Got a ticket while loading, what are my chances with an appeal?

Charliezoo

This is the first time I've received a ticket and would be grateful for any
advice.

My friends live in a flat above shops on a High Street and I had to deliver several heavy boxes of stuff to them. I parked in a bay right outside their front door which stated '20 mins max Loading Only' and loaded all the boxes into their hallway. I then locked up my car and proceeded to carry the boxes up two flights of stairs to their roof terrace, returning to my car in just over 5 minutes. By this time I had a blimmin' ticket on my windscreen!:mad:

I saw the traffic warden walking away and asked her to explain why on earth she gave me a ticket and she explained that as she had not seen any loading activity for over 5 minutes she was entitled to fine me.

There was nothing on the sign to suggest that being away from the car for over 5 minutes whilst loading would be an offence. I'm annoyed because if I had just taken one box at a time from my car rather than put them all in the hallway she would have seen I was loading and I probably wouldn't have got the fine at all.

Have I got good grounds to appeal this? It seems so unfair that I was genuinely unloading stuff from my car. My friend's are more than happy to write and confirm this.

I'd appreciate any advice.

Coupon-mad

Although I agree from your post you appear to have been loading - the thing is the CEO's notes will say you weren't...do you have proof/receipts for the items?

Sometimes there are grounds to appeal a PCN on a basis which isn't that obvious but may be more successful than or add weight to an appeal based on what you have said about loading. Appeals with extra weight can include wrong wording of the PCN, non-compliant bay lines and end markings or the size of the bay, non-compliant signs, the TRO held at the Council offices not matching the signs in the street, etc.

Anyhoo, to check out your case, people would want to see BOTH SIDES of the PCN (remove ID details but not dates), including all the small-print even if it looks like standard blurb.

And if you can get photos of the lines and signs in daylight, inluding the end markings of the bay as well as the markings where you parked?

Please post the pics and scans up here on this thread, following the guidelines in the 'how to post images' sticky. If you cannot post full links then post everything except the 'http://' which we can then add.

Final advice would be to post your pics and thread on pepipoo.com here as they have many more experts than here (they are a motorists fightback forum and have seen off many a PCN in their time, including those issued for loading bays):

http://forums.pepipoo.com/index.php?showforum=30

You'd have to wait for responses over a period of days on either forum - due to the most helpful & knowledgeable people being the busiest people at work, etc - so make sure you post the info in good time, allowing for you to appeal before the deadline.

HTH

DaveF327

Terribly unlucky. Especially since you were genuinely loading.

Officially, the council will say "you should have moved your car after unloading the last box before taking them up the stairs", but it would be interesting to hear what the parking adjudicator says.

biscuitdunker

That would be a little unfair of the council though, considering people are allowed up to 20 mins to load/unload their stuff.

Enfieldian

I received an NTO from Enfield Council for parking in a loading only zone.

I challenged it on two counts

1) I was loading/unloading (Well the only thing I loaded and unloaded that day was myself!)
2) The PCN was not issued correctly, as it was not attached to the vehicle (not shown in photo) and not handed to driver.

Enfield Council ignored 2 but asked for a copy of a delivery note or similar.

One Google image search for "delivery note template", printed off and a quick letter later and the PCN was cancelled.

cream70

Obtain witness statements from your friends for your appeal.
The council will probably reject your appeal,Patas will allow your appeal.

peter_the_piper

Enfieldian wrote: »

I received an NTO from Enfield Council for parking in a loading only zone.

I challenged it on two counts

1) I was loading/unloading (Well the only thing I loaded and unloaded that day was myself!)
2) The PCN was not issued correctly, as it was not attached to the vehicle (not shown in photo) and not handed to driver.

Enfield Council ignored 2 but asked for a copy of a delivery note or similar.

One Google image search for "delivery note template", printed off and a quick letter later and the PCN was cancelled.

To actually lie to a council is certainly not to be recommended, by all means use their inadequacies against them, there are very hefty penalties if caught out.

Enfieldian

"If" being the operative word here.