Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: stilgar on October 25, 2023, 10:30:54 pm
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PCN has been paid.
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MrMustard is the wizard of Barnet PCNs see if he knows of something, possible paper or procedure issues.
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Thank you all for the replies. I was looking for clarification and that is what I got.
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the 2nd top photo shows the front of your car and part of the front wheel forward to be entirely over the dropped part. far to much to argue de minimis imo.
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It took some study, but I think you are into the dropped area by about 4-5 inches.
Look at your bottom-left photo, and note the black tarmac. Look at this GSV view:-
https://www.google.co.uk/maps/@51.6174096,-0.1872822,3a,15y,240.07h,69.28t/data=!3m6!1e1!3m4!1s4p6R-d3TIyZ1vGsDoROUGA!2e0!7i16384!8i8192?entry=ttu
Extrapolate down from the black tarmac to the kerb, and it would intersect the first dropped kerb, not the sloping curb. Yet your car is beyond that line, so is in contravention. No, it's not much, minimal even, but an adjudicator will have to judge whether your intrusion is de minimis or not. As this is subjective, it is difficult to give odds on you succeeding with an appeal to London Tribunals. My opinion is that you would lose, but see what the others say. Remember you must risk the full PCN penalty at LT
Apologies if this is not the answer you hope to receive, but we must be realists on here.
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Hi folks,
I'm looking for advice whether it's worth fighting a PCN at court or if I should just pay it, after my appeal was rejected.
I got a PCN for parking on Holden Road (North Finchley) not far from Woodside Park station.
The PCN code is 27 - Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.
This was at the entrance to a private driveway of one of the apartment buildings. I believe the PCN is unjustified because I did not block the private driveway and my car was not parked in front of the dropped kerb. It was parked where the paving stone was sloping towards the dropped kerb (see photos).
On this website I've found multiple posts on the issue and references to case 2160311942.
I have appealed to the council but my appeal was rejected on the grounds that an enforcement action may be taken when a vehicle is parked adjacent to a dropped footway (and that a resident considered my vehicle to be obstructing the dropped footway).
Does it make sense to continue fighting?
See photos and documents in https://photos.app.goo.gl/WHbDuZ3iCgQYgfU5A
Google Street View: https://maps.app.goo.gl/EgWbuiXLBM1fPS6d6
Thanks!