Stupid I know but got a PCN

medders2604

I know I shouldn't have done it but have got a parking ticket from Salford Council.

I went to collect my dog from my dogsitters (Ive been working away) and seeing as the dog currently has a cut paw and can't walk far I parked on the pavement outside (which is very wide so knew people caould get past easily even with a pram) the dog sitters thinking I would only be a minute or 2, ended up taking a bit longer than expected (5 or 6 mins)and came out half carrying the dog to a lovely ticket.

I know I shouldn't have done it so no lectures please but only other parking a good 5 mins walk away so I did it rather than try and carry/drag a 30kg dog that far

Anyway have seen a few posts on here that say that Salford PCN's aren't compliant or something and seeing as already paying out on vet bills thought I would check if my ticket is compliant. (the £35 will pay for another few bandages and vet charges).

I have uploaded onto Tinypic but as first time Ive used it I hope I have got it right.

Any help please????

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Neil_B

Ouch! That is interesting but bad news!

After months and months of denial they appear to have corrected them.
(It was the dates in brackets which are not required anyway - being wrong)

Unfortunately yours are right. The only good thing from this is that previous recipients now potentially have a strong argument for retrospective refunds.

Not all is lost though. with an '01' code it appears loading is allowed and that is what you were doing.
get a written statement or something similar from the dog sitter.

medders2604

Thanks Neil B

How would I find out if loading is allowed??

Neil_B

Well actually it shouldn't matter now.

As they haven't suggested you contravened any loading restriction a) there probably aren't any and b) they can't say so after the event anyway.

They will argue, as is standard for Councils, that the vehicle was observed for x minutes and so properly served.

yeah, fair enough they observed - but once you explain the circumstances they should cancel (which is where most get awkward). This is rubbish. Loading takes the time that loading takes unless specifically time limited i.e. london red Routes.
Ancillary tasks in association with the loading taking place are permitted according to DfT Guidance. Although not statute it would likely be upheld at ultimate recourse to an Adjudicator.
This may include taking heavy objects up staircases, getting paperwork signed, finding the right person, etc. - you get the drift. For you, from what you said. it was clear to me that you had to organise yourself in order to get the dog safely to the vehicle - how to carry, what to carry with, collect dressings and medication etc.

hope it helps. keep informed.

Unstoppable_2

For a vehicle to be classed as loading or unloading, activity must be observed and having no activity for several minutes as you've mentioned means you cannot be classed as loading or unloading.

TheBogsDollocks

I agree with Neil.....you can claim the loading exemption. They may have observed you for 3 minutes and may ask why they did not see you in that time but that can easily be explained. Most Traffiic Regulation Orders do not limit the time taken for loading, they simply say "so long as may be necessary". Councils don't tell you this though.

In support of your claim I advise getting a letter from the dog sitter and vet explaining that the dog would need to be carried. Failing that produce receipts for vet bills. I cannot see an adjudicator ruling against you on this so long as you can provide supporting evidence.

Neil_B

Heads up Medders. More info.

DfT Operational Guidance.

8.56 Loading or unloading must be continuous while the vehicle is parked in
restricted areas. It is therefore important to clarify to CEOs that loading or
unloading includes taking goods to where the recipient may reasonably
be taken to require them in the premises, waiting for them to be checked,
getting delivery or collection documents signed and returning to the vehicle.
Delivery staff are expected to secure their vehicle when they are not with it
and a vehicle can legitimately be locked during some of these stages. Once
the delivery process is complete, however, the driver must move the vehicle
even if it is within the maximum period allowed for loading or unloading.

Just remembered that the last Salford PCN I saw was one of the earlier flawed ones. Guess what the issue was in the case though!!!! Yep, identical to yours - loading!

Salford initial response was intransigent and case is being fought further. be prepared for a not very helpful Council!
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