with the use of AI:


Hi,

I wish to challenge this PCN on the basis that the restriction was not clearly conveyed.

The location is marked as a parking bay, and the bay markings extend right up to the dropped kerb. This creates a legitimate expectation that parking is permitted in that space.

There are no yellow lines, and no signage indicating that part of the bay is restricted. The layout is misleading and invites drivers to park there.

A reasonable driver would conclude that the marked bay includes the area adjacent to the kerb.
As the council has a duty to ensure restrictions are clear and not misleading, I request that the PCN be cancelled.





The PCN number:AO10229272
Vehicle Registration: KS15KSJ


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Re: Ealing Council - Contravention 27 parked on lowered kerb, Ellison Gardens
« Reply #1 on: »
No contravention - clearly car was in a parking place. The law says:

The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.


Traffic Management Act 2004
An Act to make provision for and in connection with the designation of traffic officers and their duties; to make provision in relation to the management of road networks; to make new provision for...
legislation.gov.uk


You only need to say:

There was no contravention as my car was parked in a designated parking place.

As you are no doubt aware this is an exception to the prohibition of parking at dropped footways.

I look forward to your early cancellation of this PCN and respectfully suggest you review your training of CEOs.





« Last Edit: June 19, 2026, 10:10:51 am by stamfordman »
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Re: Ealing Council - Contravention 27 parked on lowered kerb, Ellison Gardens
« Reply #2 on: »
The marked bay trumps the lowered kerb, so sho should submit reps on the basis that she parked in a marked bay, therefore the contravention did not occur.
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Re: Ealing Council - Contravention 27 parked on lowered kerb, Ellison Gardens
« Reply #3 on: »
Hi guys,

Thanks for your support. I sent the following appeal and was fairly confident that it would get appealed:
There was no contravention as my car was parked in a designated parking place.

As you are no doubt aware this is an exception to the prohibition of parking at dropped footways.

I look forward to your early cancellation of this PCN and respectfully suggest you review your training of CEOs.



Today I got the council's reply and they have rejected it which doesn't make sense since the first exception to Section 86 clearly applies. This was their reply:
















What should my next course of action be or am I unlikely to get this appealed?
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Re: Ealing Council - Contravention 27 parked on lowered kerb, Ellison Gardens
« Reply #4 on: »
Section 86 of the TMA 2004

Quote
86  Prohibition 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—

(i)assisting pedestrians crossing the carriageway,

(ii)assisting cyclists entering or leaving the carriageway, or

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

(b)the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.

This is subject to the following exceptions.
(2)The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).

This should be a slam-dunk win at London Tribunals, but first you must wait for the Notice to Owner, and submit reps against that, pointing out their mendacity in quoting Section 86, but ignoring the exemptions

So is your mother the owner of the car and is the address on her V5C Registration Certificate up-to-date ?
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Re: Ealing Council - Contravention 27 parked on lowered kerb, Ellison Gardens
« Reply #5 on: »
If they don't cancel at next stage a costs application is in order. They have just ignored your challenge and sent template.
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Re: Ealing Council - Contravention 27 parked on lowered kerb, Ellison Gardens
« Reply #6 on: »
Their description and illustration of a dropped kerb is also false. It does not unclude the sloping kerbs (which Ealing call 'height transition kerb').
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Re: Ealing Council - Contravention 27 parked on lowered kerb, Ellison Gardens
« Reply #7 on: »
Quote from: Incandescent on Today at 02:45:23 pm
Section 86 of the TMA 2004

Quote
86  Prohibition 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—

(i)assisting pedestrians crossing the carriageway,

(ii)assisting cyclists entering or leaving the carriageway, or

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

(b)the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.

This is subject to the following exceptions.
(2)The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).

This should be a slam-dunk win at London Tribunals, but first you must wait for the Notice to Owner, and submit reps against that, pointing out their mendacity in quoting Section 86, but ignoring the exemptions

So is your mother the owner of the car and is the address on her V5C Registration Certificate up-to-date ?


Me and my mum share the car and I’m the registered keeper. Address is also up to date.
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