Lambeth council PCN 26e - please help!

[rickydaprince]

Hi guys,

 

Once again I've received another PCN. This time i was parked outside a club in a dead end road on a single yellow line (past 11pm).. .and the alleged contravention was 26e: Vehicle parked more than 50cm from the edge of the carriageway and not within a designated parking place (double/parked obstruction).

 

I parked on a curved kerb (no dropped footway), and because of this, my front was not too close to it. I will post the images soon, but I would appreciate advice on the PCN itself to see if it is valid.

 

Thanks for any help guys!

 

Here are the images of the PCN:

 

http://img134.imageshack.us/i/lambethpcn.jpg/

 

http://img134.imageshack.us/i/lambethpcnback.jpg/

 

Front view of car

Side view of car

Close up view of front tyre

 

*edit: image links fixed + new pictures*

Edited September 20, 2009 by rickydaprince

[lamma]

was ALL of your vehicle more than 50 cms from the kerb ? are there pictures ? see section 85 of the TMA Traffic Management Act 2004 (c. 18)

Edited September 20, 2009 by lamma

[rickydaprince]

thanks, i'll take a look. No... just the front tyre was perhaps more than 50cm. I'll post more pictures of the incident once I get my camera back. Meanwhile, is the pcn valid? thanks guys, appreciated

 

 

*edit* I have posted more images. Please take a look.

Edited September 20, 2009 by rickydaprince

[lamma]

I take it they are you own pictures taken at the scene. clearly not a S.85 contravention. any pictures from the council ? they will probably deny your appeal and force you down the path to adjudication in the hope that you just give up and pay. make sure your own pics are part of your appeal to the council. and ask them for theirs.

[rickydaprince]

I take it they are you own pictures taken at the scene. clearly not a S.85 contravention. any pictures from the council ? they will probably deny your appeal and force you down the path to adjudication in the hope that you just give up and pay. make sure your own pics are part of your appeal to the council. and ask them for theirs.

 

For the S.85 contravention to apply, my whole car must be 50cm away from the kerb? I will add these pictures to my appeal thanks. So I should appeal saying that the contravention did not occur? Thanks in advance buddy.

[lamma]

click on the link to the TMA I provided and read the section.

[rickydaprince]

click on the link to the TMA I provided and read the section.

 

Yes I have dude, thanks.

 

In a special enforcement area a vehicle must not be parked on the carriageway in such a way that no part of the vehicle is within 50 centimetres of the edge of the carriageway.

 

As the photo of my car shows, the majority of the car is easily within 50cm... so I should appeal with " the contravention did not occur" right?

[lamma]

correct. are the pics you posted yours or the council ?

[Bernie_the_Bolt]

If this goes to adjudication and the car was truly parked per your photos, I would also make an application for costs on the grounds of a vexatious defence by the LA.

[rickydaprince]

correct. are the pics you posted yours or the council ?

 

They are my pictures... sorry for not mentioning this earlier.

 

If this goes to adjudication and the car was truly parked per your photos, I would also make an application for costs on the grounds of a vexatious defence by the LA.

I don't understand this one Bernie... can you explain?

 

Also, I remember reading somewhere that if the PCN gets issued past 11pm, it reduces the time period that you're allowed to appeal or pay the fine, so the pcn is not valid? Is this correct or am I just plain wrong? Thanks.

[green_and_mean]

 

Also, I remember reading somewhere that if the PCN gets issued past 11pm, it reduces the time period that you're allowed to appeal or pay the fine, so the pcn is not valid? Is this correct or am I just plain wrong? Thanks.

 

I do wonder where people get these things from? The time scale starts from 12.01am on the morning of the day you get the ticket so yes it does give those that get tickets through the days less time as the day goes on but there is no reason for a PCN issued after 11pm to be invalid any more than one issued at 10am 2pm 6pm or any other time you care to pick.

[rickydaprince]

I do wonder where people get these things from? The time scale starts from 12.01am on the morning of the day you get the ticket so yes it does give those that get tickets through the days less time as the day goes on but there is no reason for a PCN issued after 11pm to be invalid any more than one issued at 10am 2pm 6pm or any other time you care to pick.

 

Thanks.

[rickydaprince]

Short and sharp draft letter - everything ok?

 

Dear Sir or Madam

 

 

I am writing to challenge the PCN with the reference number stated above on the grounds that the contravention with code 26E did not occur.

 

I quote from section 85 of the Traffic Management Act 2004:

Prohibition of double parking etc.

(1) In a special enforcement area a vehicle must not be parked on the carriageway in such a way that no part of the vehicle is within 50 centimetres of the edge of the carriageway.

 

It is very clear from the picture evidence enclosed that my vehicle was indeed within 50 centimetres of the edge of the carriageway. In light of this information, I would kindly ask you to use your discretion and cancel this PCN. I hope common sense prevails in this case because the alleged contravention did not occur.

 

If this informal challenge is rejected, I would like to review the CEO’s photographic evidence and notes, and I will not hesitate to make a formal appeal to the adjudicator.

 

Thank you very much for your assistance in this matter.

 

Yours faithfully,

[Bernie_the_Bolt]

This bit:

 

If this informal challenge is rejected, I would like to review the CEO’s photographic evidence and notes, and I will not hesitate to make a formal appeal to the adjudicator.

 

 

Should be changed to something akin to:

 

If this informal challenge is rejected, I await the NTO and will ultimately proceed to the adjudicator if my statutory representations are rejected. Here you will be required to produce the CEO’s photographic evidence and notes. I shall also be entitled to make an application for costs should I feel it appropriate and within the parameters allowed in law.

[rickydaprince]

Ahhh... perfect. Thanks Bernie.

[rickydaprince]

Hey guys, great news! I received a letter back from Lambeth eventually due to the postal strike and all - they have cancelled it! Click the link below to view the letter. Anyway, I was wondering if there is any point in following this up with a complaint letter? Thanks guys.

 

Lambeth Reply

[crem]

I always find it infuriating when you get a letter like this from the council, the bank or whoever, where it is clearly worded to indicate that "you are still in the wrong but we are going to let you off this time. Please don't do it again."

 

I think you clearly demonstrated that your car was not parked in contravention and the council should simply have agreed with you that PCN was issued incorrectly, yet they felt entitled to say "I must advise that in future, to ensure your vehicle is legally parked." So you were parked illegally on this occasion according to them, but they are not going to pursue it!

 

I would feel inclined to complain about that letter, but then I am usually an awkward so-an-so when people make claims like that.

[rickydaprince]

lol that's how I felt crem... it's silly that they still make it sound as if you were in the wrong. I might just leave it though, but the fact that traffic wardens have the cheek to issue a controversial PCN with the alleged contravention just ****es me off, when I clearly did not contravene!