fined for stopping in loading bay

AJ16

On the 6th Feb I was ticketed by a local authority parking enforcement person a week ago. There are fairly new parking restrictions and I didn't realise that I was in a loading bay, I was observed for 5 minutes and got a £35 windscreen ticket. My 7 seater was parked across the road from my office, to appeal the ticket you need a delivery note, as it was my office premises I did not have one, I told them this and they have dismissed it as a reason and they now want £70. They wrote " I note from your email that you are unable to provide any form of evidence to prove that loading/unloading activities were taking place".

There loading bay in question does not have any times on the small sign on the post, it just says loading only, no times. In their letter they refer to the government phrasing for contravention code 25 "Parked in a loading place during restricted hours without loading (non goods vehicles)" Should they be showing the loading restrictions on the sign?

What's the best course of action now? Should I write a letter from my own company on headed paper to say that I was loading during the 5 minute period?

k3lvc

AJ16 wrote: »

What's the best course of action now? Should I write a letter from my own company on headed paper to say that I was loading during the 5 minute period?

And perjure yourself when they dig out footage showing nothing of the sort :rotfl:

pappa_golf

did you "deliver" yourself to the office that morning?

Coupon-mad

k3lvc wrote: »

And perjure yourself when they dig out footage showing nothing of the sort

What footage would that be then? This is not CCTV. Councils are not allowed to use it for that.

The OP says they were ticketed by 'a person' therefore I read this as a windscreen PCN.

The OP does not say anywhere here that they were not loading, bringing bags or papers into the office, so why do you think they are lying? I don't.

Did you know that CEOs must observe for a minimum of five minutes, to exclude the possibility of loading/unloading activity, but that if the driver can show that this activity was occurring then the PCN will likely be cancelled at NTO stage? Loading and unloading can reasonably take up to 20 minutes and there is no reason why a CEO would see the driver in a mere (bare minimum...typical for Councils) five minutes observation, if the premises include stairs or a lift or doors that are locked, etc.

Most Council PCNs are issued by chancer CEOs employed by private firms, who have no real idea or care about the actual stated rules in the Traffic Order applicable to any road/bay.

IMHO, from reports on pepipoo forum where these baseless Council PCNs are beaten almost all the time, most PCNs can be cancelled at Adjudication. If more people knew this, and didn't get swayed by the carrot of the 'discount', the entire house of cards of Council 'parking fines' would collapse.

Should I write a letter from my own company on headed paper to say that I was loading during the 5 minute period?

Yes, at NTO stage, when it arrives. Not in reaction to the usual rejection of first appeal.

Wait for the NTO, assuming I am right and this was a windscreen Council PCN and you are the keeper.

AJ16

Thanks Coupon Mad, yes it was a windscreen PCN and I am the keeper.

Their Notice of Rejection of Representations letter says " This letter is served as a formal Notice of Rejection of your representations ", yet it also says "'without any additional evidence I cannot accept your appeal", so I'm wondering about sending a letter from the company confirming the loading activity.

I have looked at the Contravention code 25 but it's weighty technical wording and people using high street loading bays can hardly be expected to know about it. Surely the council should be at least putting loading bay restrictions on the sign?

After the event I found information on their website about parking, but again it should be on their signs surely?

Coupon-mad

it also says "'without any additional evidence I cannot accept your appeal", so I'm wondering about sending a letter from the company confirming the loading activity.

Yes you could do, and what would be great, is if the Council replies that they 'cannot' consider more than one appeal submission pre-NTO stage.

You actually WANT them to say that, because it's not true, and it adds 'procedural impropriety' to your NTO appeal!

Quentin

Take this to pepipoo for best advice


This forum majors on private parking invoices rather than "proper" council tickets

AJ16

Ha, the council just wrote back and said that the letter is insufficient evidence for the PCN to be cancelled. It was on company headed paper and with a company director's signature.

nosferatu1001

You will need to go back to pepipoo and upload a copy of their response. Your paraphrasing will not be sufficient.

The_Deep

I believe that about 60% 9f LA PCNs are cancelled at appeal.

Coupon-mad

Yes but most are turned down at first appeal, because the Council can, so this is expected.

Then the win rate on pepipoo at NTO or Adjudication stage is well over 90% won in the end.