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Parking code 27 (dropped kerb)


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I've been given a ticket for parking in a place I've used off and on for years. It's next to a drop kerb, but one that isn't used as a way in to a garage or driveway. There is a garage door but it is NEVER used to gain access to the road. There is no white line or "NO PARKING' sign anywhere near it.

 

In my street which only has 14 houses, there are 4 dropped kerbs, two of which have white lines.

 

I will challenge the fine.

 

Does anyone have any helpful advice?

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Welcome to CAG jrm. :)

 

There are plenty of parking and traffic experts in this forum and someone will be only too glad to help you and offer some useful advice. They are a friendly bunch with plenty of expertise in these areas.

 

Good luck and enjoy CAG. Feel free to have a look throughout the site!!:)

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Not whole story from G&M

If it not a dropped kerb for a footway e.g. it as the one you describe, a driveway access. You can park across it provided you have the permission of the landowner (but not for a fee). G&M knows this.

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Not whole story from G&M

If it not a dropped kerb for a footway e.g. it as the one you describe, a driveway access. You can park across it provided you have the permission of the landowner (but not for a fee). G&M knows this.

I agree If it is a residential dropped kerb you can park with the owners permission. The idea is to stop attendants ticketing the owner.

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I agree If it is a residential dropped kerb you can park with the owners permission. The idea is to stop attendants ticketing the owner.

 

One can probably assume then that the owner had not given permission then, if the Council issued a PCN or maybe you think they just issue to every car on a drop kerb and just hope its never the householder?

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One can probably assume then that the owner had not given permission then, if the Council issued a PCN or maybe you think they just issue to every car on a drop kerb and just hope its never the householder?

I cant see the attendant banging on the owners door before issuing.:eek:

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Exactly....PCNs are only issued to private driveways upon receiving a complaint. If this was not the case they would be dishing out hundreds of PCNs a day.

ok ,

how would one find out if the ticket was issued due to a complaint and not attendant error ie training issues.

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ok ,

how would one find out if the ticket was issued due to a complaint and not attendant error ie training issues.

 

Surely that is a bit obvious? If it was the OPs house or a friends with permission he does not need to know if a complaint has been made since he is exempt so the complaint is irrelevant.

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Exactly....PCNs are only issued to private driveways upon receiving a complaint. If this was not the case they would be dishing out hundreds of PCNs a day.

Not a complaint - a request to enforce. Big difference.

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It makes no odds he either was entitled to park there or not regardless of any complaint or 'request to enforce'.

so an attendant is within his rights to place a ticket on my car which is parked on or adjacent to my dropped kerb.

Edited by nero12
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so an attendant is within his rights to place a ticket on my car which is parked on or adjacent to my dropped kerb.

then the next question would be, whats stopping an attendant issuing a rogue ticket on a single occupancy dropped kerb/driveway in a residential area which is not used and a reqest/compalint has not been made.

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so an attendant is within his rights to place a ticket on my car which is parked on or adjacent to my dropped kerb.

 

Yes a PCN can be issued just as a PCN can be issued to any vehicle on a yellow line. Obviously to save dealing with thousands of appeals Councils try to avoid issuing to vehicles that are exempt from the restriction.

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then the next question would be, whats stopping an attendant issuing a rogue ticket on a single occupancy dropped kerb/driveway in a residential area which is not used and a reqest/compalint has not been made.

 

It is not a rogue PCN, it is a contravention to park adjacent to a drop kerb so the PCN is issued correctly. If the driver feels he is exempt due to having been granted prior permission to park (or owns the house) then he can appeal.

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I already stated Council policy was usually to only issue on receipt of a complaint (or 'request to enforce' for the pedantics out there). If a PCN was issued the only defence would be the contravention did not take place ie you had permission, there are no grounds in that the Council was not asked to enforce. The law does not differentiate between different types of drop kerb so for a request to be a requirement of the contravention would not be possible for many types of drop kerb.

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Many types ? ?

"The new legislation refers to two different types of dropped kerbs; (a) the enforcement of a dropped kerb where a vehicle is obstructing pedestrian access, (b) the enforcement of a single occupancy driveway for residential premises. However in respect of the single occupancy driveways, enforcement action can only be instigated at the request of the occupier of the premises."

 

And all they have to do is load the PDAs with the correct info so the CEOs know which ones to enforce.

Can't a trained CEO recognise "a single occupancy driveway for residential premises." and then check the relevant information ?

they don't have to tell the time to so this ....

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Can't a trained CEO recognise "a single occupancy driveway for residential premises." and then check the relevant information ?

they don't have to tell the time to do this ....

 

Maybe they don't have to be able to tell the time for this one, but they do have to be able to count to at least 2, which for some CEOs may still be a challenge too far. :D

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Many types ? ?

"The new legislation refers to two different types of dropped kerbs; (a) the enforcement of a dropped kerb where a vehicle is obstructing pedestrian access, (b) the enforcement of a single occupancy driveway for residential premises. However in respect of the single occupancy driveways, enforcement action can only be instigated at the request of the occupier of the premises."

 

And all they have to do is load the PDAs with the correct info so the CEOs know which ones to enforce.

Can't a trained CEO recognise "a single occupancy driveway for residential premises." and then check the relevant information ?

they don't have to tell the time to so this ....

 

Wrong again I'm afraid any drop kerb can be enforced including multiple occupancy and shared drop kerbs which do not require any form of request or complaint. I dont know what 'relevant information' you refer to but probably not relevant since you do not understand the law anyway.

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Wrong again I'm afraid any drop kerb can be enforced including multiple occupancy and shared drop kerbs which do not require any form of request or complaint. I dont know what 'relevant information' you refer to but probably not relevant since you do not understand the law anyway.

where is the rule that requires an attendant to enforce a dropped kerb serving my own driveway?

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