Author Topic: Redbridge, Parked in Special Enforement Area, Broomhill road, Goodmayes  (Read 116 times)

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ek_98!

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Hi,

Driver received PCN for parking in a special Enforcement area adjacent to a footway, carriageway or verge lowered to meet level of the carriageway.
embedded are pictures which driver feels the vehicle was not blocking driveway.
The driveway is quite large and vehicle was not blocking.
Is it worth appealing or just pay the fine?
any advice or assistance will be greatly appreciated
I have embedded links showing pictures of vehicle, PCN and location (outside 31 Broomhill road)

Thank you





https://maps.app.goo.gl/HktHtraGafBt47JG7

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stamfordman

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Re: Redbridge, Parked in Special Enforement Area, Broomhill road, Goodmayes
« Reply #1 on: November 06, 2024, 10:56:18 pm »
That's not a contravention - the sloping kerbstone is not fully lowered so doesn't count.

Neil B

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Re: Redbridge, Parked in Special Enforement Area, Broomhill road, Goodmayes
« Reply #2 on: November 06, 2024, 11:45:48 pm »
That's not a contravention - the sloping kerbstone is not fully lowered so doesn't count.
+1
But the council will talk rubbish in response. See it through to tribunal.

John U.K.

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Re: Redbridge, Parked in Special Enforement Area, Broomhill road, Goodmayes
« Reply #3 on: November 07, 2024, 07:34:58 am »
+2
Back in August, Stamfordman discovered this handy text & image on Hillingdon's website
https://www.hillingdon.gov.uk/article/4972/Enforcement-of-dropped-kerbs
(scroll down)
which you can use to remind Redbridge of the law.
« Last Edit: November 07, 2024, 07:39:30 am by John U.K. »

ek_98!

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Re: Redbridge, Parked in Special Enforement Area, Broomhill road, Goodmayes
« Reply #4 on: November 07, 2024, 08:00:23 am »
Hi,

Thank you for the responses.
The driver will appeal this PCN as it seems clear a contravention has not occurred.
Any drafting /assistance of the appeal response will be greatly appreciated,




John U.K.

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Re: Redbridge, Parked in Special Enforement Area, Broomhill road, Goodmayes
« Reply #5 on: November 07, 2024, 08:25:25 am »

Any drafting /assistance of the appeal response will be greatly appreciated,

Have a read through this thread for ideas,
EDITED
https://www.ftla.uk/index.php?action=post;msg=44313;topic=3775.0
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/parking-on-road-next-to-dropped-kerb-contravention-27/15/
and then post your draft here for comment.
« Last Edit: November 08, 2024, 01:35:04 pm by John U.K. »

Hippocrates

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Re: Redbridge, Parked in Special Enforement Area, Broomhill road, Goodmayes
« Reply #6 on: November 07, 2024, 09:05:56 am »
Please screenshot all pages re making a representation.
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply.
"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι ε

stamfordman

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Re: Redbridge, Parked in Special Enforement Area, Broomhill road, Goodmayes
« Reply #7 on: November 07, 2024, 09:36:04 am »
Another of their own pics makes it clear there was no contravention.
What often happens is a resident thinks their precious dropped kerb is being encroached on and calls the council and the CEO then feels under pressure to issue a PCN but they should have told the resident to get stuffed here.

----------------------------

I am challenging the PCN on the grounds that there was no contravention. As your pictures make clear, none of my car was adjacent to the fully dropped part of the kerb. The sloping part does not count.

I look forward to your early confirmation of cancellation.

---------------------





ek_98!

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Re: Redbridge, Parked in Special Enforement Area, Broomhill road, Goodmayes
« Reply #8 on: November 08, 2024, 01:01:42 pm »
i wasnt able to open this thread:
Have a read through this thread for ideas,
https://www.ftla.uk/index.php?action=post;msg=44313;topic=3775.0


The driver is planning on using much of the wording that Stamfordman wrote for the appeal.

"I am challenging the PCN on the grounds that there was no contravention.
As seen in this article a contravention only occurs when part of the vehicle is physically over the point where the footway meets the road.
As your pictures make clear, none of my car was adjacent to the fully dropped part of the kerb.
https://www.hillingdon.gov.uk/article/4972/Enforcement-of-dropped-kerbs

I look forward to your early confirmation of cancellation."

Please feel free to comment and recommend any amendments

John U.K.

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Re: Redbridge, Parked in Special Enforement Area, Broomhill road, Goodmayes
« Reply #9 on: November 08, 2024, 01:31:51 pm »
i wasnt able to open this thread:
Have a read through this thread for ideas,
https://www.ftla.uk/index.php?action=post;msg=44313;topic=3775.0

Sorry, my bad: this is the thread I was thinking of:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/parking-on-road-next-to-dropped-kerb-contravention-27/15/

Re yr draft:
Looks OK to me, see what others say.

Also respond to Hippocrates' post above - Reply#6
« Last Edit: November 08, 2024, 01:36:49 pm by John U.K. »

ek_98!

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Re: Redbridge, Parked in Special Enforement Area, Broomhill road, Goodmayes
« Reply #10 on: November 08, 2024, 03:20:38 pm »
Please screenshot all pages re making a representation.

sure, i will do this no problem

ek_98!

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Re: Redbridge, Parked in Special Enforement Area, Broomhill road, Goodmayes
« Reply #11 on: November 19, 2024, 11:38:03 am »
Hi, These are the screenshot when driver made representation



The Driver received this response from redbridge council



Please advise what driver should do next?


Incandescent

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Re: Redbridge, Parked in Special Enforement Area, Broomhill road, Goodmayes
« Reply #12 on: November 19, 2024, 12:47:20 pm »
Their reply is totally wrong in law, the restriction only applies where the kerb is fully lowered, not where the kerbstone starts to slope, so this is the closest to a slam-dunk win at London Tribunal I have seen recently. In fact if you take them there, and they persist, you'd be entitled to ask for costs.  They have damned themselves in their own letter by mis-stating the law.

stamfordman

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Re: Redbridge, Parked in Special Enforement Area, Broomhill road, Goodmayes
« Reply #13 on: November 19, 2024, 02:10:02 pm »
Wait for the notice to owner.

But are you the registered keeper and is the V5C logbook address correct?

ek_98!

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Re: Redbridge, Parked in Special Enforement Area, Broomhill road, Goodmayes
« Reply #14 on: November 19, 2024, 03:09:55 pm »
Wait for the notice to owner.

But are you the registered keeper and is the V5C logbook address correct?

I am doing this on behalf of the driver.
But driver is registered keeper and address is correct on logbook.