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Parking ticket in Brighton
Cardelia
Posts: 242 Forumite
I had a bit of a clear-out over the weekend and took a load of large cardboard boxes to the dump. My street is residents parking only (I have a permit) but there were no free spaces anywhere near my house on saturday morning, so I put my car on a single yellow line whilst I loaded it up. The sign says no parking between 9am and 6pm monday-saturday, but I don't have any pictures of it yet. The ticket from Brighton and Hove council is below.
http://i29.tinypic.com/o033wp.jpg
http://i28.tinypic.com/o00w37.jpg
The warden came round just before I left for the dump. I'd gone inside to collect the final lot of boxes and make sure I hadn't missed anything else - I wasn't inside for very long, certainly no longer than 10 minutes and probably closer to 5. I saw the warden just down the street when I came out of the house again, so I must have just missed her.
My car was visibly full of large cardboard boxes (they were all over the back seat and front passenger seat) but I didn't have my hazard lights flashing.
If I were to appeal against the ticket on the grounds that I was loading, would I stand a good chance of winning?
Also, I don't know if this will make any difference, but there is currently a planning application with the city council to create a marked loading bay in place of the yellow line - there's even a copy of the planning application attached to the post which has the parking sign on. It's still a single yellow line at the moment though.
http://i29.tinypic.com/o033wp.jpg
http://i28.tinypic.com/o00w37.jpg
The warden came round just before I left for the dump. I'd gone inside to collect the final lot of boxes and make sure I hadn't missed anything else - I wasn't inside for very long, certainly no longer than 10 minutes and probably closer to 5. I saw the warden just down the street when I came out of the house again, so I must have just missed her.
My car was visibly full of large cardboard boxes (they were all over the back seat and front passenger seat) but I didn't have my hazard lights flashing.
If I were to appeal against the ticket on the grounds that I was loading, would I stand a good chance of winning?
Also, I don't know if this will make any difference, but there is currently a planning application with the city council to create a marked loading bay in place of the yellow line - there's even a copy of the planning application attached to the post which has the parking sign on. It's still a single yellow line at the moment though.
0
Comments
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If you can provide proof you were loading, then your appeal should be allowed.
Hazards make no difference.
Have you got an email or a delivery note?0 -
More to the point, were there any loading restrictions? Check for vertical yellow stripes on the kerb edge and for accompanying signage.
You can stop on a yellow line to load or unload or to let passengers board or alight.
Assuming there were no loading restrictions, you could take issue with the fact that the ticket doesn't say you were observed between two times which would have been reasonable to verify whether loading was taking place.0 -
I was clearing out some rubbish from my house, so no email or delivery note unfortunately.
There were no loading restrictions on the sign or markings on the kerb, so I presume that means it was ok to load at that point?0 -
Absolutely. Look at page 2 of this file: http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/documents/digitalasset/dg_070563.pdfThere were no loading restrictions on the sign or markings on the kerb, so I presume that means it was ok to load at that point?
Loading is generally where you carry heavy or bulky goods to your car which would otherwise be impractical to carry any distance. Enforcers should use their discretion in determining whether your goods are heavy or bulky - they won't have much sympathy if they see you just carrying an envelope and your handbag. The time allowed to stay on a yellow line while loading isn't specified in law, but is generally accepted to be only "as long as necessary" to load and unload and a 20 minute timeframe is considered the maximum time your vehicle can be observed unattended before the contrary is assumed. Be advised, however, that many councils only consider the loading time to be the time it takes you to carry the stuff between building and car and no longer. They don't allow you time to "shop" for the items or perform other tasks; you are expected to walk in, grab it, walk out, shove in car, repeat then drive away.0
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