PCN for parking in a loading place during restricted hours without loading

BusyBee1904

I received the above Penalty Charge Notice while parked in a loading bay unloading my car. There were no signs restricting the bay to goods or commercial vehicles nor were there any signs restricting hours of use. 

I went online and challenged the notice stating I was unloading and that there were no signs, albeit without attaching any photographic evidence. Within days I received an email with a letter saying that the notice was upheld as according to the Highway Code loading bays were reserved for commercial vehicles.   I replied by email explaining more detailed that there were no signs and attached several photos from the loading bay. Again, the notice was upheld. 

I am now waiting for the NtO to make a formal representation. Am I right and what are the chances I succeed?

Car_54

The Highway Code does NOT say that.

AdrianC

https://assets.publishing.service.gov.uk/media/560aa6c7ed915d035900001a/the-highway-code-road-markings.pdf

Let's see a pic of the signs...

So how long was the vehicle left unattended?
"What is loading and unloading?
Loading and unloading must be a continuous activity and the vehicle must be moved once it is complete. Even if the delivery only takes two minutes, the vehicle must be moved as soon as the process is complete. Loading includes the movement of goods to and from premises, checks on the goods delivered and paperwork. Enforcement staff will not consider stopping for a chat, shopping or having a cup of tea as part of the loading and unloading process! Always check nearby signs for details of additional restrictions on loading."
/https://logistics.org.uk/CMSPages/GetFile.aspx?guid=791f4f62-3a19-44b5-a900-226e01b23250&lang=en-GB

BusyBee1904

I can’t say exactly how long the car was unattended as we went back and forth a few times to unload several bags of coal and two large gas canisters (and, I admit, a few bags of shopping).

Photos of the loading bay:

cajef

You would get much more and better advice by posting here Parking Tickets, Fines & Parking

Jenni_D

Was this a Penalty Charge Notice or a Parking Charge Notice? Who issued the PCN?

If it was a Parking notice then take this to the Parking sub-forum (one below Motoring where this thread currently is). If it was Penalty then Pepipoo forum is probably the best place for advice.

KimJongUn88

If the Loading Bay was for commercial vehicles only, there should be a sign mounted on a post stating that it was specifically for commercial vehicles only. 

I don’t think I can see that here.

AdrianC

The photos don't show the signage.

If it's the same as in the 2012 Streetview...
https://goo.gl/maps/9yEJbiSureF3DCro6
...it just says "LOADING ONLY", no mention of goods vehicles.

So I suspect it'll come down to how badly you were taking the mickey in your time away from the vehicle. Presumably, loading from car onto narrowboat?

BusyBee1904

AdrianC said:

The photos don't show the signage.

If it's the same as in the 2012 Streetview...
https://goo.gl/maps/9yEJbiSureF3DCro6
...it just says "LOADING ONLY", no mention of goods vehicles.

So I suspect it'll come down to how badly you were taking the mickey in your time away from the vehicle. Presumably, loading from car onto narrowboat?

The photos don’t show any signage because there aren’t any. Nothing on the road/loading bay nor on the lamp post, on the wall or anywhere else around the bay. 

The PCN states an observation time of 7 minutes. All in all were unloading longer than that. The bags of coal and gas canisters are heavy and we had to make several trips. 

feolojad

As a lorry driver who gets sick of doing urban deliveries and finding people like you parked in loading bays whilst you go off to do your shopping it warms my heart that you've got a fine. You by your own admission went shopping when you were parked there as you said there were quite a few bags of shopping. They are not put there for you to use to put your shopping in the car.

Jenni_D

feolojad said:

As a lorry driver who gets sick of doing urban deliveries and finding people like you parked in loading bays whilst you go off to do your shopping it warms my heart that you've got a fine. You by your own admission went shopping when you were parked there as you said there were quite a few bags of shopping. They are not put there for you to use to put your shopping in the car.

Where does the OP say that? Have you replied to the wrong thread?