Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: mikes on June 07, 2024, 04:16:01 pm
-
Costs outcome (https://drive.google.com/file/d/1C7JiniWHXdaH5Dn_ZNmybvuDIF_V92Oc/view).
-
Idiotic pseudo robbers. Incredulous.
-
Outcome (https://drive.google.com/file/d/1X_sFi8A7Ko2AYxyWHHvbq1Wc7vimpXl_/view).
-
There is a viable appeal but it needs to be argued in a certain way. I have emailed you but ultimately you need to show us the paperwork in order to get meaningful advice.
-
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
And it's a KERB btw.
-
Hi, there's a dropped curb local to me which is a magnet for PCNs.
I received a ticket there myself and shortly afterwards I tried to help an acquaintance get off at appeal, and failed :(
For procedural reasons, mine look longer for the council to reject and now is at the point where I either pay up or go to Tribunal.
See attached image of the dropped kerb. People tend to park inbetween the lamppost and the yellow-and-black sign (which is where the kerb meets the carriageway level):
(https://i.imgur.com/E96FsUZ.jpeg)
GSV link for this location (https://www.google.com/maps/@51.5761376,-0.2046712,3a,75y,214.18h,91.63t/data=!3m7!1e1!3m5!1sSm2XWpj0_Rj4uomApuG6sg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fpanoid%3DSm2XWpj0_Rj4uomApuG6sg%26cb_client%3Dmaps_sv.share%26w%3D900%26h%3D600%26yaw%3D214.18119419477566%26pitch%3D-1.6286436709984287%26thumbfov%3D90!7i16384!8i8192?coh=205410&entry=ttu)
I argued that the driveway was much to large and showed the site history (which you can see from GSV historical images) that this massive driveway entrance with lengthly dropped kerb likely only resulted from the original use of this site as petrol station with two dropped kerbs for entering and exiting.
The current site has only 6 parking spaces but a driveway that's several metres wide, and the portion of the dropped kerb adjacent to the brick wall and white bollard isn't necessary to aid vehicles getting in and out.
The adjudicator was sympathetic, and took 2 days to decide but in the end I lost.
The London Tribunal case number was 2240153427, here's the key quote from his refusal:
I note that the vehicle was parked alongside a wall but it was I find parked next to and thus adjacent to a lowered section of footway. I am satisfied that that section of footway was lowered to allow vehicles to enter and exit premises in compliance with S86 of The Traffic Management Act 2004. It may be lowered slightly longer than was necessary but that in my judgment does not amount to a ground upon which liability may be challenged. This was not in my view a de minimus breach of the prohibition.
I find this contravention proved.
I still have my own PCN at this location in similar circumstances (i.e. one of my wheels are over the fully-dropped part, yet the car did not extend beyond the wall or bollard), and I'm wondering whether to give up and pay it.
Thoughts please?
Mike