Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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  1. #1
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    Default TFL - Dropped Kerb

    Before I consider an appeal, I would like to get some advice, do you feel I have a case:

    A friend of mine was given a ticket for parking here

    Forum - Shared photo album - Photobox

    The white line you can see in one of the pictures is for a parking bay, which goes across the dropped kerb, but as you can see the the dropped kerb is no longer in use, due to a wall being built.

    Where the blue corsa is parked there are no enforcements in place.

    pcnicon - issued for being 'parked adjacent to a dropped footway'

    Is it me or is this madness?

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  2. #2
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    Default Re: TFL - Dropped Kerb

    You cannot be issued for a 'dropped kerb' if in a bay however if the car was parked as the Corsa is its a contravention the drop kerb is very clear. I would question why Tfl would issue a pcnicon for the contravention though as they can only enforce 'red routes' and this is clearly not a Red Route. Whether the dropped keb is being used is not a reason to park there as its not down to the driver to decide if its used or not, in this instance the property could require access for a motorcycle or disabled access.


  3. #3
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    Default Re: TFL - Dropped Kerb

    More lunacy from the local authorities.


  4. #4
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    Default Re: TFL - Dropped Kerb

    Quote Originally Posted by green_and_mean View Post
    in this instance the property could require access for a motorcycle or disabled access.
    .. or more than likely in this case, the council couldn't be arsed to re-align the kerb or at least inform their idiot CEOs not to enforce a dropped kerb charge when the dropped kerb is clearly obsolete.

    I have a school near me that has been closed for the past year, but the council havent bothered to remove the yellow zigzag lines outside the (perminantly) locked metal gates. Do you think drivers should still be receiving PCNs for stopping/ parking on that bit of road G&M?


  5. #5
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    Default Re: TFL - Dropped Kerb

    [quote=crem;1661313I have a school near me that has been closed for the past year, but the council havent bothered to remove the yellow zigzag lines outside the (perminantly) locked metal gates. Do you think drivers should still be receiving PCNs for stopping/ parking on that bit of road G&M?[/quote]

    ...are they getting PCNs?


  6. #6
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    Default Re: TFL - Dropped Kerb

    I didn't say whether they are or they aren' t. I asked whether you thought they should when the lines are effectively obsolete like the OPs dropped kerb most likely is.

    in this instance the property could require access for a motorcycle or disabled access.
    btw if there was any chance of this being true, would it not be reasonable to think the "motorbike" or "disabled person" would want access to the bit of dropped kerb in front of the remaining gate?

    If you look at the first pic from the OP you can clearly see that gate is directly behind the authorised parking bay, but the "offense" appears to be committed by parking in front of a brick wall!


  7. #7
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    Default Re: TFL - Dropped Kerb

    Quote Originally Posted by crem View Post
    I didn't say whether they are or they aren' t. I asked whether you thought they should when the lines are effectively obsolete like the OPs dropped kerb most likely is.

    btw if there was any chance of this being true, would it not be reasonable to think the "motorbike" or "disabled person" would want access to the bit of dropped kerb in front of the remaining gate?

    If you look at the first pic from the OP you can clearly see that gate is directly behind the authorised parking bay, but the "offense" appears to be committed by parking in front of a brick wall!
    The contravention is parked adjacent to a dropped kerb, there is no requirement for it to be in use. Since there is an exemption for the property owner to park across their own access, I would expect a request to enforce has been received.
    The school is a completely different matter since it will require a TRO which usually specifies 'during school hours or term time' and since the School is shut the lines cannot be enforced.


  8. #8
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    Default Re: TFL - Dropped Kerb

    The contravention is parked adjacent to a dropped kerb, there is no requirement for it to be in use. Since there is an exemption for the property owner to park across their own access, I would expect a request to enforce has been received.
    So in essence, because the property owner has an exemption to park there, it has effectively created a private parking space on a public highway which everyone could receive a pcnicon for except the owner of that premises.

    If the premises no longer has a requirement for vehicular access to the premises and has in fact closed up the entrance, then the council should remove the dropped kerb either physically or at least by withdrawing such enforcement.

    Or as Rob S as already said..

    Quote Originally Posted by Rob S View Post
    More lunacy from the local authorities.



  9. #9
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    Default Re: TFL - Dropped Kerb

    What is also interesting is the fact the parking bay goes across the dropped kerb. So they invite you to park in the bay and in their world (as in my case) give you a ticket for being 'parked adjacent to a dropped kerb'.

    Their bay actually blocks access to the only part of the cross over which I find to be legal, the small gate.



  10. #10
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    Default Re: TFL - Dropped Kerb

    Quote Originally Posted by crem View Post
    So in essence, because the property owner has an exemption to park there, it has effectively created a private parking space on a public highway which everyone could receive a pcnicon for except the owner of that premises.
    If it's to a single premises they cannot issue a PCN unless the occupier has made a complaint. So it's private for guests too!

    The problem with this theory is that there are not that many cars that will fit alongside a dropped kerb!

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  11. #11
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    Default Re: TFL - Dropped Kerb

    there are two things to worthy of note here:

    1. goto the planning dept and check this is an official dropped curb on the street plan, if it is not there, there is no case to answer. it does not look 'council installed' to me going by the rest of the area, are any other contructed like this nearby?

    2. if it is officially built and on the street plan, it matters not if the access is half blocked by a wall or a marked parking space, it is for predestrian use too. read your highway code.

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  12. #12
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    Default Re: TFL - Dropped Kerb

    Disagree. pedestrian use is only valid for a matching kerb on the other side of the road (that is not also a single residence entry). there ARE different types of dropped kerb.



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