Parked in a restricted street during prescribed hours

RealNervous

i will do thank you, i'll appeal it anyway, and if i have to pay, so beit, unfair as it is. lifes just too complicated for me, i thought i was pretty good at road signs, rules and regulations.

like i said before i would never park somewhere i could get in trouble for, its just not worth the risk!

thank you all...

i would still appreciate any further advice from anyone that may be able to help.

Neil_B

You do not need pics. Signs are irrelevant. There are DY so there will be no signs as the contravention confirms there is no loading restriction.

As for CEOs not having to observe for a while to check loading. Yes they do. It would easily be found to be unreasonable if they didn't. This will be revealed in the CEOs notes which you should ask to see when you make an informal challenge.

Notwithstanding that. People misunderstand 'loading'. It takes what it takes and Councils frequently lie about it or don't understand themselves. Even if a CEO observed no loading for a period of say 5-6 minutes, it does not mean you are not loading. At that boot sale it would have been a hike across the field to find your friend. Once you make the statement that you were loading any PCN issued (which may indeed have been reasonable at the time) should be cancelled. good that you can offer witnesses but my personal feeling is that Councils should take peoples' word anyway rather than assume us all liars. The poetntial fine for lying on an appeal is £5K. The fine for a Council acting intransigently and refusing appeals in many cases unreasonably is - ZERO.

although not Statute, DfT Guidance on loading covers your case. IMO it is strong and accurate Guidance.

---

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.

Neil_B

when, as likely, rejected make sure you show us the rejection letter so i can check for their famous little faux pas.
-

worried_jim

RealNervous wrote: »

its still not allowing me to add a link as i am a new user.

thank you anyway.

pm me the link and I'll post it for you

RealNervous

i will do Neal B, thankyou so so much.

worried jim, how do i pm you the link?

worried_jim

if you cut and paste the image link from photobucket into a pm, i'll try and post for you asap. it will look something like this-

[I M G]http://i570.photobucket.com/albums/ss142/wjim/spam.jpg[/IMG]

b3nton

Shocking, I'd fight this all the way!

RealNervous

worried_jim wrote: »

if you cut and paste the image link from photobucket into a pm, i'll try and post for you asap. it will look something like this-




hiya, i finally worked out what you meant by pm.....lol! i hope it worked.

RealNervous

Neil_B wrote: »

You do not need pics. Signs are irrelevant. There are DY so there will be no signs as the contravention confirms there is no loading restriction.

As for CEOs not having to observe for a while to check loading. Yes they do. It would easily be found to be unreasonable if they didn't. This will be revealed in the CEOs notes which you should ask to see when you make an informal challenge.

Notwithstanding that. People misunderstand 'loading'. It takes what it takes and Councils frequently lie about it or don't understand themselves. Even if a CEO observed no loading for a period of say 5-6 minutes, it does not mean you are not loading. At that boot sale it would have been a hike across the field to find your friend. Once you make the statement that you were loading any PCN issued (which may indeed have been reasonable at the time) should be cancelled. good that you can offer witnesses but my personal feeling is that Councils should take peoples' word anyway rather than assume us all liars. The poetntial fine for lying on an appeal is £5K. The fine for a Council acting intransigently and refusing appeals in many cases unreasonably is - ZERO.

although not Statute, DfT Guidance on loading covers your case. IMO it is strong and accurate Guidance.

---

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.

Hiya again, you obviously know your stuff! help me out a bit with the abbreviations please? DY? CEO (clearly means the ticket attendant, but what does it actually stand for)? and IMO? Dft (Department for Transport)?

Thanks again.

anniecave

civil enforcement officer ?
DFT is dept for transport
In my opinion