Author Topic: Ealing Council (London) Contravention 27, Runnymede Gardens  (Read 314 times)

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Hi,

I hope someone is able to assist me with challenging and advising of legal position of the following PCN please.

http://www.ealing.gov.uk/parking
PCN No: AO0483219A
Date of Notice: 04/05/2025
Time: 16:57

Allegedly contravention 27 has been committed and PCN issued by enforcement officer.

Contravention 27 on PCN states: "Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway".

As it stands, no contact has been made to the council; I would be interested to understand what grounds and chances there is on how this can be appealed so that further action/steps can be taken to appeal this.

VRM: EJ24YDT was parked between a raised curb, which was sandwiched between two dropped curbs either side. Link below shows a red line where car was parked for further clarity.

No signs on post regarding contravention enforcement 27 found; only enforcement sign displayed nearby was for Permit Holders Only Parking restrictions, but the vehicle was parked outside of those restrictions. 

Was not parked across the drop curbs, and wheels were inside of the bay markings and satisfactorily before the slope of drop-curbs. 

If this is useful to the case, the driver is a blue badge holder (this was not displayed at the time as wasn't believed to be in violation of any contraventions requiring it's display, etc).

There was no known obstructions or violations at the time of parking and therefore this has come as a surprise.

Ealing council have no photo's attached to their portal to view the photo/video evidence of alleged contravention violation.

Google Maps Link 1: https://maps.app.goo.gl/mFCWuZ29fxwVYqiY6

Google Maps Link 2 Red Line Shows Parking placement at the time (google drive): https://docs.google.com/document/d/1vlmOwKDZlIHHmvhKTC68I3CYoD5NSKZw/edit?usp=drive_link&ouid=104111055300446349883&rtpof=true&sd=true

PCN LINK(google drive): https://drive.google.com/file/d/1NS3SVqnoprYqBOtScmDiOboUrH-f8Jc1/view?usp=drive_link

I do hope this can be appealed and won in my favour, they are requesting a whooping £80-£160 for the PCN.

I look forward to hearing from you on grounds of this being appealed.

Best wishes,
DearyDiora

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Re: Ealing Council (London) Contravention 27, Runnymede Gardens
« Reply #1 on: »
This isn't a contravention - the front of your car is just clear of the fully dropped part of the footway. The sloping part doesn't count.
The rear is definitely not anywhere near a contravention.

But whose car is in contravention in front of yours - someone you know?



« Last Edit: May 12, 2025, 11:48:49 pm by stamfordman »

Re: Ealing Council (London) Contravention 27, Runnymede Gardens
« Reply #2 on: »
+1
Looks like the CEO just walked along and ticketed everybody parked there ! Definitely NOT a contravention on the OP's car. However, they are virtually certain to reject informal reps, and probably formal ones against a Notice to Owner as well, so OP must be prepared to stand his/her ground and take them to London Tribunals.

OP, are you the owner of the car, as in your name and address is on the V5C and it is up-to-date ?

Re: Ealing Council (London) Contravention 27, Runnymede Gardens
« Reply #3 on: »
This isn't a contravention - the front of your car is just clear of the fully dropped part of the footway. The sloping part doesn't count.
The rear is definitely not anywhere near a contravention.

But whose car is in contravention in front of yours - someone you know?





Hi @stamfordman,

Thank you for your swift reply.

I've never had a contravention 27 before and therefore unsure what the rulings are for it, but as a lay person this to me seems unfair given there is no obstruction caused, no signage signalling contravention 27 applies there in order that one is informed of any such restriction; but a restriction based on what, is confusing to me as to why a PCN is issued?

Is the white line across the raised kerb where the vehicle is parked some form of violation of a contravention 27?

Please, how would one go about responding to this and how likely in your experience is the appeal likely to be 'won' and PCN cancelled?

I believe the vehicle in front belongs to the occupant of the house opposite it - it was witnessed he and the family parked there and went into the house at the same time.

Best wishes,
DD
« Last Edit: May 13, 2025, 10:40:11 am by DearyDiora »

Re: Ealing Council (London) Contravention 27, Runnymede Gardens
« Reply #4 on: »
+1
Looks like the CEO just walked along and ticketed everybody parked there ! Definitely NOT a contravention on the OP's car. However, they are virtually certain to reject informal reps, and probably formal ones against a Notice to Owner as well, so OP must be prepared to stand his/her ground and take them to London Tribunals.

OP, are you the owner of the car, as in your name and address is on the V5C and it is up-to-date ?

Hi @Incandescent,

Thank you for your swift reply.

Apparently i'm told by family that live on that road that the council usually have a car with a camera going round that road during the Monday-Friday parking restrictions, but on that particular day there was a CEO going round that weekend? It does make you wonder if he did just go round and ticket the street.

The vehicle V5C is not registered to OP as it is a mobility vehicle.

What do you suggest is the best way to respond to this? I mentioned in my reply to @stamfordman that I am unfamiliar with the contravention 27 restrictions basis for this PCN and as a lay person this appears unfairly given.  You mentioned the council will likely reject an appeal and this will likely be taken to tribunal stage; in your experience what would be the basis they would reject an appeal if a contravention never took place?

Best wishes,
DD
« Last Edit: May 13, 2025, 10:41:51 am by DearyDiora »

Re: Ealing Council (London) Contravention 27, Runnymede Gardens
« Reply #5 on: »
A vehicle is in contravention if wholly or partly encroaching where the kerb is flush with the carriageway, as long as the kerb has been lowered for a legitimate purpose.
For a good explanation with a diagram see
https://www.hillingdon.gov.uk/article/4972/Enforcement-of-dropped-kerbs

White lines in this position are not recognised road markings: they merely advise of the presence of dropped kerbs.

You need to challenge on the grounds that, as the Council pictures clearly show, no part of the vehicle was adjacent to where the kerb was level with the carriageway.

Post your draft challenge here for comment before submitting, but do not miss deadlines.



Re: Ealing Council (London) Contravention 27, Runnymede Gardens
« Reply #6 on: »
It's a Motobility car, so you need to check with them what the arrangments are for appealing a PCN. ANybody can submit reps against a PCN, but only the owner can submit reps against a Notice to Owner, and also take the matter to adjudication. HOwever an owner can authorise a person to act on their behalf

Re: Ealing Council (London) Contravention 27, Runnymede Gardens
« Reply #7 on: »
Dear parking,

the contravention did not occur. As the council is aware this contravention only arises when a vehicle is wholly or partially adjacent to a fully lowered section of footway that has been lowered for one of the purposes set out in legislation.

Here no part of my car is in contravention. The sloping kerbstone does not form part of the lowered footway.

I look forward to your early confirmation of cancellation of this PCN, which has been issued in error.