Period of validity

Missaver

Regarding the reference to the TSRGD, I'm not quite sure how to incorporate that, as I couldn't find the real meaning from within for DYL  Also, the PCN does not mention any offence relating to the DYL, I was only pointing out where the car was parked..

Coupon-mad

OK, how about using a decent Local Authority summary talking about what's exempt and the CHART guidelines (I am not not saying a PPC has to abide by them but the point is to show that this is what proper DYL rules look like):

https://www.york.gov.uk/LoadingAndUnloadingRestrictions

The circumstances we will consider are set out in the 'CHART' guidelines:

• Continuous
• Heavy goods
• Adjacent
• Reasonable
• Timely

Missaver

Appreciate the advice Coupon-mad, but I'm worried about focusing too much on DYL, as they mean 'No loading or unloading at any time'.  Even though there are no road signs there indicating this and the car was parked off the road on the pavement with drop down kerb, not on the DYL.  I also found google streetview picture from a few years ago, there were no DYL along that small section of the kerb then and no rising bollards in place.  So the DYL must have been painted alongside the drop down kerb later on, AFTER the rising bollards were installed too.  Would this make a difference to my WS?

In any case, wouldn't Jopson vs Homeguard be the overriding argument here?  Thanks,

Coupon-mad

I'm worried about focusing too much on DYL, as they mean 'No loading or unloading at any time'.  

Errrm...no they don't - DYL are there for loading/unloading.  That's the point. 
Exact opposite of what you think!

 wouldn't Jopson vs Homeguard be the overriding argument here?

Yes, but please read the definition and exemptions on DYL so you can correct the Judge or rep if they think DYL mean what you thought they meant.

Missaver

Coupon-mad said:

OK, how about using a decent Local Authority summary talking about what's exempt and the CHART guidelines (I am not not saying a PPC has to abide by them but the point is to show that this is what proper DYL rules look like):

https://www.york.gov.uk/LoadingAndUnloadingRestrictions

The circumstances we will consider are set out in the 'CHART' guidelines:

• Continuous
• Heavy goods
• Adjacent
• Reasonable
• Timely

There isn't too much info from my local council website on Waiting and loading restrictions on yellow lines, which says :

Loading restrictions are marked by single or double yellow blips on the kerb.

However, there are no blips on the drop down kerb and it's also along a Private Road, that's one of the few road signs nearby, as well as a sign for the Concierge number to call to lower the bollards.  

Coupon-mad

Exactly.  BIG BIG difference between DYL with kerb blips and loading ban signs, and DYL with none:
https://www.highwaycodeuk.co.uk/road-markings.html

Waiting restrictions indicated by yellow lines apply to the carriageway, pavement and verge.
You may stop to load or unload (unless there are also loading restrictions as described below) or while passengers board or alight. 

Does that help?

Missaver

Greatly, thanks.  I didn't see that bit earlier, but yes, as there are NO signs regarding waiting, loading/unloading at the spot where the car was being unloaded, then it IS ok to unload there.  I will incorporate into the WS, many thanks!

Missaver

Here is the latest version of my Witness Statement, split into 2 posts, appreciate your comments and review, thank you.

Missaver

Even though the paragraphs don't align on the left hand side after copying and pasting, they all align neatly on my Word document.

Missaver

Hi all, appreciate your comments and review when anyone has time. Thanks so much.