Author Topic: Parked in a "special enforcement" area adjacent to the footway: Code 27  (Read 1400 times)

0 Members and 63 Guests are viewing this topic.

Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
« Reply #15 on: »
I did this which is better. They'll probably reject at this stage though.

-----------

I am challenging the PCN as the contravention did not occur. No part of my vehicle was adjacent to a part of the footway lowered for the purposes set out in the legislation.

As you can see from your CEO’s pictures, only a trivial portion of my car extends beyond the sloping kerb to the fully lowered part, and I enclose my own picture showing that this sloping kerb is adjacent to a pedestrian gate and is at the opposite end of the lowered portion of the footway.

At the other end is a vehicle access gate but my car was not in any way adjacent to this. It is clear that the lowered area extends beyond where it should be. 

I only parked there briefly while I collected an iPad from a friend and I was careful to ensure I was well away from the vehicle gate.

I trust that given no contravention occurred you will cancel the PCN and look forward to your early confirmation.

 

I did this which is better. They'll probably reject at this stage though.
Thanks. Unfortunately, that is the case...


Quote
Thank you for your recent communication in connection with the above Penalty Charge Notice (PCN).
The PCN was issued as your vehicle was parked in front of a section of footway, cycle track or verge lowered to meet the level of the carriageway.

Having reviewed the case, we have decided not to cancel the PCN. The reasons for our decision and the options available to you at this stage are set out below.

your correspondence indicates that you do not believe that your vehicle was causing an obstruction.

Our Civil Enforcement Officers (CEOs) act on behalf of the Council and as such are trained to issue PCNs only when they witness a violation of either, the council's parking policy or the rules of the Highway Code.

Having now reviewed all the photos and evidence relating to your case that I have available to me, I can see that your vehicle was indeed parked in contravention of the rules and that the PCN was correctly issued.

when parking it remains the motorist's responsibility to adhere to the Highway Code, as well as any signs and lines that may be present to ensure that their vehicle is parked legally, before leaving it unattended.

The Highway Code states: You MUST NOT stop or park where the kerb has been lowered to help wheelchair users and powered mobility vehicles". Doing so can also obstruct access to vehicle driveways and pedestrian crossings.

As your vehicle was parked in contravention of the rules in this instance, I am not willing to accept your appeal.

If you would like to view the evidence we have in relation to this penalty charge, then please logon to: www.bexley.gov.uk/parking and follow links to pay/appeal your PCN. When prompted, enter your PCN number and vehicle registration details, the available evidence can then be accessed using the 'View Evidence' button towards the bottom of the screen.

Going forward

• You have 28 days from the date of this Notice being served, to pay £140.00.
• Alternatively, you can appeal to the Parking Adjudicator. Details on how to do so are contained in the attached appeal form. To appeal online you will need the verification code which can be found at the top of this Notice and in the appeal form.

Act now

If, after 28 days, you have taken no action, we may send you a Charge Certificate increasing the charge to £210.00. You will then have 14 days to pay the increased charge. If, after the 14 days, you have not paid the increased charge, we may apply to the County Court to recover the penalty charge plus court costs from you.

I didn't even get the discount back. They want me to pay £140.

They also printed out a London Tribunals Right to appeal letter. What do I do?
« Last Edit: Today at 05:59:26 pm by Mana »

No reoffer of the discount means it is now a total no-brainer to take them to London Tribunals, because the penalty remains the same, and there are no additional costs. If you win, you pay nothing, if you lose, you pay the £140 they've already asked you to pay.