Author Topic: Enfield, code 27 Parked In a special enforcement area adjacent to a footway lowered to the level of the carriageway  (Read 447 times)

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Hi All,
Firstly I would like to thank you all for setting up this site. It is genuinely nice to see somewhere on the internet where people are going out of their way to help others. Well done to you all.

Here is the links to the PCN photos
https://share.icloud.com/photos/01f4g7UMbOvcthwXQUvzQRZ4w
https://share.icloud.com/photos/0f52XKerNUGMJaUa0usCewbSQ

And the location on google maps
https://maps.app.goo.gl/DwKq9JZWh4gRCwiZA

I parked in a side road at about 9pm when it was dark. I saw there were garages and a dropped kerb so was mindful to park properly. But the mistake I make was to use the white line as a guide to where I should park up to. This line was short of the end of the dropped kerb, hence the reason given for the PCN.
My issue is as following
- The dropping of the kerb is only slight, which does not make it very obvious, especially at night.
- Most people would assume the white line would be a good guide to know where to be able to park up to. Again especially at night when the dropped kerb edge is not obvious.
- The 'garage' itself is not used to park a vehicle. So I wasn't inconveniencing the garage owner. I realise the enforcement office would not have known this.

Do you think there is any ground for appeal here? Or should I just pay the fine and put it down to bad luck?

Very much appreciate you thoughts.

Regards
Max

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The photos do show you encroached on the part where the kerb meets the carriageway.

You refer to some knowledge of the garage and what it's (not) used for so do you know the owner?

Thanks for the quick reply.
I don't personally know the home owner but I live round the corner and am aware of the goings on in my neighbourhood. I've seen the garage door open and it is used for storage rather than a place to park a vehicle.

Do you think the council and tribunal will just look at this in a black & white way rather than considering the specific situation where the white line is too short and can mislead people.
I'm sure I'm not the only one to have fallen foul of this.

I was hoping if I appeal they may see how a genuine mistake has been made. Or is this just wishful thinking.

I do not think the pcn is compliant. There is no postal address at which to pay or challenge.  I need a few days to research this as I am on holiday
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
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Hi MrMustard,
I hadn't even considered the format of the PCN could be a reason to appeal. I look forward to the outcome of your research. And enjoy your holiday :)

The PCN is required to contain an address at which representations against a PCN can be sent. That is, by default, a postal address although email and a portal can be offered in addition. Anything else does not facilitate the making of representations by the elderly who may not use computers.

The Enfield PCN does not have an address to write to.

I would also rely on the placement of the line and your knowledge that the garage is used for storage.
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
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Mr M, I'm not doubting your view, but could you provide an authority for the issue of postal address pl.

I've just read the General and Appeals Regs and the SoS's Guidance and can only find a reference to 'postal address' in the context of 'enforcement notice'.

Thanks Mr Mustard,

I'll appeal the PCN on the 2 points,
- Misleading road markings
- PCN missing postal address for appeals.

Fingers crossed but I assume they will reject and I'll have to go on to the tribunal.

Thanks for all your guidance. I'll put an update on here on the eventual outcome.

Regards
Max

Mr M, I'm not doubting your view, but could you provide an authority for the issue of postal address pl.

I've just read the General and Appeals Regs and the SoS's Guidance and can only find a reference to 'postal address' in the context of 'enforcement notice'.

Hi HCA, there is nothing in the Regs which sets out what the address should be a on a PCN. I am relying on the reasonable assumption that it should be the same as for an NtO (and we can run the argument at that stage also) that the form is as set by London Councils Traffic & Environment Committee which sets out post as being the first method with any others being optional (but telephone must be offered to comply with the Equality Act reasonable adjustments duty).
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.

Hi Mr Mustard,
Here is the latest update on the PCN.
I appealed to Enfield council with the below points...
- Misleading road markings
- PCN missing postal address for appeals.

...and as expected it was rejected by email.
I'm waiting to receive the Notice of Rejection to understand the steps to appeal further.
Below is the text of the rejection. They didn't really comment on the reasons for my appeal, just provided a pretty standard text.
I'll update on how the further appeal progresses.

Traffic Management Act 2004 and London Local Authorities Act 2000
Penalty Charge Notice (PCN) Number: EF15328952
Date of Contravention: 29/03/2025
Location of Contravention: CLIVE WAY EN1
I refer to your letter received in connection with the issue of the above Penalty Charge
Notice.
The Penalty Charge Notice was issued because your vehicle registration WD74PJO was
seen by Civil Enforcement Officer EN149 in CLIVE WAY EN1, for the following alleged
parking contravention 27 Parked in a special enforcement area adjacent to a footway,
cycle track or verge lowered to meet the level of the carriageway .
The current legislation (Section 86 of the Traffic Management Act 2004) allows for
enforcement action (issue of a Penalty Charge Notice and subsequent removal of
contravening vehicle) to be taken when a vehicle is parked adjacent to a dropped footway.
This covers any dropped footway including those which allow vehicles access (a
‘crossover’) and those which assist persons crossing the road. The legislation was made
by an Act of Parliament, so the local authority is not required to sign the contravention.
The Council will only take action for residential premises when a complaint has been
received. In this case, your vehicle was parked across a residential access area and a
resident made a complaint.
While the entirety of the entrance may not have been blocked, this does not prevent
the contravention, although only part of the vehicle was adjacent to the dropped kerb, this
is sufficient for the contravention to occur; and in any event parking in this way hard-up
against driveways is potentially dangerous as it obstructs sight lines for vehicles entering
and exiting the premises. A resident did complain about your vehicle being parked in
contravention and therefore the Council was obliged to take enforcement action on their
behalf.
If you would like to view the photographs taken of your vehicle on the date in question
please visit the website https://parkingservices.itsvc.co.uk/enfield/notices/


Our Ref: EF15328952
Your Ref: WD74PJO
Tel: 03300 884798 (Payments)
0843 2081777 (Enquires)
(Mon-Fri 9:30am – 4:30pm)

Website: https://parkingservices.itsvc.co.uk/enfield/notices/
Date: 01/05/2025

Your comments have been noted and considered. In this instance, I am not prepared to
cancel the Penalty Charge Notice. I must, therefore, request payment of £65.00 to be
received within 14 days from the date of this letter.
Payment can be made as follows:
 By Telephone
Call 0330 088 4798 (24hr payment line) using one of the following debit or credit cards
– MASTERCARD, VISA, DELTA, SWITCH.
 On Line
Go to https://parkingservices.itsvc.co.uk/enfield/notices/ and follow the instructions.
Please note that payment of the discounted sum will close the PCN. If you wish to
take this matter further, payment should not be made.
A Notice to Owner form will be sent to the registered keeper of the vehicle as shown on
the DVLA records. At that time the penalty will be at the statutory rate (£130.00) and the
opportunity to pay the discounted sum will not be available.
The Notice to Owner gives the grounds upon which formal representations can be made to
the Local Authority. If formal representations are rejected by the Local Authority a Notice
of Rejection will be issued with details of how to appeal to the independent Parking
Adjudicator. An appeal cannot be made to the Adjudicator until the Notice to Owner has
been issued and formal representations rejected.
Yours sincerely

Issued by NSL
On behalf of Head of Parking Services

The PCN photos are no longer available, please put them back.

Time to decide whether to risk the discount on technical arguments or to pay the 50%.

To fight on just sit and wait for the Notice to Owner.
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.

Hi Mr Mustard,
Seems like the shared photo link expired....below is a mew link with the photos and the PCN itself.
https://share.icloud.com/photos/0cauGq_U-67HupGpIOeu8hLjQ

I'm inclined to take it further. Unless you think it is a lost cause.

Well, the photos show your car intruding into the dropped section by about 2, maybe 3 feet. So the contravention is made out in my opinion.So you'd be taking things forward on what is called a "technical" appeal. In your case this is because the PCN does not have an address on it.
However, looking at the 2022 regulations, nowhere does it say that an address has to be on the PCN. It is implied in Regulation 3 of the The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

Quote
3.—(1) A regulation 9 penalty charge notice must include the following information—

(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;

(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;

(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.

Then, looking at the other 2022 regs, The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022
we find this: -

Quote
Meaning of “regulatory matters”
1.  In this Schedule “the regulatory matters”, in relation to an alleged relevant road traffic contravention, means—

(a)the name of the enforcement authority,

(b)the registration mark of the vehicle involved in the alleged contravention,

(c)the date on and the time at which the alleged contravention occurred,

(d)the amount of the penalty charge, and

(e)the manner in which the penalty charge must be paid.

Particulars to be included in a penalty charge notice given under regulation 9
2.  The information to be included in a penalty charge notice served under regulation 9 is—

(a)the date on which the notice is served,

(b)the regulatory matters,

(c)the grounds on which the civil enforcement officer issuing the notice believes that a penalty charge is payable,

(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,

(e)that if the penalty charge is paid no later than the applicable date, the penalty charge will be reduced by the amount of any applicable discount, and

(f)that if the penalty charge is not paid within the period of 28 days referred to in sub-paragraph (d), a notice to owner may be served by the enforcement authority on the owner of the vehicle.

This merely says "the manner in which the penalty charge must be paid". What a load of tosh ! Where do they get the people who write these regulations from ?