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General discussion => The Flame Pit => Topic started by: Staygulf on August 06, 2023, 11:16:52 pm

Title: Re: Code 27 dropped kerb
Post by: DancingDad on August 07, 2023, 10:10:00 am

CEOs will often not issue a 27 on a residential driveway without a complaint.
The need for one is still within some council's parking policy as well
Too much risk of the car being there with permission.
On the other hand, they will often issue a PCN even if not safe (ie when car is only on taper), simply to appease the resident who has complained

Title: Re: Code 27 dropped kerb
Post by: Staygulf on August 07, 2023, 01:17:46 am

OK, thanks

Title: Re: Code 27 dropped kerb
Post by: cp8759 on August 07, 2023, 01:01:17 am

Quote from: Staygulf on August 07, 2023, 12:51:09 am

I read this

https://www.legislation.gov.uk/ukla/2003/3/section/14/enacted

That was repealed by this https://www.legislation.gov.uk/ukpga/2004/18/schedule/12/part/1 (scroll to the very bottom of the page).

Title: Re: Code 27 dropped kerb
Post by: Staygulf on August 07, 2023, 12:51:09 am

I read this

https://www.legislation.gov.uk/ukla/2003/3/section/14/enacted

Title: Re: Code 27 dropped kerb
Post by: Incandescent on August 07, 2023, 12:26:27 am

Not what I read
https://www.legislation.gov.uk/ukpga/2004/18/section/86

Title: Code 27 dropped kerb
Post by: Staygulf on August 06, 2023, 11:16:52 pm

General question prompted by a friend's PCN he mentioned over dinner this evening.

I understand from reading the legislation that a council is prevented from issuing a PCN if you park over someone's dropped kerb driveway access unless requested to do so by the occupier.

If such a case were to go to tribunal on appeal, would the council have to produce evidence that they were contacted by the occupier? Do they keep such evidence? If they don't produce it would that be grounds for the appeal to automatically succeed?