Someone please help, parking PCN- worth appealing??

[Kelly123456]

Hello,

 

I would really appreciate if someone could give me some feedback as to whether to appeal the PCN. Yesterday I parked down a road with a school on, outside housing which is very busy with cars. I parked on a high kerb between two driveways which my car did not over hang onto either of the driveways and i was not obstructing pedestrians or either houses. My car is slightly over onto the dropped kerb, we are talking cm.

 

I have attached photo's for reference, if someone could please let me know what they thi, I would be very grateful.

 

This should be it, thanks.

Car PDF.pdf

[dx100uk]

can you give us the googly street view ref.

[Kelly123456]

Google street view address?

[dx100uk]

if you use google earth you can save the location and post it here.

 

gives the experts a better idea of the area.

[Kelly123456]

I can't seem to attach a link to the post...

[Kelly123456]

Maybe this will work

Weblink.pdf

[dx100uk]

how about a postcode with the street name then

[Kelly123456]

Waldegrave Park

TW1 4TH

[Michael Browne]

Section 86 (1) of the Traffic Management Act 2004 provides that (In a special enforcement area) a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where the footway, cycle track or verge has been lowered to meet the level of the carriageway for one of the purposes stated in the section.

 

This means that the dropped kerb is the part of the kerb which meets the level of the carriageway and does not include the sloping kerbs on either side.

 

I assume those are your photos, have you looked on the council website for the council's pics?

[Kelly123456]

Yeah those are my photo's, I have checked their images and the traffic warden has taken them the same as mine besides one photo which he has taken from an angle to show what looks like my car hanging over the driveway; which was not the case.

Do you think it is worth appealing?

[Michael Browne]

If you make an informal challenge within 14 days, you will preserve the discount if ( or rather when) they reject .

 

It's at that point you have to deciide whether to play double or quits with the Notice to Owner and the adjudication, where if you win you owe nothing or the full penalty if you lose

[Kelly123456]

This is the image the traffic warden took at the deceiving angle, in comparison to my photo the car does not over hang the driveway at all.

[Kelly123456]

Can anyone recommend any words of wisdom on how to challenge the penalty? Any right things to say??

[ericsbrother]

you state that you would like to appeal the PCN number ************ on the grounds that the offence didnt occur.

 

Your vehicle was parked so it was not obstructing the dropped kerb and the photograph supplied by the attendant was taken at an angle of approximately 20 degrees from the perpendicular giving rise to a parallax error that makes it appear to be overhanging the dropped section of the kerb when it wasnt.

 

tell them you have pictures taken at the time that show a view from the footpath and this better illustrates that there was no breach of the law.

you would rather this was disposed of by way of this informal appeal but will make a formal representation if it becomes necessary as you are certain of your position.

 

Now be clear about this, near to schools and the like the council is very hot on enforcing these tickets as the residents get fed up of being obstructed so even a 1" overhang can get you an enforceable ticket and that has been decided at a higher level so appealing when you are slightly wrong will lose you the appeal.

 

many people think it is the position of the wheels that count, it isnt.

Edited April 27, 2018 by honeybee13
Paras

[Kelly123456]

Thank you!