contravention code 27 but kerb does not meet carriageway! Help please

[adhkar]

hi, i parked on wakefield street outside flats 92 - 96 in east london part of newham council. now the contravention says: Parked in a special enforcement area (which first of all it isn't as there are no parking restrictions or bays) adjacent to a footwa, cycle track or verge lowered to meet the level of carriageway.

 

The kerb does not meet the carriageway in fact there is a good 4 - 5 inch difference between the kerb and road, also it is very unclear that it was a dropped kerb in the first place. I was parked out side the entrance gate of the block of flats which has no where to cross over to so even if it has a lowered kerb a pedestrian would not be able to safely cross over on to the other side of the road. there are aboyt 4 other flats on the same road further up and none of them have a dropped kerb to the entrances so this is the only one.

 

i will upload a pic but i didn't think to move my car and then picture it but feel like i should go back with a ruler and photograph the difference in the kerb and road just to prove how un-noticable it is.

 

any body have any ideas on how best to tackle this? all the other kerb drops on the same road meet the carriageway and i have pictured them too. now just to figure how to upload a picture!

 

thank you and i look forward to your response i have 14 days in which to appeal otherwise i'll be paying the money grabbers £130!!!

[Michael Browne]

i should go back with a ruler and photograph the difference in the kerb and road just to prove how un-noticable it is

.

 

Good idea, also check that the 'dropped kerb' isn't kerb that has merely sunk (possibly caused by a heavy vehicle) and has proper sloping shoulder kerbs either side

[adhkar]

 

 

 

 

 

in the first pic you can see the kerb drop but it's quite noticable on the photo but when standing there it's not as i wouldn't have parked there if it was! in the fourth pic you can see the whole street view and the gates leading to the other flats which do not have a dropped kerb in front of the gates. the second pic shows another kerb drop on a corner which properly meets the kerb.

Edited August 22, 2012 by citizenB
separated images for easier vieiweng

[adhkar]

if you zoom into the pic and look at the kerb you can see for yourself it does not meet the carriageway.

[adhkar]

thanks Micheal browne i will go back with a ruler but does any body know what the maximum difference between the kerb and carriageway can be as i have exhausted my self trying to google it!

[adhkar]

so i've been back with my metal ruler and have measured the height of the drop which is 3 inches and the full height of the kerb is 4 and a half inches, also when i parked there were cars on either side of the drop so i could not easily notice the difference in pavement height i.e it was not easily visible i only saw the drop after i got the ticket.

 

can they legally put in a dropped kerb where there is nothing to cross over on to, as in the opposite pavement has no drop in the kerb to indicate that it may be a crossing point, there is no difference in pavement leading from the gate to the kerb. all other kerbs on the same road meet the carriageway properly as in there is no difference between the kerb and road they meet almost seamlessly. other drops which lead into a school have keep clear in white lettering stenciled on the road.

 

i wouldn't have parked there if i had seen the kerb drop how can i prove this point?

 

i have asked to see photographic evidence anyway to be able to prove my case, but i have a feeling it's futile as i can't find the legal regulations to say how high the kerb can be maximum.

[Michael Browne]

You have these points:

 

1. Although lower the pavement had not been lowered to meet the level of carriageway and certainly not enough to make it obvious that it constituted a dropped kerb.

2. When you parked there were cars on either side of the drop so the slight difference in pavement height was not obvious

3. There are other dropped kerbs for the same development only 15 yds away which are both properly lowered to meet the level of carriageway and marked by posts

4 There is no corresponding dropped kerb on the opposite pavement.

 

However, it's unlikely the council will allow an appeal on that basis, (although it is always worth a try), which means you would have to hope that an adjudicator would agree with you.

[dw190]

The Traffic Management Act (2004) states for dropped footways:

 

Prohibition of parking at dropped footways etc.

(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

 

 

 

(b) the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.

It clearly states that the kerb, verge or cycle track have been lowered to meet the level of the road. The road can also be raised.

 

[adhkar]

The Traffic Management Act (2004) states for dropped footways:

 

Prohibition of parking at dropped footways etc.

(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

 

 

 

(b) the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.

It clearly states that the kerb, verge or cycle track have been lowered to meet the level of the road. The road can also be raised.

 

 

so basically the dropped kerb meets none of those criteria?

 

i've consulted my cousin who's a CEO and he's said it's invalid as there isn't an identical croosing point on the opposite side making it an invalid crossing point for pedestrians and it's not for vehicular access either. if anything it may be for taking the bins out in which case again you can't be issued a ticket. my cousin does work in the same borough so he knows what he's talking about but can't phrase it like you guys hence i needed your help and he was unavailable until a little while ago.

 

thanks for the TMA as i wouldn't have been able to find that myself, really appreciate everyones help and i'll keep you posted on the result.

[dw190]

If you want the Act try this:

 

http://www.legislation.gov.uk/ukpga/2004/18/data.pdf

 

Section 86

[adhkar]

Here's a copy of the letter i'm thinking of sending in do you think i should add or delete anything from it? thanks in advance...

 

Dear Sir or Madam,

 

 

 

Parking ticket number:

Vehicle registration number:

 

 

 

 

 

 

I received a parking ticket on 22/08/2012 but I believe the ticket was wrongly issued and I would like to submit an appeal for the following reasons:

 

 

 

• The alleged contravention did not occur
  

Quite simply, the parking attendant got it wrong and I was not parked inappropriately at the time the ticket was issued. This is due to the fact the kerb was not lowered to meet the carriageway nor was there any signage indicating a dropped kerb. Neither is there a dropped kerb on the opposing pavement hence it is not for pedestrian use and it is not there for vehicular access either as there is no where for a vehicle to go.

 

 

Section 86 of the Trafiic Management Act clearly states what constitutes as a dropped kerb and where I was parked does not fall into this catergory, I suggest you train your CEO's better on what qualifies as a contravention and what doesn't as they are giving law abiding citizens stress without just cause. Had it been a dropped kerb there would have been no reason for me to the park there. There are 5 other gates to identical flats on the same road and not one has a dropped kerb in front of the gate, and every dropped kerb on the same road meets the carriageway as is stated in the TMA.

 

 

I am confident that my point has been been made and that the person dealing with this appeal will agree with me that no contravention has taken place hence the PCN is invalid.

1. The Traffic Management Act (2004) states for dropped footways:
    
   Prohibition of parking at dropped footways etc.
   (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
    
    
    
   (b) the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.
   

 

 

 

 

 

Please see attached photographic evidence which proves the kerb does not meet the carriageway as there is a 3 inch difference in the kerb and carriageway as proof of my appeal.

 

 

 

Yours faithfully,