should we challenge this?

BARGAINHUNTER!

My friend has phoned me this morning to say that he has been given a parking ticket. he is a self employed builder, and had stopped outside the clients house (admitedly on double yellow lines) to unload his materials for the day. He must have been there about 6 mins he recons. Anyway, the lady who owns the house was going to work and he was going to have her parking space. It was only when he came out of the house after taking the last of the materials in that he noticed the ticket on his windscreen. Now, this is the first time that he has had any work for 2 weeks, and is very upset at the ticket, which he thinks is unfair as it was obvious that he was unloading (the doors on his van were open and he recons that the traffic earden must have seen him go in and out of the house with stuff and waited until he was inside to put the ticket on the windscreen.

Sould he just pay up or is it worth challenging? There was no-where else to park nearby and as he was unloading his equipment and materials he parked outside her house.

Many Thanks

Neil_B

What Council? (crucial) and what exactly has he got a PCN for? What contravention?

BARGAINHUNTER!

york and parking on a double yellow line.

Neil_B

BARGAINHUNTER! wrote: »

parking on a double yellow line.

Grrrrrrrr! That isn't what I asked! What contravention is alleged?

Not seen York. Will need to see ALL of the PCN ideally - assuming it is a PCN and not an FPN?
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Neil_B

Neil_B wrote: »

assuming it is a PCN and not an FPN?
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it will be a PCN

Neil_B

Sorry. I forget sometimes that this is all very new to people.

The contravention will be described near the top of the PCN. That is the part I need for the moment. It is crucial.

You may well have a very good chance of success but not without that info.
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BARGAINHUNTER!

Neil_B wrote: »

Sorry. I forget sometimes that this is all very new to people.

The contravention will be described near the top of the PCN. That is the part I need for the moment. It is crucial.

You may well have a very good chance of success but not without that info.
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Im actually going to get it off him tonight so ill let you all know later exactly what it says! Thanks for your help so far!

BARGAINHUNTER!

Ok - I have now got the PCN from my friend. It is for code 01 parked in a restricted street during prescribed areas. As stated above, my friend was parked on a double yellow line whilst unloading his van to start work for a client. there were no car parking spaces in the street, and the ticket says that he was observed from 08.35 to 08.41. He was in and out of the house, and the owner moved their car so he could have their space, which is when he saw the ticket on his windscreen. The van has writing on it so its obvious its a work van and the traffic warden would have seen him in and out of the house and the van doors open! The owner of the house that he was working on is horrified and is willing to colloborate his story.

On the back it says that we can challenge in writing or by email. Do you think its worth doing and if so which way?

Many Thanks!

Neil_B

Ok That's good. I was worried there might be a loading restriction but they are not alleging so.

Go straight ahead and make an informal challege based on the loading exemption. I'll post the DfT Guidance on that in a mo and you can quote it at them if you like - or save it for the formal challenge later.

Specifically include a request for a copy of the CEO's notes. (the warden but say CEO) Ask for details of the complaints procedure as you are considering a complaint against the behaviour of the CEO. (you probably won't but it will worry them).

You could attach a brief signed statement from the resident witness in support.

Be polite but firm. Close with 'In the unlikely event you do not choose to cancel the PCN and issue a Notice to Owner I will be making formal representations and if not accepted am fully prepared to take the matter to the independent Adjudicator.'

(just lets 'em know you mean business)

Neil_B

Ok here ya go >>

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.

That's for info really. You decide at which point you quote it at them.

Not dealt with York before so no idea what they are like. You have a strong case though and witness back up. I imagine they will most likely accept your informal challenge.
Please advise the outcome or developments.

If you find time it would still be useful to see ALL of the PCN. Apart from the possibility that it might help you - I can add it to my database cos don't have a York (it's a bit like collecting ciggy cards LOL).
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best of luck!

BARGAINHUNTER!

Ok - I have drafted a letter. please could you check this and advise before I send it.













Dear Sir

PCN Number XXXXXXX – issued 9 March 2009

I am writing to make a formal objection to the above PCN notice which was issued to my vehicle registration no XXXXXX on 9 March 2009.

I am a self employed tradesman, and on 9 March 2009 I was employed by Ms XXXXXXt, of XXXXXXXX York. Upon arriving at her property at approx 08.30 to unload my materials and commence work , I discovered that there was nowhere to park to enable me to do this. Ms XXX was about to leave for work, and said that I could have her car parking space when she left. I began to unload my vehicle whilst Ms XXXX collected her things together. I was backwards and forwards to my vehicle, which had the boot opened transporting bulky and heavy materials into Ms XXXX house. My vehicle is clearly marked up as being a tradesmans vehicle, and there would have been no doubt to an onlooker as to what I was doing.

Upon returning to my vehicle for the last time at approx 08.40 to remove the last of my equipment, and to move the vehicle into the space just vacated by Ms XXXX, we discovered a PCN notice on the windscreen. Ms XXXX was understandably embarrassed and upset by this, as was I, as I had merely been unloading my vehicle of heavy tools and equipment to enable me to commence work before moving the vehicle into the space just vacated by Ms XXXX. In view of this, Ms XXXX has agreed to fully support me in this objection and to provide a witness statement if needbe.

Admittedly, I was parked in a restricted street during prescribed hours, but I would like to make an objection to the PCN based on the fact that at the time I was unloading my vehicle, and there is no unloading restriction in place. I would like to see a copy of the CEO’s notes concerning this incident, along with a copy of your complaints procedure, as I am considering making a complaint against the behaviour of the CEO and his interpretation of the flowing DfT guidelines –


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.


In the unlikely event you do not choose to cancel the PCN and issue a Notice to Owner I will be making formal representations and if not accepted am fully prepared to take the matter to the Independent Adjudicator.

A prompt response to this matter would be much appreciated.