Author Topic: PCN: Sutton code 27 parked in a special enforcement area adjacent to a dropped footway  (Read 306 times)

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I would appreciate some advice please.

I received a Notice to Owner stating that a PCN had not been paid however I never received a PCN. I've attached both the notice and the evidence provided by the council. Although there is a PCN on the windscreen this was not there when I went back to the car, otherwise I would have paid it. I suspect that someone removed it.

My query is twofold. Firstly are there any grounds for appealing on the basis that I did not receive the PCN.

Secondly, is it justifiable to appeal on the grounds that the tyre is not actually touching the dropped footway.

Thank you for your time.

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« Last Edit: March 20, 2024, 12:26:30 am by HeavenlyPlaces20 »

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Firstly are there any grounds for appealing on the basis that I did not receive the PCN ?
Not finding a PCN on the car, then getting an NtO is fairly common.  ALthough photos are not a legal requirement, (it is your word against the CEO's), most councils get their CEOs to take a photo of the PCN envelope on your windscreen to show that it was served.  Is there such a photo on their website ? The Notice to Owner is only valid if a PCN is served.
What you definitely can submit reps on, is that not having received the PCN, you have been denied the opportunity to pay the discounted amount.

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Secondly, is it justifiable to appeal on the grounds that the tyre is not actually touching the dropped footway.
Sorry, but no, you show a photo where the whole car in front of the front wheel is intruding into the dropped section, so the contravention is made out, I'm afraid, It may not look like much, but it's enough.

Please post-up the NtO, all sides. Redact only name and address. If you're nervous you can blank the reg.number,  but it's on display every time you go for a tootle in the car !

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A real bolt hole, not the sort of cul-de-sac one stumbles across by accident. The peculiar layout has given the council a headache as regards waiting restrictions and in your head-on photo two cars behind are exploiting exactly this situation. Looking at GSV(1 year ago) and your photos the crossover looks to have been upgraded with two cars parked side-by-side off-street now whereas only one a year ago.
And the less said about the rear of your car the better - IMO the edge of carriageway cut-away would mean your rear being liable for removal by the police for obstruction if you parked further back i.e. not adjacent to dropped footway at the front, so I wouldn't be tempted to try this solution if you might be minded to return.

Incandescent has set out the route you should follow at this stage.
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Quote
Firstly are there any grounds for appealing on the basis that I did not receive the PCN ?
Not finding a PCN on the car, then getting an NtO is fairly common.  ALthough photos are not a legal requirement, (it is your word against the CEO's), most councils get their CEOs to take a photo of the PCN envelope on your windscreen to show that it was served.  Is there such a photo on their website ? The Notice to Owner is only valid if a PCN is served.
What you definitely can submit reps on, is that not having received the PCN, you have been denied the opportunity to pay the discounted amount.

Thank You I definitely do this.

Quote
Secondly, is it justifiable to appeal on the grounds that the tyre is not actually touching the dropped footway.
Sorry, but no, you show a photo where the whole car in front of the front wheel is intruding into the dropped section, so the contravention is made out, I'm afraid, It may not look like much, but it's enough.

Aright thank you for confirming

Please post-up the NtO, all sides. Redact only name and address. If you're nervous you can blank the reg.number,  but it's on display every time you go for a tootle in the car !

lool Yes that's true. I attached the NTO along with the council's photo evidence. I hope you can see it. I don;t have it to hand at the moment. Thank you for your time.

A real bolt hole, not the sort of cul-de-sac one stumbles across by accident. The peculiar layout has given the council a headache as regards waiting restrictions and in your head-on photo two cars behind are exploiting exactly this situation. Looking at GSV(1 year ago) and your photos the crossover looks to have been upgraded with two cars parked side-by-side off-street now whereas only one a year ago.
And the less said about the rear of your car the better - IMO the edge of carriageway cut-away would mean your rear being liable for removal by the police for obstruction if you parked further back i.e. not adjacent to dropped footway at the front, so I wouldn't be tempted to try this solution if you might be minded to return.

Incandescent has set out the route you should follow at this stage.

Alright thank you for this and thanks for your time.

@HeavenlyPlaces20 can you please give us a link to the exact spot on google street view?
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.

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