Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Mana on January 20, 2026, 05:59:39 pm

Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: stamfordman on March 16, 2026, 08:32:21 pm
Register an appeal and ask for a telephone or Teams hearing.

They quote the Highway Code and not the law - what's this about wheelchair users and powered mobility vehicles?

The trivial bit where you were in not a crossing, and the sloping stone extends across the pedestrian gate.
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: Incandescent on March 13, 2026, 08:02:20 pm
No reoffer of the discount means it is now a total no-brainer to take them to London Tribunals, because the penalty remains the same, and there are no additional costs. If you win, you pay nothing, if you lose, you pay the £140 they've already asked you to pay.
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: Mana on March 13, 2026, 05:56:19 pm
I did this which is better. They'll probably reject at this stage though.
Thanks. Unfortunately, that is the case...


Quote
Thank you for your recent communication in connection with the above Penalty Charge Notice (PCN).
The PCN was issued as your vehicle was parked in front of a section of footway, cycle track or verge lowered to meet the level of the carriageway.

Having reviewed the case, we have decided not to cancel the PCN. The reasons for our decision and the options available to you at this stage are set out below.

your correspondence indicates that you do not believe that your vehicle was causing an obstruction.

Our Civil Enforcement Officers (CEOs) act on behalf of the Council and as such are trained to issue PCNs only when they witness a violation of either, the council's parking policy or the rules of the Highway Code.

Having now reviewed all the photos and evidence relating to your case that I have available to me, I can see that your vehicle was indeed parked in contravention of the rules and that the PCN was correctly issued.

when parking it remains the motorist's responsibility to adhere to the Highway Code, as well as any signs and lines that may be present to ensure that their vehicle is parked legally, before leaving it unattended.

The Highway Code states: You MUST NOT stop or park where the kerb has been lowered to help wheelchair users and powered mobility vehicles". Doing so can also obstruct access to vehicle driveways and pedestrian crossings.

As your vehicle was parked in contravention of the rules in this instance, I am not willing to accept your appeal.

If you would like to view the evidence we have in relation to this penalty charge, then please logon to: www.bexley.gov.uk/parking and follow links to pay/appeal your PCN. When prompted, enter your PCN number and vehicle registration details, the available evidence can then be accessed using the 'View Evidence' button towards the bottom of the screen.

Going forward

• You have 28 days from the date of this Notice being served, to pay £140.00.
• Alternatively, you can appeal to the Parking Adjudicator. Details on how to do so are contained in the attached appeal form. To appeal online you will need the verification code which can be found at the top of this Notice and in the appeal form.

Act now

If, after 28 days, you have taken no action, we may send you a Charge Certificate increasing the charge to £210.00. You will then have 14 days to pay the increased charge. If, after the 14 days, you have not paid the increased charge, we may apply to the County Court to recover the penalty charge plus court costs from you.

I didn't even get the discount back. They want me to pay £140.

They also printed out a London Tribunals Right to appeal letter. What do I do?
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: stamfordman on February 01, 2026, 09:26:25 pm
I did this which is better. They'll probably reject at this stage though.

-----------

I am challenging the PCN as the contravention did not occur. No part of my vehicle was adjacent to a part of the footway lowered for the purposes set out in the legislation.

As you can see from your CEO’s pictures, only a trivial portion of my car extends beyond the sloping kerb to the fully lowered part, and I enclose my own picture showing that this sloping kerb is adjacent to a pedestrian gate and is at the opposite end of the lowered portion of the footway.

At the other end is a vehicle access gate but my car was not in any way adjacent to this. It is clear that the lowered area extends beyond where it should be. 

I only parked there briefly while I collected an iPad from a friend and I was careful to ensure I was well away from the vehicle gate.

I trust that given no contravention occurred you will cancel the PCN and look forward to your early confirmation.

 
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: Mana on February 01, 2026, 07:40:26 pm
How is it not quite right, if I may ask?
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: stamfordman on January 28, 2026, 10:46:25 am
This isn't quite right. I'll tweak it later.
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: Mana on January 28, 2026, 02:08:07 am
Here it is:

Quote
PCN Number: 
Vehicle Registration: 
Date of Issue: 20 January 2026
Location: Seacourt Road, Abbey Wood


Subject: Formal Challenge against PCN [no].

I am writing to challenge the above-mentioned Penalty Charge Notice (PCN) issued for the alleged contravention: "Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway."

I believe the PCN was issued incorrectly for the following reasons:


1. No Obstruction to Pedestrian or Vehicle Access

The dropped kerb in question appears to serve a small pedestrian gate. My vehicle was positioned in a way that left "more than enough space" for pedestrians, including wheelchair users, to enter or exit the gate unimpeded. Furthermore, the vehicle was not parked in front of the primary large gates nearby, which are used for vehicle access.


2. Lack of Clarity and De Minimis

There are no road markings (such as a white "H-bar") or signage indicating that this specific area is a restricted "special enforcement area". Given that the overhang is entirely trivial and does not interfere with the purpose of the lowered kerb (pedestrian crossing or vehicle access), I request that this PCN be cancelled on the grounds of de minimis.


The vehicle was only stationary for approximately 6-7 minutes while I collected an item from a nearby property. In light of the evidence showing no actual obstruction and the wheels remaining on the standard kerb line, I trust you will find it appropriate to cancel this notice.

Is this a good start?

Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: Mana on January 24, 2026, 09:02:21 pm
Draft a challenge and we'll tweak it.

A picture at a right angle to the area of contention would be best.

I'll start working on it now.
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: stamfordman on January 24, 2026, 07:11:20 pm
Draft a challenge and we'll tweak it.

A picture at a right angle to the area of contention would be best.
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: mrmustard on January 24, 2026, 05:27:41 pm
In my experience Bexley aren't very good at parking law
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: John U.K. on January 22, 2026, 07:13:47 am
Does this help, Stamf?

(https://i.ibb.co/m5Cxc0z6/2026-01-20.png) (https://ibb.co/k2gdSJcQ)
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: stamfordman on January 21, 2026, 09:30:33 pm
Can you reload it on https://imgpile.com - the image disappears for me.

I can see it's good news as the sloping kerbstone looks  to go part-way adjacent to the small gate so there's no way you were by an area that should be relevant to the law, but you may have to tough it out with the council.
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: Mana on January 20, 2026, 07:48:50 pm
Is this perfect?

https://ibb.co/k2gdSJcQ
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: stamfordman on January 20, 2026, 07:28:39 pm
I can see from Maps it's a recent development with a new dropped footway as the most recent view shows building work. 

The contravention concerns access across the footway from the carriageway and can only be for three things - pedestrian crossing, vehicle access, cycle track. I'd say that small part where you were is none of these and the slight overhang is trivial (the sloping kerbstone doesn't count).

Can you get a picture of the kerb and gate taken from the carriageway - ie the first of the pics I posted but without a car.
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: Mana on January 20, 2026, 07:13:46 pm
Those gates (both of them) were closed when I arrived, and when I returned.

My car is not close to obstructing the main gate, where a vehicle can come in or out, but the small gate where pedestrians can enter...MORE than enough space for them to go through it, especially a wheelchair.
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: stamfordman on January 20, 2026, 06:34:37 pm
The rear of your car is a bit over what looks like a longish historical dropped footway and only by a small gate whereas a large gate is further along.

I'd say this is challengeable.

Are those gates in use.

(https://i.ibb.co/fVSLbq6C/b3.jpg)
(https://i.ibb.co/8nZG40mv/b2.jpg)
(https://i.ibb.co/p6JDxqkT/b1.jpg)
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: Mana on January 20, 2026, 06:20:44 pm
Post the PCN.

What is the VRM - the PCN number is useless alone.

https://ibb.co/ZzDb4f00
https://ibb.co/HTCQ6cXB
Title: Re: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: stamfordman on January 20, 2026, 06:09:09 pm
Post the PCN.

What is the VRM - the PCN number is useless alone.
Title: Parked in a "special enforcement" area adjacent to the footway: Code 27
Post by: Mana on January 20, 2026, 05:59:39 pm
Bexley PCN Number: XL2635676A

Ran to collect my iPad from a friend for 6-7 minutes from the block of flats behind...only to get this.

This is the first time I got penalised for this...no signs (apart from "BEWARE OF DOG" and no parking in front of the gates...which I clearly wasn't), no yellow, red or white lines...nothing, to get a £70-£140 charge for this feels criminal.

Advice?