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  • FIRST POST
    • AJ16
    • By AJ16 11th Feb 18, 7:43 PM
    • 89Posts
    • 32Thanks
    AJ16
    fined for stopping in loading bay
    • #1
    • 11th Feb 18, 7:43 PM
    fined for stopping in loading bay 11th Feb 18 at 7:43 PM
    On the 6th Feb I was ticketed by a local authority parking enforcement person a week ago. There are fairly new parking restrictions and I didn't realise that I was in a loading bay, I was observed for 5 minutes and got a £35 windscreen ticket. My 7 seater was parked across the road from my office, to appeal the ticket you need a delivery note, as it was my office premises I did not have one, I told them this and they have dismissed it as a reason and they now want £70. They wrote " I note from your email that you are unable to provide any form of evidence to prove that loading/unloading activities were taking place".

    There loading bay in question does not have any times on the small sign on the post, it just says loading only, no times. In their letter they refer to the government phrasing for contravention code 25 "Parked in a loading place during restricted hours without loading (non goods vehicles)" Should they be showing the loading restrictions on the sign?

    What's the best course of action now? Should I write a letter from my own company on headed paper to say that I was loading during the 5 minute period?
Page 1
    • k3lvc
    • By k3lvc 11th Feb 18, 7:45 PM
    • 2,045 Posts
    • 3,304 Thanks
    k3lvc
    • #2
    • 11th Feb 18, 7:45 PM
    • #2
    • 11th Feb 18, 7:45 PM
    What's the best course of action now? Should I write a letter from my own company on headed paper to say that I was loading during the 5 minute period?
    Originally posted by AJ16

    And perjure yourself when they dig out footage showing nothing of the sort
    • pappa golf
    • By pappa golf 11th Feb 18, 7:49 PM
    • 8,706 Posts
    • 9,278 Thanks
    pappa golf
    • #3
    • 11th Feb 18, 7:49 PM
    • #3
    • 11th Feb 18, 7:49 PM
    did you "deliver" yourself to the office that morning?
    Save a Rachael

    buy a share in crapita
    • Coupon-mad
    • By Coupon-mad 11th Feb 18, 9:48 PM
    • 53,987 Posts
    • 67,658 Thanks
    Coupon-mad
    • #4
    • 11th Feb 18, 9:48 PM
    • #4
    • 11th Feb 18, 9:48 PM
    And perjure yourself when they dig out footage showing nothing of the sort
    Originally posted by k3lvc
    What footage would that be then? This is not CCTV. Councils are not allowed to use it for that.

    The OP says they were ticketed by 'a person' therefore I read this as a windscreen PCN.

    The OP does not say anywhere here that they were not loading, bringing bags or papers into the office, so why do you think they are lying? I don't.

    Did you know that CEOs must observe for a minimum of five minutes, to exclude the possibility of loading/unloading activity, but that if the driver can show that this activity was occurring then the PCN will likely be cancelled at NTO stage? Loading and unloading can reasonably take up to 20 minutes and there is no reason why a CEO would see the driver in a mere (bare minimum...typical for Councils) five minutes observation, if the premises include stairs or a lift or doors that are locked, etc.

    Most Council PCNs are issued by chancer CEOs employed by private firms, who have no real idea or care about the actual stated rules in the Traffic Order applicable to any road/bay.

    IMHO, from reports on pepipoo forum where these baseless Council PCNs are beaten almost all the time, most PCNs can be cancelled at Adjudication. If more people knew this, and didn't get swayed by the carrot of the 'discount', the entire house of cards of Council 'parking fines' would collapse.

    Should I write a letter from my own company on headed paper to say that I was loading during the 5 minute period?
    Yes, at NTO stage, when it arrives. Not in reaction to the usual rejection of first appeal.

    Wait for the NTO, assuming I am right and this was a windscreen Council PCN and you are the keeper.
    Last edited by Coupon-mad; 11-02-2018 at 9:53 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • AJ16
    • By AJ16 11th Feb 18, 11:50 PM
    • 89 Posts
    • 32 Thanks
    AJ16
    • #5
    • 11th Feb 18, 11:50 PM
    • #5
    • 11th Feb 18, 11:50 PM
    Thanks Coupon Mad, yes it was a windscreen PCN and I am the keeper.

    Their Notice of Rejection of Representations letter says " This letter is served as a formal Notice of Rejection of your representations ", yet it also says "'without any additional evidence I cannot accept your appeal", so I'm wondering about sending a letter from the company confirming the loading activity.

    I have looked at the Contravention code 25 but it's weighty technical wording and people using high street loading bays can hardly be expected to know about it. Surely the council should be at least putting loading bay restrictions on the sign?

    After the event I found information on their website about parking, but again it should be on their signs surely?
    • Coupon-mad
    • By Coupon-mad 11th Feb 18, 11:53 PM
    • 53,987 Posts
    • 67,658 Thanks
    Coupon-mad
    • #6
    • 11th Feb 18, 11:53 PM
    • #6
    • 11th Feb 18, 11:53 PM
    it also says "'without any additional evidence I cannot accept your appeal", so I'm wondering about sending a letter from the company confirming the loading activity.
    Yes you could do, and what would be great, is if the Council replies that they 'cannot' consider more than one appeal submission pre-NTO stage.

    You actually WANT them to say that, because it's not true, and it adds 'procedural impropriety' to your NTO appeal!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Quentin
    • By Quentin 11th Feb 18, 11:53 PM
    • 34,501 Posts
    • 18,466 Thanks
    Quentin
    • #7
    • 11th Feb 18, 11:53 PM
    • #7
    • 11th Feb 18, 11:53 PM
    Take this to pepipoo for best advice


    This forum majors on private parking invoices rather than "proper" council tickets
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