3. PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
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PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
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Hi everyone, I received a PCN code 27 - parked in a special enforcement area to a footway, cycle track or verge lowered to meet the level of the carriageway. I was doing a delivery and parked on Rose Way, just off the Leyton Road junction. To be honest I was a bit careless in where I was parked but I did make sure I was not parked on the dropped kerb. I think it took me 2 minutes to do the delivery but it still wasn't good enough for the officer.

Link to street view https://maps.app.goo.gl/gXeVdtENxwXX7s6G8












I was going to pay without appealing it but I recently noticed that its actually a road that I was parked on (not some private area) so I decided to get a second opinion. Any advice would be appreciated.
« Last Edit: August 07, 2024, 02:02:43 am by bertie21980 »
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Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
« Reply #1 on: »
I suppose it depends on one's definition of "adjacent to". One photo does show that you are mostly blocking the path of a pedestrian crossing this entrance to private property. It is not a road because the public don't have unrestricted access, because there are gates.
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Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
« Reply #2 on: »
IMO, the contravention did not occur.

The contravention is given as:
Parked [] adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.


The council have conveniently marked the extent of the prohibited dropped footway being the area marked in yellow adjacent to and at the level of the carriageway. This is flanked on either side by sloping kerbstones which as a matter of law are excluded from the prohibited area because they do not satisfy the criterion of meeting the carriageway.

The contravention in this case has 2 main elements:
To be parked on a carriageway;
To be parked adjacent to a dropped footway which meets the carriageway.

The CEO's photos show that the contravention did not occur because the only part of my vehicle which was parked adjacent to the footway was my rear nearside wheel which I estimate was at least 3 feet outside the prohibited area, indeed even well beyond the sloping kerbstone at that point. No other part of my vehicle was adjacent to the footway and therefore the contravention did not occur.

Are my thoughts.
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Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
« Reply #3 on: »
Quote from: H C Andersen on August 07, 2024, 12:06:45 pm
IMO, the contravention did not occur.

The contravention is given as:
Parked [] adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.


The council have conveniently marked the extent of the prohibited dropped footway being the area marked in yellow adjacent to and at the level of the carriageway. This is flanked on either side by sloping kerbstones which as a matter of law are excluded from the prohibited area because they do not satisfy the criterion of meeting the carriageway.

The contravention in this case has 2 main elements:
To be parked on a carriageway;
To be parked adjacent to a dropped footway which meets the carriageway.

The CEO's photos show that the contravention did not occur because the only part of my vehicle which was parked adjacent to the footway was my rear nearside wheel which I estimate was at least 3 feet outside the prohibited area, indeed even well beyond the sloping kerbstone at that point. No other part of my vehicle was adjacent to the footway and therefore the contravention did not occur.

Are my thoughts.

Agreed
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Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
« Reply #4 on: »
Quote from: H C Andersen on August 07, 2024, 12:06:45 pm
IMO, the contravention did not occur.

The contravention is given as:
Parked [] adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.


The council have conveniently marked the extent of the prohibited dropped footway being the area marked in yellow adjacent to and at the level of the carriageway. This is flanked on either side by sloping kerbstones which as a matter of law are excluded from the prohibited area because they do not satisfy the criterion of meeting the carriageway.

The contravention in this case has 2 main elements:
To be parked on a carriageway;
To be parked adjacent to a dropped footway which meets the carriageway.

The CEO's photos show that the contravention did not occur because the only part of my vehicle which was parked adjacent to the footway was my rear nearside wheel which I estimate was at least 3 feet outside the prohibited area, indeed even well beyond the sloping kerbstone at that point. No other part of my vehicle was adjacent to the footway and therefore the contravention did not occur.

Are my thoughts.
I forgot to mention that the pictures are from my phone. The CEO pictures are different. I will see if I can put them up here.

But after reading this, I'm now confident enough to make an appeal. This incident happened last month so I will do it by this Friday.
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Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
« Reply #5 on: »
I should have posted this at the top. But anyway here are the pics form the CEO..












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Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
« Reply #6 on: »
Thanks for posting these.

No times though?

Any way, I'd be tempted to add to your reps...

The CEO's photos show that the contravention did not occur because the only part of my vehicle which was parked adjacent to the footway was my rear nearside wheel which I estimate was at least 3 feet outside the prohibited area, indeed even well beyond the sloping kerbstone at that point. No other part of my vehicle was adjacent to the footway and therefore the contravention did not occur. They also attempt to show that pedestrians were impeded by the presence of my vehicle, however, this is not the test. The contravention is as defined and just as a motorist would not be permitted to park in the prohibited area even if they were not obstructing pedestrians similarly the authority cannot misapply the contravention simply because part of a vehicle - in this case at least 6 feet from the footway- might impede pedestrians.
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Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
« Reply #7 on: »
Ok , so this is what I will type in my appeal...

Quote
I am writing to challenge this PCN as I believe the alleged contravention did not occur.

The contravention is given as follows:
Parked adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.

The council have conveniently marked the extent of the prohibited dropped footway being the area marked in yellow adjacent to and at the level of the carriageway. This is flanked on either side by sloping kerbstones which as a matter of law are excluded from the prohibited area because they do not satisfy the criterion of meeting the carriageway.

The contravention in this case has 2 main elements:
To be parked on a carriageway;
To be parked adjacent to a dropped footway which meets the carriageway.

The CEO's photos show that the contravention did not occur because the only part of my vehicle which was parked adjacent to the footway was my rear nearside wheel which I estimate was at least 3 feet outside the prohibited area, indeed even well beyond the sloping kerbstone at that point. No other part of my vehicle was adjacent to the footway and therefore the contravention did not occur. They also attempt to show that pedestrians were impeded by the presence of my vehicle, however, this is not the test. The contravention is as defined and just as a motorist would not be permitted to park in the prohibited area even if they were not obstructing pedestrians similarly the authority cannot misapply the contravention simply because part of a vehicle - in this case at least 6 feet from the footway- might impede pedestrians.

In light of the above the alleged contravention did not occur and the penalty charge must be cancelled.


And I guess I should also add the pics I have taken with my phone camera as supporting evidence?
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Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
« Reply #8 on: »
Hi everyone.

Newham Council wrote back to me and they have rejected my appeal





I'm guessing the pictures that I have taken (the first 4 pictures at the top of this thread) is more in favour of my view as its shows my back wheel is away from the dropped kerb compared to the CEO pictures which doesn't show a clearer view of my back wheel. I believe that the reason why they have rejected it.

Anyway, I never been to this stage before so any ideas on what happens next?
« Last Edit: September 12, 2024, 12:46:10 am by bertie21980 »
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Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
« Reply #9 on: »
I'm not sure how BBcodes work, but I suspect you may have uploaded rather small images to ibb?
« Last Edit: September 12, 2024, 12:50:30 am by John U.K. »
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Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
« Reply #10 on: »
Quote from: John U.K. on September 12, 2024, 12:41:59 am
You used the HTML code, rather than the BBcode, which puts  the image in a post.




Thanks john. I always forget which link I should use
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Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
« Reply #11 on: »
Hello everyone, I finally got my Notice of Rejection. I got it a few weeks ago so I should have posted it on here earlier. Is there any idea on what I should do now? On the the details of my representations box which is on the next page, I'm guessing I should write my appeal in that section?






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Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
« Reply #12 on: »
Quote
On the the details of my representations box which is on the next page, I'm guessing I should write my appeal in that section?
No, do it on-line as suggested on the PCN, (2nd paragraph of the section headed "Making Representations").
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Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
« Reply #13 on: »
Quote
Hello everyone, I finally got my Notice of Rejection. I got it a few weeks ago so I should have posted it on here earlier. Is there any idea on what I should do now? On the the details of my representations box which is on the next page, I'm guessing I should write my appeal

Just to clear up the terminology:

You received a PCN,
You submitted a challenge (post Reply#7)
This was declined (post Reply#10)
You now have a Notice to Owner (NtO), not a Notice of Rejection, which will appear if they reject your representations, leaving you free to appeal to the Tribunal.

That said:
Quote
Is there any idea on what I should do now?

As Incandescent wrote, youi now need to make representations online, keeping a copy.
But you must run a draft past the experts here first.

Re-read carefully your challenge and their response.
How well do you think they considered your challenge in their reply?? (this is neither atrick nor a rhetorical question)
Note the suggestions of the experts here.
Write a draft, probably based on the above and your original challenge, and post here for comment.
DO not miss deadline for responding (which is?)

Make reps in time and keep a copy.
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Re: PCN code 27 - Leyton Road/Rose Way E20 - Parked in special enforcement area
« Reply #14 on: »
Quote from: John U.K. on October 22, 2024, 08:28:48 am
Quote
Hello everyone, I finally got my Notice of Rejection. I got it a few weeks ago so I should have posted it on here earlier. Is there any idea on what I should do now? On the the details of my representations box which is on the next page, I'm guessing I should write my appeal

Just to clear up the terminology:

You received a PCN,
You submitted a challenge (post Reply#7)
This was declined (post Reply#10)
You now have a Notice to Owner (NtO), not a Notice of Rejection, which will appear if they reject your representations, leaving you free to appeal to the Tribunal.

That said:
Quote
Is there any idea on what I should do now?

As Incandescent wrote, youi now need to make representations online, keeping a copy.
But you must run a draft past the experts here first.

Re-read carefully your challenge and their response.
How well do you think they considered your challenge in their reply?? (this is neither atrick nor a rhetorical question)
Note the suggestions of the experts here.
Write a draft, probably based on the above and your original challenge, and post here for comment.
DO not miss deadline for responding (which is?)

Make reps in time and keep a copy.
Yes, I have received a notice to owner (not notice of rejection). I received the letter on the 8th of October and they say I have 28 days to make payment or make representations. The deadline should be the 5th of November.

I guess my representations is the same as the appeal that I made so I should tick the box  marked - the alleged contravention did not occur

I am writing to challenge this PCN as I believe the alleged contravention did not occur.

The CEO's photos show that the contravention did not occur because the only part of my vehicle which was parked adjacent to the footway was my rear nearside wheel which I estimate was at least 3 feet outside the prohibited area, indeed even well beyond the sloping kerbstone at that point. No other part of my vehicle was adjacent to the footway and therefore the contravention did not occur. They also attempt to show that pedestrians were impeded by the presence of my vehicle, however, this is not the test.

The contravention is as defined and just as a motorist would not be permitted to park in the prohibited area even if they were not obstructing pedestrians similarly the authority cannot misapply the contravention simply because part of a vehicle - in this case at least 6 feet from the footway- might impede pedestrians.

Would this be ok as its word for word from what I posted for my appeal or should I amend it in some way?
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