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Council With Holding Photographic Evidence


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I've been helping a friend to appeal a parking ticket, for being parked across a dropped kerb (access to a drive way to private flats).

 

The dropped kerb has no start and end reference points as the height of the kerb is the same along the street and there are no road markings.

 

From the photos which they sent to him, you could not see he was parked over the dropped kerb. So I wrote asking for clarification on where the dropped kerb starts and finishes. Standard line came back about waiting for Notice to Owner to make a formal challenge.

 

At the bottom of the letter, they let me know I can view the images on line, but also state:

 

"Please note that there is no legal requirement for such evidence to be taken, therefore the absence of photographs for a case does not invalidate the contravention"

 

Surely if I take this to appeal, they will have to produce photos and I am hoping they cannot hold back photos and present them at the last minute, which of course could change the way I would proceed?

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At the bottom of the letter, they let me know I can view the images on line, but also state:

 

"Please note that there is no legal requirement for such evidence to be taken, therefore the absence of photographs for a case does not invalidate the contravention"

Surely if I take this to appeal, they will have to produce photos and I am hoping they cannot hold back photos and present them at the last minute, which of course could change the way I would proceed?

 

Doesn't that answer your question, photos are not required so no they do not have to produce them however if they wish to use photos they DO have at PATAS you should get them in their evidence pack. The grounds for appeal do not include 'I'm hoping they have no photos' if you didn't park on the dropped kerb then they obviously cannot have photos showing you did so it cannot possibly affect how you proceed.

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I would add to that, that if you are of the opinion that he did not park across the dropped kerb, you should be able to locate the exact spot by looking at the photos you do have - if you go back and take your own images, you could demonstrate the facts that way and not rely on the Council doing it.

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The dropped kerb has no start and end reference points as the height of the kerb is the same along the street and there are no road markings.

 

If you mean that the kerb is dropped all the way along then surely the car was indeed parked at a "dropped kerb" which might harm your defence!

 

For access to flats and shared parking areas there may be a need for fire appliance access and/or bin lorries who need more turning area than a normal car.

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