Parking on a dropped footway

[shaz1000]

Hi i am trying to establish whether this warrants a parking fine? i do not believe i was blocking the dropped footway but obviously parking attendant thought otherwise. I am going back to look at the dropped pathway today would it be a good idea to measure the height?

 

the pictures the council sent me are very blurred not sure if they are going to produce better pictures in court. i have posted some pictures i took on my mobile at the time

Edited August 17, 2009 by shaz1000

[crem]

Please wait for an expert to look at these, but IMO I do not believe that constitutes a legal dropped kerb situation. It looks more like the kerb has been damaged (squashed down) by vehicles repeated cutting across it when turning the corner

[citizenkain]

still parked on the junction though,obstructing everyone

[crem]

still parked on the junction though,obstructing everyone

 

but that is not what the PCN relates to according to the OP.

[shaz1000]

Please wait for an expert to look at these, but IMO I do not believe that constitutes a legal dropped kerb situation. It looks more like the kerb has been damaged (squashed down) by vehicles repeated cutting across it when turning the corner

yes one of the paving stones is damaged and does look lower. the council have now put double yellow lines where i was parked

[Guest wino]

A dropped kerb will have triangular kerb stones leading to lower level ones. These definatly look like old kerbs that have dropped.

[shaz1000]

A dropped kerb will have triangular kerb stones leading to lower level ones. These definatly look like old kerbs that have dropped.

so what should i appeal on?

[kls203]

if you contest this i suspect they will say that you are parked to close to the junction anyway and just re-fine you for that instead

you can give it a go tho

[lamma]

they can't reissue the PCN under another code.

[kls203]

oh i wasnt aware of that so yeah go for it, you will prob win!

[shaz1000]

oh i wasnt aware of that so yeah go for it, you will prob win!

sorry on what basis are you saying i should appeal?

[crem]

sorry on what basis are you saying i should appeal?

 

Appeal on "the contravention did not occur".

 

Whether you were committing another type of offence instead is irrelavent, they did not accuse you of parking too close to the junction or anything else, so can only proceed with the "parked across dropped kerb" offence, which it would appear, you probably didn't coz the dropped kerb doesn't exist.

[shaz1000]

should l send my own pictures or rely on the blurred pictures from the council?

[crem]

You don't have to send anything at this stage as far as I know. You only have to contest that the contravention did not occur,

[shaz1000]

You don't have to send anything at this stage as far as I know. You only have to contest that the contravention did not occur,

i have the notice to owner

[crem]

i have the notice to owner

 

I think, (although I have never had a NtO), that there is a box on the back to tick that states it didn't occur.

[shaz1000]

I think, (although I have never had a NtO), that there is a box on the back to tick that states it didn't occur.

that is correct but i just wondered if i should send accompanying documentation in the form of my own pictures?

[crem]

lamma or G&M could probably advise best what if anything should be included at this stage.

 

Hang on for a bit and I am sure one of them will pick up on this thread.

[green_and_mean]

A dropped kerb will have triangular kerb stones leading to lower level ones.

 

Not always.

[green_and_mean]

Ask the highways department (not parking) if there is a drop kerb at the location.

[shaz1000]

Ask the highways department (not parking) if there is a drop kerb at the location.

my 28 days is up on tuesday and the notice to owner has to be sent back by post - so may not have time to wait for a response. But that is a good suggestion, thank you

[odds]

I know it's not relevant to your problem, but to be honest you are just asking for trouble parking there. So you are totally unaware of the highway code or someone that doesn't give a toss about it, or the problems parking your car there causes. Taken from the Highway Code just for you :

 

217 - DO NOT park your vehicle or trailer on the road where it would endanger, inconvenience or obstruct pedestrians or other road users. For example, do not stop

• near a school entrance
  
• anywhere you would prevent access for Emergency Services
  
• at or near a bus stop or taxi rank
  
• on the approach to a level crossing
  
• opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
  

If you had followed the Highway Code then you wouldn't even be in this situation.

[shaz1000]

my brother just sent me a clearer picture which he took. My car was parked adjacent to stone 1 and up to the line on stone 2. However, you can see from the angle how the kerb drops on stone 2 and then is raised on stone 3

Edited August 17, 2009 by shaz1000

[green_and_mean]

I know it's not relevant to your problem, but to be honest you are just asking for trouble parking there. So you are totally unaware of the highway code or someone that doesn't give a toss about it, or the problems parking your car there causes. Taken from the Highway Code just for you :

 

 

217 - DO NOT park your vehicle or trailer on the road where it would endanger, inconvenience or obstruct pedestrians or other road users. For example, do not stop

• near a school entrance
  
• anywhere you would prevent access for Emergency Services
  
• at or near a bus stop or taxi rank
  
• on the approach to a level crossing
  
• opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
  

If you had followed the Highway Code then you wouldn't even be in this situation.

 

Why don't you pop over to the Bank charges forum and tell them if they hadn't gone overdrawn they wouldn't have got any charges!!

[odds]

Why don't you pop over to the Bank charges forum and tell them if they hadn't gone overdrawn they wouldn't have got any charges!!

 

Going overdrawn happens by overlooking payments due out. Parking so close to a junction is just stupid and dangerous. To be honest, people that just have no concept of the problems they cause should be fined. If a child was crossing there, guess who's car would be blocking the vision of other drivers approaching that junction. Just hope it isn't your child that gets knocked over cos some lazy sod can't be arsed to walk a few hundred yards, so plonks the car on a junction.