Free Traffic Legal Advice

Hi,
Driver received PCN for parking for 5 mins on the footpath, driver delivering stuff to the business next door on the street.

PCN reason - "who had the reason to believe that following contravention had occurred and that penalty charge is now payable: 27 Parked adjacent to a dropped footway".

Appealed with council they rejected saying below reasons -

"You were given a PCN for parking adjacent to a dropped footway. A dropped footway is
where the footway, cycle track or verge has been lowered to facilitate easy access, including
assisting wheelchair users, and other pedestrians.
Dropped footways do not require signs or lines and any vehicle parking alongside a dropped
footway is liable to receive a PCN and; where appropriate, the vehicle may be removed
incurring further charges.
You have stated that I were loading and do not feel you were causing any obstruction,
however in this instance there is no exemption for loading. Dropped footways, as per the
Highway Code, must be left clear at all times.
I have carefully considered your case and I am satisfied that your PCN was issued correctly,
and as such, I have taken the decision not to cancel it".

Pics -

Attached pics from the parking spot.

https://imgur.com/a/cqjGURw

Is there anyway driver can fight this? Driver only parked there for 5 mins and left after delivering stuff.

Please post a GSV Streetview link to the location, so we can see what is there without the car there. At the moment, your narrative gives a mitigation argument, which they almost always reject, (like 95%).

Well, I have to say that it looks as if both corners here are droppped. Here is an earlier GSV view showing this: -
https://maps.app.goo.gl/7ZRoBvkesbepn5Cg7

Being parked for only 5 minutes and on a delivery is not a reason for cancellation, it comes under mitigation as I said before. If you want to fight this, you have the right to do so, provided you are the vehicle owner and hold the V5C Registration Certificate with your name and address on it. You can wait for the Notice to Owner, submit reps to that, and when rejected, register an appeal with the Traffic Penalty Tribunal. The downside is you have to risk the full PCN penalty. No discount option.

Thanks for the advise.


I will wait for the NTO and let you known here. On what basis i can submit reps to NTO?

As already discussed here, but do be aware that the discount is lost atthe Notice to Owner stage. However, many councils do re-offer it to save themselves the hassle of having to prepare an evidence pack for the adjudicators. This is because if the discount is not r-offered, it becomes a total no-brainer for the appellant to take them to adjudication because the penalty remains the same and there are no additional costs. Make them do at least some work for their money !

Please post up all sides of the NtO - redact yr name & address only .

You've over redacted - should be name & address only - including the date of the NtO - which is?

That said. I did look to see is the opposite kerb was also dropped - it was.

But on almost every historic GSV back to 2008 there is a vehicle parked on one or both DKs, usually both, which gives rise to the possibility of 'legitimate expectation'. However, don't hold yr hopes too high.

I don't see any argument for mitigation.

Either it's a 'dropped footway' as defined(https://www.legislation.gov.uk/ukpga/2004/18/section/86) or it isn't.

If it isn't, then no contravention.

If it is then the only exception which might apply is this:


(5)The fourth exception is where—

(a)the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,

(b)the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

(c)the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.

And OP, it's the keeper's burden to prove their entitlement.

It's not mitigation, it's an exception - if it applies.

Hi,
Can i use the below fourth exception on my representation to NTO?

"(b)the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

(c)the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.".

Regards
Thanks,

Council rejected my representation initially saying its a dropped footway...

"You were given a PCN for parking adjacent to a dropped footway. A dropped footway is
where the footway, cycle track or verge has been lowered to facilitate easy access, including
assisting wheelchair users, and other pedestrians.
Dropped footways do not require signs or lines and any vehicle parking alongside a dropped
footway is liable to receive a PCN and; where appropriate, the vehicle may be removed
incurring further charges.
You have stated that I were loading and do not feel you were causing any obstruction,
however in this instance there is no exemption for loading. Dropped footways, as per the
Highway Code, must be left clear at all times.".

Can i use the below fourth exception on my representation to NTO?

"(b)the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

(c)the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.".

Regards
[/quote]