3. parked over a dropped kerb but....
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parked over a dropped kerb but....
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Received a PCN, dated today 22.05.2025.

Observed from 10:08 to 10:08.

The area parallel to the dropped kerb has fixed metal posts. The dropped kerb can not be used.
Is this a ground for appeal?

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Re: parked over a dropped kerb but....
« Reply #1 on: »
Yes post up all the documents and photos also a GSV
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Re: parked over a dropped kerb but....
« Reply #2 on: »
ticket and GSV attached

https://maps.app.goo.gl/k95QqfNFzQY7zBBCA



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Re: parked over a dropped kerb but....
« Reply #3 on: »
What is the car VRM.
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Re: parked over a dropped kerb but....
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Re: parked over a dropped kerb but....
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Re: parked over a dropped kerb but....
« Reply #6 on: »
the reg is as per the photo, WV06AUH.

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Re: parked over a dropped kerb but....
« Reply #7 on: »
Havering still isn't putting pictures up in good time. We need to see these and they should be up in a few days.

Havering hasn't been offering the discount on a rejected challenge - I presume this is still the case.
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Re: parked over a dropped kerb but....
« Reply #8 on: »
Quote from: stamfordman on May 27, 2025, 03:05:07 pm
Havering still isn't putting pictures up in good time. We need to see these and they should be up in a few days.

Havering hasn't been offering the discount on a rejected challenge - I presume this is still the case.

Yes, they are saying the discount only applies to a non-challenged ticket.
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Re: parked over a dropped kerb but....
« Reply #9 on: »
This is trivial and given the CEO has of course not shown the fence I would have a go at this. The sloping part doesn't count so all we are looking at is a bit of overhang adjacent to a small bit of dropped footway which in turn is adjacent to a fixed fence that's been there since at least 2008 and extends a lot further than where you were as your pics show.

And what do those white markings on the pavement indicate in your pic? Looks level with a dropped kerb on the inside of the pavement!



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« Last Edit: May 28, 2025, 05:48:39 pm by stamfordman »
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Re: parked over a dropped kerb but....
« Reply #10 on: »
Thanks. On the face of it, I would think an appeal should be successful given the fence removes the pedestrian/vehicular access over the dropped kerb. And the dk in itself seems to not follow the correct line from the inside/fence line. Maybe the white markings are there to correct that?!

Anyway, not sure how to start the appeal text. Can anyone help with that?
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Re: parked over a dropped kerb but....
« Reply #11 on: »
I think the OR is Openreach and a red herring to do with broadband cabling. But it's a good marker.

Dear Havering,

the contravention did not occur as no part of my vehicle was adjacent to a lowered footway that is there for the purpose of assisting vehicles entering or leaving the carriageway across the footway.

As you can see from a picture I took after receiving the PCN (enclosed), not only is there a fixed fence that has been there since at least 2008 according to Google Maps, the footway is also not lowered across the footway's extent to where it meets the fence, at the point where my car was.

Your CEO has only taken a picture of a trivial incursion by what seems to be a historical part of the kerbside and failed to give the whole picture that this part of the footway is not fully lowered into the premises.

I trust you will cancel this PCN which seems to have been issued in error and look forward to your early confirmation of cancellation.

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Re: parked over a dropped kerb but....
« Reply #12 on: »
IMO, I wouldn't argue that you were not parked adjacent to a lowered footway. IMO, it's clear you were. The standard construction pattern is kerb, single sloping kerbstone then lowered footway. Over time stones move, but there's no point arguing that it wasn't a lowered footway to the standard needed, IMO it was.

And everything in front of your nearside front wheel was adjacent.

But lowered doesn't mean 'dropped' as defined.

IMO, you do not have a two-pronged argument, yours is based upon a simple argument i.e. the condition of the lowered footway indicates that it has been in situ for some time, GSV shows it predates 2008 and that
 'the purpose of assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge' does not subsist where you were parked being delimited, you submit, in law as well as practice by the presence of fixed barriers at the back of the footway which prevent use for its original purpose at the point you were parked.


It was probably installed to afford access to the off-street commercial premises and
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Re: parked over a dropped kerb but....
« Reply #13 on: »
Quote from: H C Andersen on May 29, 2025, 10:48:00 am
IMO, I wouldn't argue that you were not parked adjacent to a lowered footway. IMO, it's clear you were. The standard construction pattern is kerb, single sloping kerbstone then lowered footway. Over time stones move, but there's no point arguing that it wasn't a lowered footway to the standard needed, IMO it was.

I said:
the contravention did not occur as no part of my vehicle was adjacent to a lowered footway that is there for the purpose of assisting vehicles entering or leaving the carriageway across the footway.

I'll revise it to:
the contravention did not occur as no part of my vehicle was adjacent to a section of lowered footway that is there for the purpose of assisting vehicles entering or leaving the carriageway across the footway.
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Re: parked over a dropped kerb but....
« Reply #14 on: »
So v2. is:

Dear Havering,

The contravention did not occur as no part of my vehicle was adjacent to a section of lowered footway that is there for the purpose of assisting vehicles entering or leaving the carriageway across the footway.

As you can see from a picture I took after receiving the PCN (enclosed), not only is there a fixed fence that has been there since at least 2008 according to Google Maps, the footway is also not lowered across the footway's extent to where it meets the fence, at the point where my car was.

Your CEO has only taken a picture of a trivial incursion by what seems to be a historical part of the kerbside and failed to give the whole picture that this part of the footway is not fully lowered into the premises.

I trust you will cancel this PCN which seems to have been issued in error and look forward to your early confirmation of cancellation.

Ok?
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  3. parked over a dropped kerb but....