Parking ticket - Drop Kerb

Yucca

Yucca

Yucca

Associate
Joined
20 Nov 2004
Posts
2,209
Location
Nock/Leicester
Afternoon all,

I know PCN's have been discussed in several threads here over the years but iv not found one in reference to my situation hence the question.

Iv received a PCN (parking tickets) for 'Parking adjacent to a dropped footway' - Code 27.

Firstly, iv been driving for 10+ years and never even knew this was an offence. I wouldn't block someones access to their driveway but didn't know it applied to all drop kerbs!?

Secondly, a quick google search seems to give all sorts of legal reasons why the fine is/is not enforceable.

Anyone had a ticket for this before?!
 
Highway code rule 243 states:-

Rule 243
DO NOT stop or park:

  • near a school entrance
  • anywhere you would prevent access for Emergency Services
  • at or near a bus or tram stop or taxi rank
  • on the approach to a level crossing/tramway crossing
  • opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
  • near the brow of a hill or hump bridge
  • opposite a traffic island or (if this would cause an obstruction) another parked vehicle
  • where you would force other traffic to enter a tram lane
  • where the kerb has been lowered to help wheelchair users and powered mobility vehicles
  • in front of an entrance to a property
  • on a bend
  • where you would obstruct cyclists’ use of cycle facilities
except when forced to do so by stationary traffic.
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However, it's a DO NOT, not a MUST NOT, therefore it is advisory as opposed to a rule supported by legislation (and thus reportable/prosecutable - notice at the bottom there is no reference to legislation, in contract to rule 244 for example). Therefore, that would lead me to believe that your ticket has been issued with reference to a local byelaw (the code 27 bit also supports this). Has the ticket been issued by the council or a company on behalf of the council? If so, I think you're onto a loser contesting it, however I would write to them and ask if they can send you the parking regulations they are referring to, specifically whatever this Code 27 is.
 
amigafan2003 said:
Highway code rule 243 states:-



However, it's a DO NOT, not a MUST NOT, therefore it is advisory as opposed to a rule supported by legislation (and thus reportable/prosecutable - notice at the bottom there is no reference to legislation, in contract to rule 244 for example). Therefore, that would lead me to believe that your ticket has been issued with reference to a local byelaw (the code 27 bit also supports this). Has the ticket been issued by the council or a company on behalf of the council? If so, I think you're onto a loser contesting it, however I would write to them and ask if they can send you the parking regulations they are referring to, specifically whatever this Code 27 is.
Click to expand...

Its issued by Birmingham City Council.
 
Yucca said:
Its issued by Birmingham City Council.
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I think you'll have to suck it up. Case of lesson learnt I think.

EDIT: As above, see page 9.

2.2.8 Enforcement of parking on dropped footway crossings, zigzags and double parking

Following the introduction of the Traffic Management Act 20045 , authorities which have CPE powers have been able to apply to enforce prohibitions of parking on pedestrian crossing zigzags, dropped footway crossings and double parking. Leicestershire County Council are currently able to enforce under these powers as below:

2.2.9 Parking alongside dropped kerbs

This is the contravention of parking adjacent to a dropped kerb and applies where a vehicle parks on the carriageway next to a place where the footway, cycle track or verge has been lowered to the level of the carriageway (or where the carriageway has been raised to the level of the footway , cycle track or verge) to assist: • Pedestrians crossing the carriageway • Cyclists entering or leaving the carriageway; or • Vehicles entering or leaving the carriageway across the footway, cycle track or verge. This is enforced to protect the safety of vulnerable road users.
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Time to pay up dude.
 
Yucca said:
Secondly, a quick google search seems to give all sorts of legal reasons why the fine is/is not enforceable.

Anyone had a ticket for this before?!
Click to expand...

Why do you think it is not enforceable?

They could be wrong in terms of making a mistake. But councils have the law on their side giving them a duty to enforce road traffic laws (obviously they have to do it correctly, but mostly they do).
 
I did not not know they could fine someone, but the the curb is dropped for a reason.... :p i would not park in front of one
 
Since councils became in charge of local parking, there are rules such as this. My council deems it illegal to park over dropped kerbs, and if someone is parked over a dropped kerb, the affected resident can call up and get parking enforcement to ticket them. As your ticket has been given by a council for breaking their local parking rules, I imagine you'll have little to no chance of appealing it on the basis of "I didn't know that was a thing".
 
High horse etc but bit silly parking infront of a drop kerb. Would you park on a crossing?

Still, don't think you've anything to lose by contesting it.
 
I'm in NW London and I've seen loads of cars get a ticket at the bottom of my road for parking against a small dropped kerb intended for pedestrians/wheelchairs/pushchairs, never really gave it a second thought as I thought it was pretty obvious/courteous?

To the OP, can you post up a pic so show the dropped kerb and general area?
 
So reading your post, i assume it was a path rather than a driveway you parked infront of? As others have said surely its obvious not to park infront of a dropped kerb?
 
theone8181 said:
So reading your post, i assume it was a path rather than a driveway you parked infront of? As others have said surely its obvious not to park infront of a dropped kerb?
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I think I'm correct in saying that if it had been a driveway then he probably wouldn't have got anything?
 
I think he was opposite the drop kerb, so on the other side of the road. Might be bylaws against that if it's a driveway as you can block someone in on narrow roads.
 
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