Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
    Basic Account Holder beanie33 Novitiate

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    Default PCN 27 - Dropped curb

    I received a pcnicon for parking in the suburbs of Leeds adjacent to a dropped curb yesterday (11:17, Sunday 24th Jan). Until now, I did not even realise this was an offence, as there were no other restrictions on the road.

    My main problem with this PCN is that there is no purpose for the dropped curb. There is no adjacent dropped curb on the other side of the road, which I believe contradicts the definition of a dropped footpath from the Traffic Management Act 2004, which states:

    (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


    As there is no adjacent dropped curb, I do not believe that this dropped curb is there for the purpose of assisting pedestrians. The road was also closed a little further up at the time of the offense. The road itself is on an industrial estate, where the only business is a garage, which was closed as the offence occurred on a Sunday. This is an area where I have never seen a pedestrian and the only people that use it, use it to park their cars, as it is near to a new flat development.

    Also, when I arrived at my car (shortly after it was ticketed) , I found that there was another vehicle parked completely obstructing the pavement, which did not have a ticket.

    Is there any way, or any point, of fighting this? I have uploaded some images of my car and also of the road, found on Google Street view.

    My car


    No adjacent dropped footpath




    Dropped footpath 2m away


    Only entrance to the road (end not closed)


    The PCN:









    As you can see from the pictures, there is another dropped curb less than 2m away. This is for the entrance to a private car park, which is also closed on a Sunday.

    Also, can someone help me by explaining what a Special Enforcement Area is? I was under the impression that you can only get fined for this offense if you are within one of these. As I was parked outside the city centre, is this included as a SEA?

    The information on the Leeds City Council website is very poor on this. They do not once mention obstructed a dropped curb as an offence in any of their documents online:

    http://www.leeds.gov.uk/Page.aspx?pageIden...e8-7e67122bb02e

    http://www.leeds.gov.uk/files/Internet2007...31a7711808 5.pdf

    http://www.leeds.gov.uk/files/Internet2007...eac3f86250 e.pdf

    Any help would be appreciated as I would like to appeal straight away.


  2. #2
    Basic Account Holder asterion Novitiate

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    Default Re: PCN 27 - Dropped curb

    Did you manage to appeal? I got a fine for parkingicon on the opposite corner of the entrance to the museum car park. The traffic wardens seem to be having Xmas all around thanks to us. Pity no one gives a damn about the multiple break-ins and thefts from cars. The people from my office call the place 'glass alley' and it has nothing to do with the glass factory around the corner but the broke windows debris all around the pavement...


  3. #3
    Basic Account Holder beanie33 Novitiate

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    Default Re: PCN 27 - Dropped curb

    Hi,

    After a long wait for a reply for from my appeal (2 months), they decided to drop the fine. I can post my letter of appeal if you think it would help you, I focussed on a few aspects, including that there was no adjacent dropped footway, if there was planning permission for the dropped footway, the lack of restrictions on the road and the time of the offence (11am on a Sunday). Let me know of you'd like to see the letter and good luck.


  4. #4
    Basic Account Holder asterion Novitiate

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    Default Re: PCN 27 - Dropped curb

    That would be great, if you could


  5. #5
    Basic Account Holder beanie33 Novitiate

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    Default Re: PCN 27 - Dropped curb

    I have uploaded it, just click the link below. The file was too large to attach to the post and I couldn't think of another way to post it. Obviously I have removed all personal information.

    MEGAUPLOAD - The leading online storage and file delivery service

    Good luck!


  6. #6
    Basic Account Holder beanie33 Novitiate

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    Default Re: PCN 27 - Dropped curb

    Also I just thought I'd mention, this was the reply I got. The appeal was sent via email on 4/2/2010. This reply was received on 17/3/2010.

    Dear Sir/Madam

    Traffic Management Act 2004
    Penalty Charge Notice (pcnicon): LS********
    Date of Issue: 24/01/2010
    Location of Contravention: SAYNER LANE - HUNSLET
    Nature of Contravention: 27 PARKED ADJACENT TO A DROPPED FOOTWAY


    Thank you for your email which was received on 05 February 2010in regard to the above Penalty Charge Notice (PCN). Please accept our apologies for the delay in our reply.

    The Civil Enforcement Officer (CEO) issued the PCN because the vehicle was observed parked adjacent to a dropped footway.

    I would advise that the Highway Code states “Do not park your vehicle on the road where it would endanger, inconvenience or obstruct pedestrians or other road users. For example, do not stop: where the kerb has been lowered to help wheelchair users”.

    It is the responsibility of the motorist to ensure that they park their vehicle in accordance with the Highway Code, as failure to do so may result in the issue of a PCN.

    On this occasion, I am prepared to cancel the PCN. You should hear no more about this matter but the Parking Services department may not be able to cancel future PCNs issued in similar situations.

    Yours faithfully


    Appeals Officer


  7. #7
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    Default Re: PCN 27 - Dropped curb

    Highway Code. Not law and they should know that.


  8. #8
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    Default Re: PCN 27 - Dropped curb

    was going to say what Lamma just said.



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