Author Topic: Harrow, code 27 parked next to dropped kerb, Westfield Drive  (Read 1263 times)

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Harrow, code 27 parked next to dropped kerb, Westfield Drive
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Hello,

Contravention 27: Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway
https://maps.app.goo.gl/9JAGrYEDhMEtpm2S9 (where the black car is)

I got a PCN yesterday from the council for parking on the road next to the dropped kerb of a driveway. The rear end of the car was hanging off the slopped kerb but the flat part of the driveway was clear.

They have taken various angles and of course, it looks deceptive. One of the angles does show the flat part of the driveway is clear.

I have already put in an informal appeal but I did not follow any templates but did select contravention did not happen.

I wasn't aware that the slopped part needs to be clear too?

Any thoughts will be helpful!

Thanks in advance.

https://ibb.co/SwrPGbZ
https://ibb.co/n0mz3TX
https://ibb.co/SJLYFW2
« Last Edit: August 22, 2024, 01:04:07 pm by storm1059 »

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Re: Harrow, code 27 parked next to dropped kerb, Westfield Drive
« Reply #1 on: »
Artistic photos by the CEO but the last on shows you parked adjacent to the sloping kerb and that does not count so you should make a challenge along those lines.

Post the PCN both sides

Re: Harrow, code 27 parked next to dropped kerb, Westfield Drive
« Reply #2 on: »
I have attached the PCN.

https://imgur.com/a/EoGQLeo

Please let me know if you need anything else

Re: Harrow, code 27 parked next to dropped kerb, Westfield Drive
« Reply #3 on: »
@storm1059
did you take your own photos at the time showing the cars position??
Quote from: andy_foster
Mick, you are a very, very bad man

Re: Harrow, code 27 parked next to dropped kerb, Westfield Drive
« Reply #4 on: »
I didn't realise i got a ticket until the next day due to the direction of the car parked and visibility from the driver seat.

Here are all the photos from the council, however.
https://imgur.com/a/nYKHlz7

Re: Harrow, code 27 parked next to dropped kerb, Westfield Drive
« Reply #5 on: »
Well, it seems clear that the contravention did not occur, but only just; you were very close to the dropped section.
The sloping sections either side are not part of the dropped section so you should submit reps on that basis. Something like: -

Dear Sirs

Re PCN <number> served on <dd/mm/yyyy> at <location>

I deny liability for the above PCN on the grounds that the contravention did not occur.

The alleged contravention is for parking adjacent to a kerb lowered to meet the carriageway. It has been decided over the decades since this contravention came within council decriminalised enforcement powers that the sloping kerb stones either side of the dropped section are not part of it. The photos taken by your CEO show that this is the case, and the car is therefore not in contravention.  I therefore request that the PCN be cancelled forthwith.

Yours faithfully.

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Re: Harrow, code 27 parked next to dropped kerb, Westfield Drive
« Reply #6 on: »
Well, it seems clear that the contravention did not occur, but only just; you were very close to the dropped section.
The sloping sections either side are not part of the dropped section so you should submit reps on that basis. Something like: -

Dear Sirs

Re PCN <number> served on <dd/mm/yyyy> at <location>

I deny liability for the above PCN on the grounds that the contravention did not occur.

The alleged contravention is for parking adjacent to a kerb lowered to meet the carriageway. It has been decided over the decades since this contravention came within council decriminalised enforcement powers that the sloping kerb stones either side of the dropped section are not part of it. The photos taken by your CEO show that this is the case, and the car is therefore not in contravention.  I therefore request that the PCN be cancelled forthwith.

Yours faithfully.



Thank you @Incandescent! Unfortunately I had already appealed before posting on the grounds of Contravention did not occur and mentioned the flat area of the driveway was clear and there was no other parking space on the road.

As suspected, they have rejected the appeal. Attached is the redacted letter from the council - is this worth fighting or is it a risky one and better of paying the discounted fine?

https://imgur.com/a/BLlpT1R

Kind Regards!

Re: Harrow, code 27 parked next to dropped kerb, Westfield Drive
« Reply #7 on: »
This is an easy win - the council has misstated the law twice in the rejection. The sloping part doesn't count.


Re: Harrow, code 27 parked next to dropped kerb, Westfield Drive
« Reply #8 on: »
wait for the NTO then send the same challenge as formal representations

Re: Harrow, code 27 parked next to dropped kerb, Westfield Drive
« Reply #9 on: »
Let's see your initial reps pl.

Re: Harrow, code 27 parked next to dropped kerb, Westfield Drive
« Reply #10 on: »
Thanks guys - i will wait for NTO and send what @Incandescent has written.

@H C Andersen I wasn't able to download my appeal confirmation so I've emailed them requesting it (I didn't save what I wrote anywhere so hopefully they can provide a copy of my appeal).

Re: Harrow, code 27 parked next to dropped kerb, Westfield Drive
« Reply #11 on: »
Let's see your initial reps pl.

Here you go:

Q: Please describe why you want to challenge the penalty charge notice

A: Hello,

Hope you're well.

I have posted these pictures on a local facebook group as I feel some injustice with this ticket, they have recommended I appeal the ticket as it's outrageous.

There are no parking restrictions on the road, the driveway is clear for the house. The car in front was also parked further back and there is no other parking on the road.

The car was also parked within 30cm of the kerb. From the angle of the pictures, it looks like I am parked on the driveway but some of the other angles, you can see it was clear.

I'm not sure what else to say, I can go there and take pictures?

Kind Regards,
« Last Edit: August 29, 2024, 03:27:16 pm by storm1059 »

Re: Harrow, code 27 parked next to dropped kerb, Westfield Drive
« Reply #12 on: »
Your challenge got a response that is losing for them so all good.

As said you now wait for the notice to owner but do not repeat this challenge - we will draft a concise representation that responds to their rejection.
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Re: Harrow, code 27 parked next to dropped kerb, Westfield Drive
« Reply #13 on: »
I'm yet to receive NTK, shall i chase or...?

Re: Harrow, code 27 parked next to dropped kerb, Westfield Drive
« Reply #14 on: »
Is your V5C logbook up to date with correct address.

Is there anything showing status on council site.