3. Code 27 dropped kerb
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Code 27 dropped kerb
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General question prompted by a friend's PCN he mentioned over dinner this evening.

I understand from reading the legislation that a council is prevented from issuing a PCN if you park over someone's dropped kerb driveway access unless requested to do so by the occupier.

If such a case were to go to tribunal on appeal, would the council have to produce evidence that they were contacted by the occupier? Do they keep such evidence? If they don't produce it would that be grounds for the appeal to automatically succeed?



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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Code 27 dropped kerb
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OK, thanks
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Re: Code 27 dropped kerb
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CEOs will often not issue a 27 on a residential driveway without a complaint.
The need for one is still within some council's parking policy as well
Too much risk of the car being there with permission.
On the other hand, they will often issue a PCN even if not safe (ie when car is only on taper), simply to appease the resident who has complained
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