Ticketed less than 2 mins for unloading (Won at IAS Stage!)

KXL88

Coupon-mad said:

Changes nothing albeit never block a door (I doubt you blocked people getting in or out?).

Nah didn't block the door, I left more than enough space for wheelchair/stretcher, groceries man etc. Heck, I don't want anyone slamming the door into my car, including myself as my furniture was large and wide (but not too heavy) and needed the entrance door to be open fully.  

Trainerman

Don't you just love it when pathetic people with no real answer reach for the 'elf'n'safety thing ???

Mouse007

The HSE used to have pages dedicated to H&S Myths

fisherjim

A health and safety risk assessment at the time was no doubt carried out by you confirming that the vehicle was parked appropriately to ensure easy and correct access to the building, whilst minimising the risk of manual handling strains/ injuries by making the task as risk free as possible by minimising the distance carried.

The HA is an idiot making up get out clauses on the back foot, ask for their health and safety policy document which relates to this event.

BikingBud

KXL88 said:

Oops just got an update from HA:

'

I have seen the photos of your car parked outside the entrance door of the block.

 

This is unacceptable and a health & safety breach.

 

You will need to appeal independently.

'

I did unload near my door though (to unload). Does this change anything?

Please ask for the most recent risk assessment that covers the hazard and the certificate of competence of the risk assessor.

Or if a dynamic risk assessment was carried out ask for the framework so you can see where your parking on that day was in contravention. Also requires demonstration of competence to undertake RA!

fisherjim

BikingBud said:

Please ask for the most recent risk assessment that covers the hazard and the certificate of competence of the risk assessor.

Or if a dynamic risk assessment was carried out ask for the framework so you can see where your parking on that day was in contravention. Also requires demonstration of competence to undertake RA!

Excellent, and of course in addition to this point out that a risk assessment from an organisation is of no use to anyone unless shared with those that it relates to and actions taken to eliminate or minimise the risk. In this case there are no signs in place or any other notification of the risks involved so any incident could be pinned directly at their door.

KXL88

Fruitcake said:

You have a most excellent case in my opinion, and I believe the PCN was issued under false pretences.

If you do try an IAS appeal then ensure you include as much evidence as possible about the lack of signage, your primacy of contract, the predatory tactics of the parking operative, lack of grace periods, using irrelevant signage from a different location etcetera.

I read in another thread, should I also use the 'The sign states “NO PARKING AT ANY TIME” and is forbidding and therefore not an invitation to form a contract. Cannot breach a contract which is not formed.'

Eg, although the nearest sign where I was unloading was a diabled parking bay T&C, the one Link included in their evidence was one that show 'No parking at anytime' even though that sign is 50 plus meters away. Or this is not relavent and I should stick to the basics of just

lack of signage, I was unloading (quoting Jopson v Homeguard) and that 5 min grace period (observation period) not adhered to (inc email from HA, dashcam proof), and no signs where I was unloading forbade unloading / parking.

I understand that IAS stage is well, more than likely to be turned down, but should I sign off in my appeal with should you not cancel this PCN, I will await my day in court or something to those lines? Or no need, just the first part.

As always, thank you to all those with their input.

*Edit: Apologies, the sign stated that it was 'no parking for any vehicle in this area' and it did show the penalty charges (not my nearest sign though). So this is not relatable with the other case the above was from.

Fruitcake

Yes, include forbidding signs along with all your other points. Since there is no offer, there can be no consideration, therefore no contract can be formed. In any case they are not offering anything you do not already have that is provided by your lease/AST etcetera.

diystarter7

Coupon-mad said:

Changes nothing albeit never block a door (I doubt you blocked people getting in or out?).

Hi

"blocking" has a different meaning to different people, EG in the event of an emergency/fire etc, most able-bodied people could easily walk out quickly. However, someone with a walking aid and or walking aids, pram with kids, someone in a wheelchair -
when a fire  etc happens, people often panic and the last thing you want is a suv in from of a any door never mind a communal entrance. I'm with the HA on this one. Why should someone with a pram, or .wheelchair have to negotiate obstacles when there is no need for it to be there?

OP, people don't often think and I'm sure you have seen others do it, but sorry, I am now with the HA

Ask the HA for more signs, clearer signs, may be?

Good luck


Thanks

Mouse007

diystarter7 said:

... have to negotiate obstacles when there is no need for it to be there?

There was a need, a need to unload. Something which he had the absolute right to do. You will be suggesting deliveries are not allowed either next.