Author Topic: Bham council PCN code 27 'parked adjacent to a dropped footway' Wheeleys Road Edgbaston  (Read 94 times)

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Pcngone1

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Hi I have received a pcn from Birmingham city council for a supposed contravention of “parking adjacent to a dropped footway 27”


I was going to appeal the pcn with the following “ I am extremely distressed to return to my car and find a PCN for something I believe not to be an offence. The manner in which I was parked did not cause any obstruction to both the public footpath, nor the driveway to the property I was parked by. Before leaving my car parked I was able to speak to the property owner using the dropped footway in question and they assured me I wasn’t causing any obstructions for them to drive out of their driveway or drive onto it, and were happy for me to park in the way I did.

is this a good starting point for challenging?







location:
https://maps.app.goo.gl/pE3UaqxWsBF69eDX9
« Last Edit: June 05, 2024, 07:04:55 pm by Pcngone1 »

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slapdash

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Can you get a note from the property owner ?

They can give you permission park in front of their dropped curb.

Otherwise the contravention looks to be made out (obstruction doesn't come into it).

It seems a bit odd. Most authorities only enforcement after a complaint from the householder.
 

Pcngone1

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I have tried to contact the home owner but they are unwilling to assist. Do I surrender to the legal thieves?

cp8759

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@Pcngone1 absolutely do not pay as there is no contravention here. It is only a contravention for your vehicle to be parked adjacent to a lowered kerb and even then, only if that kerb is lowered for a statutory purpose. A kerb that only leads to a brick wall would not fulfill any of the criteria found in section 86 of the Traffic Management Act 2004.

The relevant case on this point is Abigail Mendy v London Borough of Enfield (2160476330, 4 January 2017).

The CEO's photo shows that your car was wholly adjacent to a brick wall:



On top of that, your car was only over the sloping part of the kerb, which doesn't count for these purposes as per these cases:

Right Contract Services LTD v London Borough of Hillingdon (2160311942, 17 August 2016)
Stephen Gibbons v London Borough of Newham (2160201751, 6 July 2016)
Sara Whittingham v London Borough of Hounslow (2190042883, 13 March 2019)
Joanne Bourne v Surrey County Council (YS00022-2212, 6 February 2023)

In line with the first three of those decisions, if there were any intrusion over the dropped kerb of an inch or two, that would come within the bounds of a de-minimis contravention, though I wouldn't go into that at this stage as there is no clear evidence that there was even a de-minimis incursion.

Here is a draft representation:

Dear Birmingham City Council,

The alleged contravention did not occur, as my car was not parked adjacent to a kerb which had been lowered for any of the statutory purposes found in section 86 of the Traffic Management Act 2004. This is because the lowered kerb extends beyond the driveway of number 16 Wheeleys Road, such that none of the statutory criteria are met.

Furthermore my car was not adjacent to the lowered kerb, my car was adjacent to the sloping kerb that is not intended for the passage of vehicles, but instead creates a smooth transition from the raised kerb to the lowered kerb where there would otherwise have to be a sharp drop.

It follows that for these two reasons, there has been no contravention and the PCN must be cancelled.

Yours faithfully,


Send this online via the council website and keep a screenshot of the confirmation page. Don't worry if the council rejects with a standard fob-off letter, ultimately it's hard to see how you could lose this as long as you don't give in.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order