PCN Contravention Code 01

kevinheb

Received our third PCN in as many months, just loading our vehicle outside our shop. What seems so unfair is that people on the street day in day out but they never seem to get a ticket, I think they see small businesses as an easy target.

No loading on this stretch between 8am and 9.30am

Would be extremely grateful if anyone could explain a way to avoid paying this ticket

Neil_B

PCN is all pukka.

Explain loading please? Legitimate exemption and they are alleging you parked - not saying there is a loading restriction - which is odd?

Got a pic of signs? Might fight this on wrong contravention description.

TheBogsDollocks

I don't think the PCN gives you the contravention time as required by S.I. 2007/3483 under the schedule, paragraph 1(d).

They give you the observation times but this is only recomended to be included on the PCN and is entirely separate from the actual contravention time which is usually the time the PCN gets printed.

Neil_B

TheBogsDollocks wrote: »

I don't think the PCN gives you the contravention time as required by S.I. 2007/3483 under the schedule, paragraph 1(d).

They give you the observation times but this is only recomended to be included on the PCN and is entirely separate from the actual contravention time which is usually the time the PCN gets printed.

Oooops!

Do you mean contravention date? In which case, yeah good spot.

I think though, that he's just chopped the images and it got cut out? Maybe?

I should have noticed.
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kevinheb

Yes, Neil you are right, there is a date and time of contravention, 08:33 on 26/01/09

There is a yellow sign on the pavement adjacent to the double yellow lines that states no loading between the hours of 8 - 930am and sometime in the afternoon

Neil_B

I'm trying to get my head around that contravention code issue. I may be wrong so need to check.

Neil_B

Had a chat about this last night. Still unsure if I'm right! LOL.

On the face of it, wrong description of contravention - and yet if you were observed for a long time not loading (which may be more than the PCN says) then it is correctly issued as 'parked'.

It would normally say 'loading/unloading or parked where restrictions -- blah blah'.
In this particular case the onus would be on you to prove loading and the contravention code argument is a difficult one to make stick. Even when you prove loading - you are still in contravention. i doubt in the circumstances that would invalidate the PCN.
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kevinheb

So it's probably best to pay it?

Neil_B

I think you probably will end up paying this one.

You could try an informal appeal - they don't have to extend the discount period but on the back they say they "generally" will.

Have no idea how to word this one!