Parking in a "Loading Only" parking space

barafear799

Hi

I received a PCN yesterday for parking in a space marked "Loading Only". It does not show any time restrictions. I (stupidly) assumed that it was ok to park on a Sunday. It is a space outside a row of shops - none of which are open on a Sunday. It is a parking space offset from the "main road" so would not cause any sort of obstruction to traffic.

I wasn't loading - I just assumed it was non-enforcable on a Sunday.

Do I have any grounds for appeal?


Also, on a separate but related note - having checked the local council's website, I fail to see any mention of the level of fines for PCNs. My fine is £70 (or £35 if paid within 14 days) - it seems quite high - is parking in a loading bay a "higher level" offence?
Should the council show these charges somewhere?

many thanks

king100

Did you check the sign as should state times when enforceable.

Post a copy of the PCN and also pictures of the bay as these might be not be correctly filled out.

Please take personal details off picture.

barafear799

Thanks for the reply - at the mo - having some probs getting a camera and scanning the image in.

suffice to say, the sign did not have any times at all - it did not say "at any time" - all it stated was "Loading Only".

However, I made the assumption that it must refer to business hours as it was outside a small row of shops - all of which were shut when I parked there on a Sunday.

It can also be argued that it is within a special zone of the town that the district council state on their website -


There are, however, some areas where the Department for Transport has given special permission for a Restricted Zone to be put into place and waived the requirement to comply with the TSRGD 2002.
These Zones are marked at the entry points, but do not have the normal yellow lines on the side of the road. Motorists should make sure they read the entry signs.


my query really was that if a restriction is applicable for 24/7, does the sign need to state this - or does the absence of any times mean that it is 24/7???

Many thanks

DaveF327

barafear799 wrote: »

my query really was that if a restriction is applicable for 24/7, does the sign need to state this - or does the absence of any times mean that it is 24/7???

Yes.

The signs to which you refer (controlled parking zones or CPZ for short) state part-time waiting restrictions. Full time ones are indicated by double yellow lines.

As for loading bays, if the signs say LOADING ONLY EXCEPT SUNDAYS, then your assumption would be correct. If you see the sign without reference to days and times, then the restriction applies all the time. Businesses can load goods even when they're not open.

barafear799

thanks Dave.

The last part of your message was pretty much the gist of it (although the sign actually said "Goods Vehicles Loading Only") - no reference to times or days. I assumed that Sundays/BHs were exempt - I was obviously wrong - I assume my ignorance (stupidity) is not grounds for an appeal? There were no double yellow lines in the loading bay. There are double yellows on either side of the loading bay.

DaveF327

barafear799 wrote: »

The last part of your message was pretty much the gist of it (although the sign actually said "Goods Vehicles Loading Only") - no reference to times or days. I assumed that Sundays/BHs were exempt -

That question is best answered by comparing this sign: with this one:
The other nail in the coffin of your defence is that only goods vehicles are allowed to load there (regardless of permitted times), so a regular passenger car does not qualify even if you convince a traffic warden you're "loading".

I assume my ignorance (stupidity) is not grounds for an appeal?

Ignorance of the law is no defence. Of course, feel free to post your PCN so that the legal eagles on here may spot procedural improprieties which may get the case thrown out. That's pretty much your only hope under the circumstances.

There were no double yellow lines in the loading bay.

There doesn't have to be. Yellow lines indicate a waiting restriction. Loading restrictions are indicated separately. In this case, the key word is "only";

on·ly [ohn-lee] –adverb
1.without others or anything further; alone; solely; exclusively
2.no more than; merely; just:

barafear799

sorry for my lack of expertise - I have a scanned image of the PCN - but I don't know how to get it onto here - any advice please?

Orford

barafear799 wrote: »

sorry for my lack of expertise - I have a scanned image of the PCN - but I don't know how to get it onto here - any advice please?

Image posting guidfe here:
https://forums.moneysavingexpert.com/discussion/1690399

barafear799

http://i46.tinypic.com/sl1dl3.jpg

http://i48.tinypic.com/20hr98w.jpg

Grateful if someone can come up with something for me to get out of paying for my act of stupidity/naivety or the warden's eagerness for ticketing me on a Sunday in a quiet town (where most parking is free!!!) .


Many thanks

PS: Hope I've done the upload ok - as you can tell from my previous posts, I wasn't really sure!!!

Coupon-mad

OK I am not a PCN expert but I am thinking that the back of the PCN should contain this info and I can't see all of it on your PCN (is the bit in bold on the PCN, is there another page re appeals?):

QUOTE
(2) A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information—
(a)that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and
(b)that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—
(i)those representations will be considered;
(ii)but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.
QUOTE

See Bogsy's reply on this pepipoo thread, which is where I got the quote from:

http://www.pepipoo.com/forums/lofiversion/index.php/t49014.html

If you post your thread on pepipoo.com forums here I think they can help you if there is an appeal for you here. I am not sure if I am correct but it's worth me posting this possibility and the link to the right pepipoo board to post on. Register, read the stickies and then post here:

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

They will want to see some pics of the bay lines and signs as well if you can get them. There may be non-compliance there.

HTH and good luck!

Coblcris

The PCN is non-compliant with the quoted regulation.