Penalty Charge Notice (advice please)

[saintscottofthenortham]

Received a Penalty Charge Notice today for parking infront of a dropped Footway (contravention code 27), there is no driveway, just a row of houses that this dropped Footway runs all the way along. The thing that has got me is, there is a row of a good 8 or 9 cars parked in front of the Footway, hence why I squeezed in a gap, yet none of the other motors had a PCN!? There were no permits, no signs stating do not park, no nothing. There are always cars there and I have parked there before with no trouble. I am going to contest anyways, just wanting to see of anyone thinks I may be right in doing so. Will post some pics up shortly.

 

SSOTN

[Katalinic]

Who issued the PCN - local authority or private company. If it's the latter then ignore it.

[saintscottofthenortham]

Eastleigh Borough Council.

[Katalinic]

I speak to a lot of people that run fleets of vehicles and who are constantly getting PCN's on behalf of their drivers - the general consensus is that many local authorities simply don't have the time to chase people who haven't paid so they just coin it in from those that so - it isn't worth the cost or agro for them in taking people to court etc. It is a risk but you could chance it.

[scotty]

Eastleigh Borough Council.

 

Are you absolutely sure? I dont think they would refer to it as a "parking charge notice". Could it be a private company claiming to represent them?

[saintscottofthenortham]

Are you absolutely sure? I dont think they would refer to it as a "parking charge notice". Could it be a private company claiming to represent them?

 

Absolutely.

 

 

 

Here are some pictures of my "contravention" (silver Mondeo);

 

 

None of the cars had permits and were all in front of one long dropped kerb.

 

I thought maybe it was because of the overhang of my car but the cars past mine were overhanging just as much yet no tickets. (Pic doesn't show this very well);

 

[Benj]

Checkout the forums at www.pepipoo.com there's loads of people there who will help you out

[Son of Bob]

Is this a residential area (not yours) that you park in regularly? Chances are you've upset a resident and they've grassed you to the council.

[swannymere]

Write to the council with the photos and ask for an explanation, as you say and the photos show no signs or other reason why you should be fined.

[saintscottofthenortham]

Write to the council with the photos and ask for an explanation, as you say and the photos show no signs or other reason why you should be fined.

 

Will do. Cheers guys.

[Iowsaintsfan]

My girlfriend is a Civil Enforcement Officer (traffic warden) i know the shame!! anywho ive asked her about this for you and she says..

A contrivention 27 can only be issued if the resident phones up to register their complaint about cars being parked infront of their house. This is why the other cars were not booked, as technically its their property and they can decide who can and cannot park outside it. Hope this helps

[saintscottofthenortham]

My girlfriend is a Civil Enforcement Officer (traffic warden) i know the shame!! anywho ive asked her about this for you and she says..

A contrivention 27 can only be issued if the resident phones up to register their complaint about cars being parked infront of their house. This is why the other cars were not booked, as technically its their property and they can decide who can and cannot park outside it. Hope this helps

 

Thats the first time I have ever parked there. What a twit. I really do feel for some people and their sad little lives. If there is a problem, by all means put a note under my wiper, but don't be a snitch and cost me a nice chunk of a days wages.

 

P.S - Your missus is scum.

 

P.P.S - Thanks for the info.

[Iowsaintsfan]

Thats the first time I have ever parked there. What a twit. I really do feel for some people and their sad little lives. If there is a problem, by all means put a note under my wiper, but don't be a snitch and cost me a nice chunk of a days wages.

 

P.S - Your missus is scum.

 

P.P.S - Thanks for the info.

 

I think its more your neighbour! Wont bother helping in future!

[saintscottofthenortham]

I think its more your neighbour! Wont bother helping in future!

 

Not my street, a mates street. BTW, i was only joking about the missus you touchy little soul.

[Jonnyboy]

So anytime someone parks in front of my ouse I can call the council to sting them? What if they drive off before the scum arrive?

[bridge too far]

So anytime someone parks in front of my ouse I can call the council to sting them? What if they drive off before the scum arrive?

 

That can't be right (well, SSON's case). He parked on a public highway - a resident can't lay claim to that area. If he was blocking egress there would be a case but not if it's not causing an obstruction, surely?

[Dimond Geezer]

Well I'm confused now, I was speaking to a mate of mine recently about parking across dropped kerbs, he works for the council & his job sometimes requires that he deals with this sitution. He told be that it is perfectly legal to park across a driveway/dropped kerb, unless you are blocking someone in the driveway, not stopping them getting in, but stopping them getting out. Basically he said that if there is a car on the driveway, or a closed garage don't park there, if there is nothing on the driveway, or an open & empty garage, you can park there. You got a ticket for neither blocking in, or out - I don't understand.

[sotonjoe]

I remember seeing a news item on the BBC which claimed that it wasn't against the law to park in front of a dropped kerb at all (irrespective of whether the driveway or entrance is in use); it's merely an issue of politeness.

[Barry the Badger]

http://www.penaltychargenotice.co.uk/parking/contraventions-for-parking/contravention-code-27/

 

Still a bit vague.

[saintscottofthenortham]

http://www.penaltychargenotice.co.uk/parking/contraventions-for-parking/contravention-code-27/

 

Still a bit vague.

 

Says about single and double yellow lines. This dropped kerb had none.

[Jeff Le Taxi]

Im still waiting for someone to require rule 1 from isleofwhites girlfriend

 

 

or am i just a perv? (-;

[Barry the Badger]

Says about single and double yellow lines. This dropped kerb had none.

 

Well, not entirely. It does say "Highway Code rule 243 which states:

 

DO NOT stop or park:

• where the kerb has been lowered to help wheelchair users and powered mobility vehicles;

• in front of an entrance to a property. "

 

Without any mention of the lines, I suspect this is what you've been done on, although it's clearly totally crap that they can do so.

 

Their general point is that in London people were getting done for parking on single yellowed dropped kerbs, at times when it's normally ok to park on single yellows and with no indication to the contrary. It's a fair comparison as you've also been done for parking in front of a dropped kerb when there was no indication that you shouldn't do so.

[sotonjoe]

Well, not entirely. It does say "Highway Code rule 243 which states:

 

DO NOT stop or park:

• where the kerb has been lowered to help wheelchair users and powered mobility vehicles;

• in front of an entrance to a property. "

 

Without any mention of the lines, I suspect this is what you've been done on, although it's clearly totally crap that they can do so.

 

Their general point is that in London people were getting done for parking on single yellowed dropped kerbs, at times when it's normally ok to park on single yellows and with no indication to the contrary. It's a fair comparison as you've also been done for parking in front of a dropped kerb when there was no indication that you shouldn't do so.

 

But the Highway Code isn't in itself law, even though it contains many points of law. I thought there was something about the word "must" being used in the Highway Code to indicate points of law, i.e. "Motorists must not...". In that quote of Rule 243, it could just be an instruction but not necessarily a point of law.

[Barry the Badger]

But the Highway Code isn't in itself law, even though it contains many points of law. I thought there was something about the word "must" being used in the Highway Code to indicate points of law, i.e. "Motorists must not...". In that quote of Rule 243, it could just be an instruction but not necessarily a point of law.

 

Fair point but they also say (and I assume they've researched it as they've made a whole website about it!) "The law basically says that you should not obstruct dropped kerbs unless you are obstructing a dropped kerb outside a house with the permission of the owner".

 

This suggests that the charge is probably correct by the letter of the law, but it is clearly completely over-zealous and lacking in any common sense.

 

I've gotten out of a parking charge in the past where the attendant was technically correct to issue a ticket, but was pretty harsh given the circumstances. I just wrote the local authority a letter and appealed to their sense of decency, and they rescinded it along with a "don't do it again" type letter.

 

I would suggest doing that, it's probably luck of the draw who opens the letter and what kind of day they're having, also perhaps if you have any previous offences I guess.