Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: patcarrr on September 25, 2023, 01:50:48 pm
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I have seen arguments over the years whether the wording of one exemption within S86 of TMA 2004 would count.
https://www.legislation.gov.uk/ukpga/2004/18/section/86
"(3)The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.This exception does not apply in the case of a shared driveway."
This is not limited to DKs for residential driveways and if the wording is taken literally, you would be able to give yourself permission.
TBH, I have never seen it reported as working and would expect an adjudicator, should it get that far, to take a purposive view that it doesn't count for a pedestrian DK
As an aside, parking there would be within 12m of the junction which the Highway code says you should not do.
Council cannot enforce on that but Old Bill can, citing unnecessary obstruction or even dangerous parking... the latter being worth 3 points as well as a fine.
Whether they will or not is open to question but my local force do let loose a task force occasionally to crack down on these sort of parking offences
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Please give us the VRM so that we can see the council photos, this is always the starting point.
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There are two clear dropped kerbs opposite each other, so I think you will struggle to overturn this PCN, other than on the grounds of "legitimate expectation". This has won in the past where a PCN recipient has parked for a long time in a state of contravention, but received no PCNs. HOwever, it is up to you to prove this.
The other aspect which could win, is errors of content in the PCN, and these are often found in the "small print". We rarely see PCNs from East Suffolk, indeed yours may be the first ! There is what I would call a fatal error in the text relating to submitting representations.
This is what the The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 say about content of a Regulation 9 PCN (yours)
CHAPTER 1
Information to be included in regulation 9 penalty charge notices and enforcement notices
Information about right to make representations or appeal to be included in regulation 9 penalty charge notices and enforcement notices
3.—(1) A regulation 9 penalty charge notice must include the following information—
(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;
(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.
The information requirement in (c), is not conveyed in your PCN. This clause is there to make sure that a PCN recipient who has submitted representation against a PCN, is informed that if a Notice to Owner arrives, he must submit representations again, against the Notice to Owner. The PCN doesn't make this clear.
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Contravention 27
Yesterday I received a PCN (East Suffolk Council) for parking next to a dropped kerb on the road outside my own home address which I have lived at for over 5 years and never had an issue, bare in mind that where I parked has no double yellow lines/ nothing indicating that I cannot park there, if anyone here could help with an appeal or has a template for a successful appeal i would be forever grateful.
I would’ve been parked just behind where that red car is as the whole road was taken up, but people have parked here everyday for years with no issues (towards end of road)
https://www.instantstreetview.com/@52.479994,1.743572,161.75h,-5.58p,1.38z,ktGJgR5c5WqZzKtQD89slg
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