Parking ticket dropping off passenger

bobgroups

Can anyone advise if it's worth appealing to the following:

My wife was driving and a friend of hers was in the front passenger seat. The friend is registered disabled and has quite bad arthritis in her knees, and this friend recently also fractured her wrist after a fall on a paving slab. Anyway my wife took her friend shopping and dropped her off on a payment next to a shop the lady wanted to visit. My wife has actually dropping this lady off and would resume her journey home afterwards. The lady concerned is in her 60's and took a good couple of mins to open the passenger door and leave the car. After she got out the shop keeper shouted not to park the car there indicating at my wife and said there is a camera . My wife was not intending to park the car but just drop the lady off and she was not aware this was potential issue at this location and all she was doing was dropping someone off. Anyway a couple of days later a ticket from the council has arrived in the post for £65 at reduced rate and double this after 21 days. There are two pictures of the car.
The contravention is : "02: Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions"
The sign outside the butchers shop says "no loading"

Can we appeal on mitigating circumstances?

My wife was just letting down a passenger who did take a couple of mins to get out of the car so it may have looked like she was parked for a few mins on the camera.
Thanks, Bob

Coupon-mad

I think you should post on pepipoo as that's a specialist forum:

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

What you have described is stopping to let someone alight (but stopping is the same as parked, both are 'waiting' even if the driver is still in the car, engine on).

Boarding/alighting is usually exempt on a double yellow line BUT this sounds like a double yellow with yellow kerb blips. Means no stopping/loading at all.

But I would ask on pepipoo and show them both sides of the PCN in case there's a technical 'out' such as a dodgy PCN. There are also additional appeal points you can make about the use of CCTV cameras to enforce parking restrictions, read here first:

http://forums.pepipoo.com/index.php?showtopic=62696

That's an excerpt from the Chief Parking Adjudicator which mentions 3 different things people have used and won, at adjudication. It's not a cert but it's a start and you may as well ask on pepipoo for advice anyway.

TrickyWicky

Code 02 doesn't rule out letting passengers alight. It's goods loading activity only that it rules out. You're perfectly entitled to let someone in/out of the vehicle as long as you then move straight off irrespective of the double/single kerb markings.

You'll need a statement fom the disabled person to confirm that they were there and slow getting in/out of the vehicle (well you don't need it but it will certainly help).

bobgroups

Thanks TrickyWicky for your reply - this should really help my case. Should I appeal on email or a proper letter in the post not sure if it makes a difference - we can certainly get the passenger to write a letter confirming she was the passenger. Just curious is there any time delay that equates to being parked. I am wondering if there is a guy watching the cctv camera and timing how long the car would have been stationery for.

However I also did a quick search on the net for Traffic Management Act 2004 code 02 and saw the following

"
I was only there for two minutes.

There is no requirement for a civil enforcement officer to wait for any period before issuing a PCN. In some cases a PCN may be issued instantly if the vehicle is parked on a loading ban, bus stop, footway, resident’s bay etc.
PCNs are often issued to vehicles parked on a loading ban – this will be shown by the contravention code ‘02’ on the PCN. This restriction is indicated on street by kerb chevrons in addition to the yellow lines on the carriageway and applies during the hours on the white time plate nearby. Under such conditions parking, loading and unloading are all prohibited and, as such, you cannot challenge a PCN unless exceptional mitigating circumstances apply.
If loading / unloading is permitted or there is provision to pick up or set down passengers then the civil enforcement officer will observe the vehicle to see if any of these activities is taking place. If you were carrying out loading then the onus is on you to provide evidence that loading / unloading was being carried out."



Does this mean I can't challenge the PCN ?

Thanks,
Bob

bobgroups

Thanks I'll check out the specialist forums as well

TrickyWicky

Download this:
http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/documents/digitalasset/dg_070563.pdf

Look at the 3rd page:

Loading restrictions on roads other than Red Routes
Yellow marks on the kerb or at the edge of the carriageway indicate that loading or unloading is
prohibited at the times shown on the nearby black and white plates. You may stop while passengers
board or alight. If no days are indicated on the signs the restrictions are in force every day including
Sundays and Bank Holidays.

Under the DPA you have the right to see the video from the camera. Ask for your copy of this (they must give this to you as you have the right to see evidence against you). I'd also suggest you show them this part of the highway code on the direct.gov website.

I very much doubt that once they review the video themselves that they'll pursue you.