25 September 2017

Lambeth Council - dropped footway = lowered standards

Sometimes the public end up knowing more than the functionaries who are punishing us. That is often now the case for Mr Mustard. He was sent the above PCN and he said straightaway to his client that it would not stand up to scrutiny at the tribunal. The reason being that the correct wording for code 27 is longer, and funnily enough Lambeth almost know that as they have fuller information on their on line system

and here are the officially approved words

Here is what the legislation says

Now Mr Mustard will show you what the kerb looked like where his client's car was parked:

That is not a garage or driveway to facilitate vehicle entry.
There isn't a cycle track there.
Is it for pedestrians to cross the road? Here is the opposite side
No dropped kerb there so no contravention as not especially for pedestrians to cross the road & no dimpled pavements to alert the blind.

On 11 September Mr Mustard told Lambeth that the words on the PCN did not amount to a contravention and that a contravention had not occurred in any event as the black doors look like they lead to an equipment store.

On 21 September they rejected his argument:

The response is wrong because parking against every dropped kerb is not a contravention; parking across your own private drive outside of cpz hours is ok (as long as the drive is not shared). Parking in front of a pram store or equipment room is also not a contravention. In addition the Highway Code does not exactly reflect the law (not Rule 217 either but Rule 240 and/or 243 and then it refers you to the relevant laws in red after the Rule) and not adhering to the Highway Code isn't necessarily a contravention and certainly not in this case.

The council haven't appreciated that Mr Mustard's client did not breach parking regulations so really shouldn't send such sanctimonious responses.

The decisions of the adjudicators are not binding but they are persuasive and here is an extract from a relevant one

We are in a situation in which the motorist will still be worried, despite Mr Mustard's assurances and where we now have to wait for a month and then go through the formal representations and doubtless get rejected again and then make an Appeal to the independent adjudicator at London Councils at which hearing the matter will be wrapped up in a couple of minutes and Lambeth Council will have burnt the £30 hearing fee.

If you have a dropped footway PCN in Lambeth, you now know what to do. Make representations that the PCN does not state a contravention.

Yours frugally

Mr Mustard

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