so very very confused need help/advice

Amiz87

Hello All,

earlier today i popped into town whilst on my lunch break and went to tesco's.

on my way back through the high street i pulled up to a single yellow line (as all the parking bays were filled) to drop 2 black bags of shoes and clothes of to the charity shop (10 yards away from where i had parked). I literally was under 2 minutes possibly even 1 minute. upon my return there was a traffic warden standing by my car (chatting to his friend) i run back to the car and he said" its already been printed" and i looked and saw indeed paper was coming out of the machine, but my instincts kicked in and i got into my car and drove off.

now i have a couple questions, apart from how did he seem to appear to bloomin quickly!

1. is the ticket still legal if the warden does not issue it to you or stick on your car. some websites say no and some say yes.
2. is there no grace on single yellow line for unloading/loading
3. i also read somewhere that if the yellow line does not have the T bar at the end its not considered a legal line. this yellow line just stops at the parking bays.

any help and advice on this would be appreciated.

Amy x

Sirdan

Sound like you have excellent grounds for an appeal ...over 60% of apeals re council tickets are sucessful.

Visit this site and register as a user so you can post there for advice :-

http://www.pepipoo.com/

then post your question in this forum :-

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

esmerobbo

As well as the lines were there any yellow strips on the kerb and any signs advising of loading/unloading times. As advised post all info on Pepipoo!

Coupon-mad

Amiz87 wrote: »

Hello All,

earlier today i popped into town whilst on my lunch break and went to tesco's.

on my way back through the high street i pulled up to a single yellow line (as all the parking bays were filled) to drop 2 black bags of shoes and clothes of to the charity shop (10 yards away from where i had parked). I literally was under 2 minutes possibly even 1 minute. upon my return there was a traffic warden standing by my car (chatting to his friend) i run back to the car and he said" its already been printed" and i looked and saw indeed paper was coming out of the machine, but my instincts kicked in and i got into my car and drove off.

now i have a couple questions, apart from how did he seem to appear to bloomin quickly!

1. is the ticket still legal if the warden does not issue it to you or stick on your car. some websites say no and some say yes.
2. is there no grace on single yellow line for unloading/loading
3. i also read somewhere that if the yellow line does not have the T bar at the end its not considered a legal line. this yellow line just stops at the parking bays.

any help and advice on this would be appreciated.

Amy x

You were unloading which is an exemption on yellow lines for a limited time (as long as it takes to load/unload, but usually up to 20 mins tops).

As esmerobbo says, did the kerb edge have yellow stripe 'blips' on it and a restriction against loading sign? Even if it did then pepipoo will help you sort out an appeal.

And chances are, because you drove off the Council may try to pretend you didn't, by sending out a Notice to Owner in a few weeks claiming that a PCN 'was served'. Then they are stuffed because you can truthfully say, to the adjudicator if need be, that the PCN was never served.

Amiz87

Just an update guys, thank you all for your help.

Recieved my PCN this morning and it says on there "but the vechicle concerned was driven away from the place in which it was stationary before a civil enforcement officer had finished preparing the penalty charge notice of had served as stated above"

the main part of my appeal was going to be on the grounds that they did not serve it to me, but from what they have wrote its clear they already know that but have still issued it anyway.

Can i still appeal?

oh and in answer to the question above there were no markings on the curb, so does that mean im allowed to unload?

my car was observed from 13.04-13.06 i cant have been there more than 90 seconds surely thats ok for unloading.

also a quick question if i appeal and lose, do i then get 14 days to pay at the reduced rate as really cant afford to pay £110 at the moment.

Inflatable_Armadillo

I still think your best defence is that your were indeed unloading and unless there are unloading restrictions, indicated by kerb markings, then you are probably in the right and the CEO is wrong.

You need to go back to the spot and take pictures of the location you were parked and any signs that state the details of the yellow line restriction.

If the CEO has issued for a ticket when you were clearly unloading and you are indeed allowed to unload, then that should be grounds for a possibly successful appeal on it's own.

If there are loading restrictions, then people can give advice on this matter once we know what you are dealing with.

Amiz87

thank you again for your help.

I went back to the location today (mossford green, Barkingside, as per google street view) and noted that its a single yellow line (no kerb markings) and has one sign
that says Mon-Sat 8am-6.30am with a blue circle and a red cross through it.

so am i right in thinking that as there was no kerb markings that means i'm allowed to unload?

also if i request photo evidence and they cannot provide it is that enough to cancel the PCN. is there any templates for requesting the photo evidence as i don't want to write the wrong thing and admit to the charge

Sirdan

Amiz87 wrote: »

thank you again for your help.

I went back to the location today (mossford green, Barkingside, as per google street view) and noted that its a single yellow line (no kerb markings) and has one sign
that says Mon-Sat 8am-6.30am with a blue circle and a red cross through it.

so am i right in thinking that as there was no kerb markings that means i'm allowed to unload?

also if i request photo evidence and they cannot provide it is that enough to cancel the PCN. is there any templates for requesting the photo evidence as i don't want to write the wrong thing and admit to the charge

Not sure where the burden of proof lies here ...hopefully someone can clarify that.
From the CEOs point of view if he didn't see you unloading ,all he saw was a parked car on a yellow line ,so he is right to issue a PCN.
Also it is likely that he and his employers don't class carrying a bag or two as "unloading".
I'm not sure what the actual definition of unloading is in these cases ..if you put a bag , any bag, in the boot and then stop and get it out ..is that unloading ?
Some Councils definitely take the view that legitimate unloading means of items which are too large/heavy to easily carry from the nearest available parking space ...I suspect this Council may reject your appeal on this basis ....only the Adjudicator could rule who is right / wrong.

An Adjudicator has already ruled that the missing T-bars alone do not invalidate the PCN :-

http://www.appealnow.com/parking-tickets/Missing-T-Bar-Minier-case/


Still worth an appeal though as stated previously use Pepipoo.com

Inflatable_Armadillo

Ok, looking at the Google Street view then I think you have the CEO banged to rights!

http://maps.google.co.uk/maps?q=mossford+green,+Barkingside&hl=en&ll=51.588585,0.080549&spn=0.000322,0.002411&sll=53.800651,-4.064941&sspn=10.989506,39.506836&vpsrc=6&t=m&z=19&layer=c&cbll=51.588696,0.080001&panoid=TuhsCvZI8365K2UXx_2SEA&cbp=11,255.69,,2,4.68

I assume you parked towards the bottom end of Mossford Green near the A123?

If so, single yellow lines and no loading or unloading restrictions.

You dropped off some good into a charity shop and that is indeed unloading, you were only two minutes, so that would hold up with your claims!

So, unless you actually just nipped to the cash machine and the CEO has pictures of you leaving the car without your charity shop 'load', then I think you have a case????

I think you should take this over to Pepipoo and let the more experienced posters help with the wording on the appeal.

Amiz87

Thats great thank you.

I have just posted the PCN on their forum and they are working on it now.

Yes you were right i parked at the bottom of the road next to a mcdonalds.

Fingers crossed.

AlexisV

Get a note from the charity shop stating they have received goods from you at the correct date and time.