help for a new member please

kelby299

hiya, i hope i do this right.

i recieved a postal ticket a couple of days ago from barking and dagenham council, for stopping/loading/unloading in a no loading area.
The problem is, my wife is disabled, and i was under the impression from the book you get with the badge(which i can't find now), that i could stop on these signs to drop her off.

i literially stopped for 3-5 minutes to get her out the car, and onto the pavement, then drove straight away.

Also, the ticket they have sent me says what i have done wrong, but does not quote a contravention code number, does that help?

please have a look at the following and i would love to hear your advice!

kelby

front:




reverse:

Neil_B

1/. where is the rest of the PCN? it's a legal document.

2/. You are exempt for boarding and alighting including assistance where required. Given this is required to have been viewed in real time the CEO cannot have failed to notice this. IMO serious abuse of CCTV enforcement and apart from anything else I would be questioning the training of that CEO!
The loading restriction does not affect this.

3/. Code is irrelevant.

On 2/. Backed up by key PATAS case. Let me know if you want to read it.
-

kelby299

yes please neilb, that would be great.

regarding the rest, sorry forgot the second page, here it is:





So i was right in thinking i can stop to help my wife out?

and the code does have to be stated?

thanks

kelby299

Neil_B

kelby299 wrote: »

yes please neilb, that would be great.


So i was right in thinking i can stop to help my wife out?

and the code does have to be stated?

1/. PMd

2/. yes

3/. No as I said code number is irrelevant. The legal requirement is to accurately describe the contravention.

kelby299

Thats great Neil just what i needed to hear!

can i be cheeky and ask if you know what regulation the alighting exemption is part of, so i can take ectractions and have a read before i post off this appeal?

thanks

kelby

Neil_B

kelby299 wrote: »

Thats great Neil just what i needed to hear!

can i be cheeky and ask if you know what regulation the alighting exemption is part of, so i can take ectractions and have a read before i post off this appeal?

thanks

kelby

If they exist then 'BogsDollocks' is more likely to know - better than me with signs.

I have a suspicion that it is not so much a case of there being a written exemption but more that the written description of the restrictions do not specifically prohibit boarding/alighting.
This is borne out by the PCN description of the alleged contravention - quite simply, 'no contravention occurred' because you were neither waiting or loading as they allege.

It is so widely known by Councils and certainly the Adjudicators that there really is no need to quote anything.

Still riled at that CCTV operator and apparent lack of training! I'd be wanting to make a comlaint to the Dis Discrim Officer but IME anything originating from parking enforcement gets diverted back to them! (ridiculous).

Did that link work by the way - I'm assuming you read the case as specific to your situation?
-

Neil_B

See if this works - for everyone's info really. Last part of ruling could not really be more applicable to this case.

"It is, however, very surprising that the Council did not recognise the circumstances for what they were. Had it done so, this matter should never have needed to get as far as an appeal. I allow this appeal."

IME, that's about as serious a slap as they ever give Councils.

kelby299

Yep, that link work perfectly thanks.

I was just hoping there was something "concrete" to quote at them, Its easy to end up waffling about being disabled, rights etc and you end up sounding like you are asking for a favour!

TheBogsDollocks

For the exact wording of the boarding and alighting exemption you will need to see the Traffic Management Order that created the No Loading restriction in Station Parade. The TMO can be viewed at the council offices if you phone in advance and arrange to see it.

Usually the exemption is worded similar to this

general exemption from prohibitions and restrictions

Nothing in Articles 82, 83, 84, 90, 91, 97, 101 and 102 shall render it unlawful to cause or
permit a vehicle to wait in a restricted road or parking place, for so long as may be necessary
to enable
a) a person to board or alight from the vehicle or to load thereon or to unload therefrom

personal luggage;

I advise viewing the CCTV footage to see exactly what it did capture. When you submit your appeal make sure you provide a copy of both sides of the blue badge and a letter from your wife cinfirming that you were assisting her in alighting.