Code 27 - Dropped Footways

[coot]

Hi all,

 

Just after a bit of advice really. What to do next, Appeal or pay?

 

My wife was parking the car near to my Father's house on Sunday. She parked on a yellow line out of controlled hours but parked too close to a dropped footway and I've been hit with a PCN from Camden Council. We were only there for a short time to load the car.

 

Please see pictures of PCN and the car where it was parked. Any advice would be grateful. I've read up a bit on this "special enforcement area" but am still unsure how to find out where these areas are. Any ideas?

 

 

 

 

Regards.. Karl

Edited March 16, 2009 by coot

[WelshMam2009]

Don't know specifics of the enforcement area, but the Highway Code states the following;

 

243DO NOT stop or park

 

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

 

- opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space

 

So, it appears that you could be booked anywhere in the country, based on this. Camden are simply enforcing their powers under the TMA to issue a fixed penalty notice.

[green_and_mean]

Any advice would be grateful. I've read up a bit on this "special enforcement area" but am still unsure how to find out where these areas are. Any ideas?

 

The whole of London is a Special Enforcement Area.

[coot]

So best to take it on the chin and pay up then eh chaps?

 

Thanks for the info.

[green_and_mean]

There are a few exempted activities see below which may or may not have been taking place with 1 min observation I guess it would be tricky for the Council to know if you had or had not been doing any of them.

 

14 Parking at dropped footways

(1) This section shall apply to any part of the carriageway of—

(a) any GLA road or GLA side road in a special parking area; and

(b) any other road in a special parking area in the area of a borough council,

which is adjacent to a dropped footway.

(2) But this section shall not apply in respect of any part of the carriageway during any period in which—

(a) an order under section 6 or section 9 of the Act of 1984 (which make provision about road traffic regulation orders) prohibits or permits the waiting of vehicles on it; or

(b) an order under section 45 of the Act of 1984 (Designation of parking places on highways) provides for its use as a designated parking place.

(3) A driver of a vehicle shall not at any time cause it to wait on a part of a road to which this section applies and the prohibition under this subsection shall be enforceable as if it had been imposed by an order under the said section 6.

(4) In the case where—

(a) residential premises have a driveway which is not shared by other premises; and

(b) the purpose of the dropped footway is to assist vehicles to enter or leave the road from or to the driveway,

the relevant borough council or Transport for London, as the case may be, may not issue a penalty charge notice in respect of any breach of the prohibition under subsection (3) above unless requested to do so by the occupier of the premises.

(5) Nothing in subsection (3) above shall require the placing of any traffic signs in connection with the prohibition thereby imposed.

(6)Nothing in this section shall prohibit the driver of a vehicle from causing it to wait in the circumstances mentioned in subsection (3) above—

(a) if the vehicle is being used for fire brigade, ambulance or police purposes;

(b) if the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to wait in order to avoid an accident;

© for so long as may be necessary for the purpose of enabling persons to board or alight from the vehicle;

(d) for so long as may be necessary (up to a maximum of 20 minutes) for the delivery or collection of goods or merchandise or the loading or unloading of the vehicle at any premises if that cannot reasonably be carried out as respects those premises without waiting as mentioned in subsection (3) above; or

(e) if the vehicle is being used for a purpose to which subsection (7) below applies and cannot be used for that purpose without so waiting.

7) This subsection applies to any purpose connected with—

(a) any building operation, demolition or excavation;

(b) the collection of waste by or on behalf of any council;

© the removal of any obstruction to traffic;

(d) the maintenance, improvement or reconstruction of the road; or

(e) the laying, erection, alteration, repair or cleaning of—

(i) any traffic sign, traffic light or street light;

(ii) any sewer or any main, pipe, cable or apparatus for the supply of water, gas or electricity; or

(iii) any telegraph or telephone wire, cable, post or support.

(8) In this section—

• “dropped footway” means any part of the footway or verge where it has been lowered to meet the level of the carriageway of a road for the purpose of—
  (a)
  assisting pedestrians crossing the road; or
   
  (b)
  assisting vehicles to enter or leave the road across the footway or verge;
   
   
   
  
• “special parking area” means a special parking area designated by an order made by the Secretary of State under section 76(1) of the Road Traffic Act 1991 (c. 40);
  
• “road” has the same meaning as in section 142(1) of the Act of 1984
  

[WelshMam2009]

I think 'waiting' may actually mean that the driver is in the vehicle and possibly, with the engine running....so, for example, you may be in a queue of traffic waiting to pull out and hence, would not be committing an offence.

 

Loading/unloading permits the driver to leave the vehicle I believe.

 

Perhaps you should check this out...good luck!!