Advice for a PCN please!

TrickyWicky

Coupon-mad wrote: »

And finally that's not a no-entry road so vehicles can be there under various circumstances, so as you are no doubt aware, it's not always as cut and dried as a 'pedestian road' may sound.

So just out of curiousity, how would you describe a "No vehicles except taxis" order then if its not no entry?

I'd say its pretty clear. Unless you're a taxi, its no vehicles past the sign.

How Alexis on pepipoo claims it permits entry 24/7 I've no idea.

Tripledrop

Well according to those more knowledgeable than me:

The alleged contravention did not occur. The only parking restriction shown on that sign is a restriction on 'waiting/parking at anytime' which is an 01 NOT an 02

TrickyWicky

Except that you were in there during a 'no loading' time - loading was only permitted between 4am-11 so as I've mentioned previously, it is technically correct. Then you've disobeyed a vehicle prohibition order. As I've pointed out previously in this thread, some of the answers provided there in your topic were from people who hadn't a clue. Alexis even suggested that the sign permitted you access 24/7 when it clearly displays a no vehicles sign!

Appeal it anyway but frankly I don't like your chances. If it were me, I'd appeal it purely on the basis that the CEO issued a ticket to a moving vehicle but proving that could be tricky.

Tripledrop

Again I don't pretend to understand fully, but it seems that they have claimed (02) I was either parked or loading, and I was doing neither. If they wanted to claim I was waiting, then they should have used a different code (01)?

I could be wrong but that's what I understood...

TrickyWicky

Thats what they're trying to suggest however 02 also covers waiting.

Basically the logic is like this:
If 01, no waiting is in force it means you can't pull up and wait or park.
If 02 then you can not even load or unload along with no waiting or parking.

Thats why you will always see no loading restrictions only in areas where there are also yellow lines.

In both authorities where I worked, during a loading ban, we always issued 02 even if there were double yellow lines because 02 is more serious than 01 and it's in force keep the area clear except picking up/dropping off passengers. If you were waiting for your partner in an area where loading was not permitted then you were in breach of code 02. The only time you wouldn't would be between 4am and 11am where you would be in breach of 01 instead because loading is permitted at those times.

Picking up / dropping off passengers is defined as the passenger already being stood there waiting (not inside and making their way out which could take 5 minutes) or getting straight out of the vehicle. As I've said previously, you said that the officer spoke to you and told you that you could not wait there. This indicates that you were not on private land so accessing 'off-street' premises does not apply. Using that (as advised at pepipoo) as your defence would be pointless.

I will point out that CEOs normally only deal with stationary traffic and not moving traffic however the TMA did introduce the ability for local authorities to serve a PCN by post where there is a 'VDA' (Vehicle Drive Away) and the officer was prevented from issuing so you may wish to give this some extra thought. That said if the officer has said to you that you couldn't stop there and you have moved away, then his job was done and he has acted vexatiously by then proceeding to send a PCN.

Coupon-mad

Tripledrop wrote: »

Again I don't pretend to understand fully, but it seems that they have claimed (02) I was either parked or loading, and I was doing neither. If they wanted to claim I was waiting, then they should have used a different code (01)?

I could be wrong but that's what I understood...

Tripledrop you know that the people on pepipoo DO think your chances are good. See it through to adjudication if need be, I reckon.

Tripledrop

Just an update, and a positive one!

I recieved a letter last week apologising for the delay in responding and confirming that the PCN had been withdrawn!

Thanks for any help given!