Wife issued with a PCN while collecting children and loading

[Mr Macintosh]

My wife had been issued with a PCN on 4/12/07 while she was collecting the kids from their school and also loading their musical instruments into the car for their private lessons as they also play in their school's music group. Children need help to carry the instruments and also school will not allow them to leave except when handed over to an appropriate adult as they are only 7 yrs old. She was issued with a PCN within 2 minutes. Contravention code is 01 as she parked on a single yellow line within a close proximity of the school. Her first appeal rejected and I am now served with a notice to owner. i will challenge them (L B of Enfield - NCP).
Your comments will be appreciated.

Thanks

[patdavies]

You will need to check where she stopped to see if loading is permitted at the time the PCN was issued.

Contrary to the belief of many Councils, loading does not need either a commercial vehicle nor invoices/delivery notes.

[green_and_mean]

Originally Posted by patdavies

You will need to check where she stopped to see if loading is permitted at the time the PCN was issued.

Contrary to the belief of many Councils, loading does not need either a commercial vehicle nor invoices/delivery notes.

If it was not permitted it would have been an '02' not an '01'

[Mr Macintosh]

There is no restriction for loading and unloading. It a single yellow line with no kerb marks. Contravention code is 01.

[patdavies]

Then her defence is that the contravention did not occur, because she was loading at the time.

[patdavies]

Originally Posted by green_and_mean

If it was not permitted it would have been an '02' not an '01'

Thank you.

You are, of course, absolutely right and I should have realised that.

[Mr Macintosh]

Many thanks for your comments. I'll write a letter to challange their initial decision and will post the outcome.

[Bernie_the_Bolt]

Sounds to me as if boarding and alighting was also involved.
This is permitted even when loading is not.

[Mr Macintosh]

I'm not really sure whether or not collecting kids from their school mentioned anywhere in the law when school will not allow them to leave except when handed over to an appropriate adult.

[green_and_mean]

Originally Posted by Bernie_the_Bolt

Sounds to me as if boarding and alighting was also involved.
This is permitted even when loading is not.

The vehicle is not meant to be left unattended for dropping off/picking up passengers. There is some leeway for disabled and young children but only from adjacent property I think.

[green_and_mean]

Originally Posted by Mr Macintosh

I'm not really sure whether or not collecting kids from their school mentioned anywhere in the law when school will not allow them to leave except when handed over to an appropriate adult.

Without sounding rude picking up kids from school does not exempt you from the law. Unless disabled there is nothing to prevent you from parking legally and walking to the school.

[Bernie_the_Bolt]

Originally Posted by green_and_mean

The vehicle is not meant to be left unattended for dropping off/picking up passengers. There is some leeway for disabled and young children but only from adjacent property I think.

And isn't that what is going on here? Besides, there's also the loading going on!

[Chesterexpress]

Yet another case of inconsiderate and lazy parents. These children are 7yrs old and have legs, let them make use of them.

[patdavies]

Originally Posted by green_and_mean

The vehicle is not meant to be left unattended for dropping off/picking up passengers. There is some leeway for disabled and young children but only from adjacent property I think.

I think that BtB has unintentionally diverted attention here.

The major point is that the OP's wife was loading (musical instruments that the kids can't carry for themselves. This does not require the vehicle to be attended.

Alighting is a red herring.

[Mr Macintosh]

Originally Posted by Chesterexpress

Yet another case of inconsiderate and lazy parents. These children are 7yrs old and have legs, let them make use of them.

I think this a bit judgemental approach if not constractive. The car is being used for this purpose only once a week and there is a valid reason for that. Musical instruments need to be collected on every Tuesday, and also legally speaking children will not be let to leave the school on their own because of their age (Child Protection Act).

And, Fortunately this country is still being ruled by law & order not by parking attendants and their managers and, I believe existince of this forum/actiongroup linkes itself to this fact.

Thanks

[demon_x_slash]

Originally Posted by Chesterexpress

Yet another case of inconsiderate and lazy parents. These children are 7yrs old and have legs, let them make use of them.

Aaaand... now we have Chester's inevitable and useless sarcasm as well. Sigh. D'you know how much musical instruments cost? and how heavy and awkward the larger ones can be? A seven year old would find it difficult to carry a guitar or a cello, and even the smaller ones get bumped about in the cases. What's wrong with loading musical equipment into your car in a valid loading zone? It has nothing to do with 'laziness', and the ticket seems to have been issued by an operative who doesn't understand what 'loading' means.

[Mr Macintosh]

A violin and a cello.