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Section 86 of the TMA 2004

Quote

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.

This is subject to the following exceptions.
(2)The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).

This should be a slam-dunk win at London Tribunals, but first you must wait for the Notice to Owner, and submit reps against that, pointing out their mendacity in quoting Section 86, but ignoring the exemptions

So is your mother the owner of the car and is the address on her V5C Registration Certificate up-to-date ?

Me and my mum share the car and I’m the registered keeper. Address is also up to date.

My mother had parked outside a GP 7am in the morning (GP opens at 8am) on part of the road where the kerb is lowered. The lowered kerb is marked with lines indicating a bay and suggesting parking is allowed. Furthermore, the car was not blocking any gate or entrace of any sort.

She was given a PCN for Contravention 27 - Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.

There was also no signs mentioning that parking isn't allowed.


Given these reasons above (GP not yet open/lines suggesting bay/no entrace blocked/no signs), is it worth appealing?


I have drafted this with the use of AI:


Hi,

I wish to challenge this PCN on the basis that the restriction was not clearly conveyed.

The location is marked as a parking bay, and the bay markings extend right up to the dropped kerb. This creates a legitimate expectation that parking is permitted in that space.

There are no yellow lines, and no signage indicating that part of the bay is restricted. The layout is misleading and invites drivers to park there.

A reasonable driver would conclude that the marked bay includes the area adjacent to the kerb.
As the council has a duty to ensure restrictions are clear and not misleading, I request that the PCN be cancelled.





The PCN number:AO10229272
Vehicle Registration: KS15KSJ


Street view link:
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