Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: zeezee on June 11, 2025, 10:41:49 pm
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Good - they saw sense. We see far too many of these pushed to the next stage.
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Another win for the Motorist!
I guess they knew not to mess with the FTLA crew!
A big thank you as always guys!
(https://i.imgur.com/Od7bGgw.jpeg)
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Thank you - ill get the appeal in today
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Coincidentally, as I walked back to the car from the dentist, I saw the resident had already come out and was on the phone, meeting someone in the car behind me.
As I didn't initially understand that I had been ticketed, I apologised to her if I was blocking her drive, as I thought she wanted to get out.
But to my surprise, she said she wasn't planning on going anywhere and looked a bit shocked to see a ticket on the windscreen...
I thought she was genuine enough, and on this occasion I believe she didn't call the council... but I could be wrong...
No, they just ticket without complaints, because 95% of people then just cough-up, to get the discount
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Coincidentally, as I walked back to the car from the dentist, I saw the resident had already come out and was on the phone, meeting someone in the car behind me.
As I didn't initially understand that I had been ticketed, I apologised to her if I was blocking her drive, as I thought she wanted to get out.
But to my surprise, she said she wasn't planning on going anywhere and looked a bit shocked to see a ticket on the windscreen...
I thought she was genuine enough, and on this occasion I believe she didn't call the council... but I could be wrong...
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Indeed.
If those are all the council pics they have nothing - the key is those taken from the side by the kerb as you did.
What usually happens is the residents call the council and the CEO is then under pressure to issue a PCN but they should know better.
Just send:
I'm challenging the PCN as the contravention did not occur. No part of my car was adjacent to the fully lowered part of the footway, as your own pictures confirm. As you are well aware, sloping kerbstones are not part of the enforcement area.
As this PCN has been issued in error I look forward to your early confirmation of cancellation.
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Parallax: the apparent displacement or the difference in apparent direction of an object as seen from two different points not on a straight line with the object.
Parallax error occurs when a measurement is read at an angle, leading to an inaccurate reading because the pointer appears to be at a different position than it actually is. This happens because the distance between the scale (in this case the kerb) and the pointer ( in this case the front of the car) creates an illusion of displacement when viewed from an angle.
Deceit: the action or practice of deceiving someone by concealing or misrepresenting the truth.
CEO: Civil Enforcement Officer.
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Oh yes, 100% prepared to go all the way on this!
I honestly do not feel like I have broken any parking laws here, and they've made a mistake based on what I have read now!
The last PIC is almost trying to incriminate me & has got my back up! lol
So going forward, I will only refer to the pics they have taken and not mine, right?
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The last photo is outrageous, as it is completely obvious from the other photos that your car was not in contravention. However, are you prepared to take them to London Tribunals if they don't back down ? Councils dine out very generously on people who just fold and cough-up to get the discount.
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Apologies, the above were my pics.
Below are the unredacted pictures from the council website. They're pretty poor if you ask me, especially the last one taken at an angle from the opposite side of the road to make it purposely look like I have parked in the dropped kerb zone!
Crafty beep beep beeps!!!
(https://i.imgur.com/XmwI20p.jpeg)
(https://i.imgur.com/hjD9GH0.jpeg)
(https://i.imgur.com/EosFkv2.jpeg)
(https://i.imgur.com/MZsyhrY.jpeg)
(https://i.imgur.com/eEvwsli.jpeg)
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Id assumed those are the council's pics - if not we need to see them.
We've had this discussion before - where the pics don't show anything definitive I'd say no contravention and let the council argue there is and how much/significance.
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OP, your VRM is in view 24/7....except here!
You've cut off every photo to exclude your VRM but unfortunately this also hides the absolute front of your car which is the part we need to see.
If none of your car was in contravention - and this has been explained at length in previous posts - then that's the argument.
But, if a small part of your car was then the argument would be de minimis i.e. a trifling amount for which a penalty could not be demanded.
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The legislation doesn't refer to a dropped kerb, at least in the key section 86, just a lowered (or raised) footway or carriageway although the heading refers to dropped footway:
86 Prohibition of parking at dropped footways etc.
(1)In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—
(a)the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—
(i)assisting pedestrians crossing the carriageway,
(ii)assisting cyclists entering or leaving the carriageway, or
(iii)assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or
(b)the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.
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Thurrock also has a handy pic.
https://www.thurrock.gov.uk/dropped-kerbs/parking-enforcement-at-dropped-kerbs
(https://i.imgur.com/PBbFwIy.png)
Bromley:
https://www.bromley.gov.uk/parking/reporting-incorrect-parking/2
(https://i.imgur.com/6hM46Vb.png)
Merton:
https://www.merton.gov.uk/streets-parking-transport/parking/report
(https://i.imgur.com/bBsa4le.png)
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Back in August, Stamfordman discovered this handy text & image
(https://www.hillingdon.gov.uk/image/1828/Enforceable-dropped-kerb-diagram/gi-responsive__420.png?m=1666970906277)
on Hillingdon's website
https://www.hillingdon.gov.uk/article/4972/Enforcement-of-dropped-kerbs
(scroll down)
which you can use to remind Redbridge (once again!) of the law.
P.S. It's 'dropped kerb',. not 'dipped curb' - sounds picky, search engines are very picky!
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I'm astonished - all these years I've parked near dipped curbs based on the wheel being part of the car that has to be behind.
So, based on this, the front of my car is, in fact, adjacent to the dipped curb, and therefore I should be bang to rights and the contravention did occur - no?
Apologies I am confused here - maybe I need to sleep on it lol
Well, maybe !
Your car is adjacent to the sloping kerbstone which is not part of the dropped section. However councils disagree with the adjudicators on this, but they always lose at the adjudicators.
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I'm astonished - all these years I've parked near dipped curbs based on the wheel being part of the car that has to be behind.
So, based on this, the front of my car is, in fact, adjacent to the dipped curb, and therefore I should be bang to rights and the contravention did occur - no?
Apologies I am confused here - maybe I need to sleep on it lol
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There would seem to be no contravention, bcause none of the car intrudes into the dropped section. However the OP needs to be aware that any part of the car intruding into the dropped length of kerb is a contravention.
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The sloping kerbstone doesn't count so at most the front of your car is in trivial contravention of the fully lowered part of the footway, if that.
I would say the contravention did not occur and remind them the sloping stone doesn't count.
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Hi Guys
I went to my dentist today and parked on a nearby road.
When parking, I had a van behind me, so I tried to go as close to it as possible, making sure my wheel was not adjacent to the dipped curb, but level or behind.
Have I got this wrong here? - Is it the wheel or start/length of the car, ie, bonnet?
In the past, I have always parked the car with the wheel behind the dipped curb as and when the opportunity arose.
Any Advice, as always, is much appreciated.
(https://i.imgur.com/6ojQLaI.jpeg)
(https://i.imgur.com/HrYBhKC.jpeg)
(https://i.imgur.com/i86nfuO.jpeg)
(https://i.imgur.com/bDjNeaR.jpeg)
(https://i.imgur.com/BQRsjNv.jpeg)