Kerb Is Not a Dropped Footway Within Section 86

A code 27 ticket is only lawful if the kerb was lowered to carriageway level for one of three exact purposes in section 86(1) of the Traffic Management Act 2004: helping pedestrians cross, helping cyclists enter or leave the road, or helping vehicles cross the footway into premises. A kerb that has merely sunk, worn down, been lowered for drainage or utilities, or that was never actually lowered to meet the road level, is not a 'dropped footway' and cannot be enforced against.

Legal basis

Traffic Management Act 2004 s.86(1)(a): the footway, cycle track or verge must have 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'

How to identify this in your case

Look at the kerb where you were ticketed. Is it genuinely lowered flush (or nearly flush) with the road, with the sloped transition stones a constructed crossing has? Or is it just a worn, sunken or damaged kerb, or a lowered section serving a drain or utility cover rather than a crossing point? Photograph the kerb face-on and along its length, with something for scale.

Sample appeal wording

formal

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Kerb Is Not a Dropped Footway Within Section 86

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps