PCN 27 - Dropped curb

[beanie33]

I received a PCN 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...31a77118085.pdf

 

http://www.leeds.gov.uk/files/Internet2007...eac3f86250e.pdf

 

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

[asterion]

Did you manage to appeal? I got a fine for parking 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...

[beanie33]

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.

[asterion]

That would be great, if you could

[beanie33]

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!

[beanie33]

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 (PCN): 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

[lamma]

Highway Code. Not law and they should know that.

[crem]

was going to say what Lamma just said.