Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I am wondering if anyone has any thoughts on whether it is worthwhile going to the Adjudicator on this issue.
I made a Representation against the Notice on the following basis:
"
I did not stop as alleged. Nor did I park.
I simply drove out of the way of the traffic so I could look at a street map inside the car so I could continue my journey.
I did not switch off the engine. I did not get out of the car. I did not remain stationary for longer than a couple of minutes."
I have now received a Notice of Rejection which states:
[FONT='Verdana','sans-serif'][/FONT]
[FONT='Verdana','sans-serif']The reasons for the rejection are as follows:[/FONT]
[FONT='Verdana','sans-serif']Please be advised your vehicle was observed parked in the loading bay at the above location, [/FONT][FONT='Verdana','sans-serif']during the restricted hours without loading or unloading. The restrictions at this location are no [/FONT][FONT='Verdana','sans-serif']stopping Monday to Saturday from 7am to 7pm except loading which is permitted for a [/FONT][FONT='Verdana','sans-serif']maximum of 20 minutes. Your vehicle was observed parked from 14.03 to 14.06 and at no [/FONT][FONT='Verdana','sans-serif']point during that time was loading or unloading seen to or from the vehicle. I have noted your [/FONT][FONT='Verdana','sans-serif']explanation that you stopped to check your map. However, please be advised , it is the [/FONT][FONT='Verdana','sans-serif']responsibility of the driver to find a safe and legal place to park or stop. Due to these [/FONT][FONT='Verdana','sans-serif']circumstances I am not willing to cancel the penalty charge notice.[/FONT]
This was all done by CCTV not by a Parking Warden. Also the Loading Bay was empty apart from me during the time I was "paused" and it was perfectly safe for me to stop.
A loading bay is for loading or setting down passengers only, reading a map contitutes 'waiting' which is prohibited. Switching off the engine, being in the car etc makes no difference you are still classified as waiting/parked.
G&M, you say a loading bay is for loading and setting down passengers only, any idea where i can read up on the "rules" relating to parking bays?
Regards BB
G&M, you say a loading bay is for loading and setting down passengers only, any idea where i can read up on the "rules" relating to parking bays?
Regards BB
There is no such thing as a 'parking bay' as such, there are permit bays, free bays, pay and display bays etc each with their own rules and regs can you be more precise?
I am wondering if anyone has any thoughts on whether it is worthwhile going to the Adjudicator on this issue.
I made a Representation against the Notice on the following basis:
"
I did not stop as alleged. Nor did I park.
I simply drove out of the way of the traffic so I could look at a street map inside the car so I could continue my journey.
I did not switch off the engine. I did not get out of the car. I did not remain stationary for longer than a couple of minutes."
I have now received a Notice of Rejection which states:
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']The reasons for the rejection are as follows:[/font]
[FONT='Verdana','sans-serif']Please be advised your vehicle was observed parked in the loading bay at the above location, [/font][FONT='Verdana','sans-serif']during the restricted hours without loading or unloading. The restrictions at this location are no [/font][FONT='Verdana','sans-serif']stopping Monday to Saturday from 7am to 7pm except loading which is permitted for a [/font][FONT='Verdana','sans-serif']maximum of 20 minutes. Your vehicle was observed parked from 14.03 to 14.06 and at no [/font][FONT='Verdana','sans-serif']point during that time was loading or unloading seen to or from the vehicle. I have noted your [/font][FONT='Verdana','sans-serif']explanation that you stopped to check your map. However, please be advised , it is the [/font][FONT='Verdana','sans-serif']responsibility of the driver to find a safe and legal place to park or stop. Due to these [/font][FONT='Verdana','sans-serif']circumstances I am not willing to cancel the penalty charge notice.[/font]
This was all done by CCTV not by a Parking Warden. Also the Loading Bay was empty apart from me during the time I was "paused" and it was perfectly safe for me to stop.
Shall I continue to Adjudication or give.
All thoughts will be much appreciated.
Pogie
Can you post stills of the loading bay in question and copies of the pcn/ nto if you have them just so we can check if they are legally compliant.
Sorry G&M, I should have saidit is a loading bay and does not have any yellow lines, single or double, inside it, my son pulled in dropped off friend and the CCTV shows he was there for 22 seconds
Sorry G&M, I should have saidit is a loading bay and does not have any yellow lines, single or double, inside it, my son pulled in dropped off friend and the CCTV shows he was there for 22 seconds
Are you sure the cctv shows a stay of 22 secs not just 2 photos 22 secs apart? Loading bays usually have an alighting exemption allowing for the dropping off of passengers. For it to be a loading bay the minimum requirement for markings is the white box and a 'loading only' time plate.
it says.. for the contravention of:
Parked or unloading/loading in a restricted street where waiting and unloading/loading restrictions are on force.
Assuming the signage yellow lines and kerb blips with time plate is correct the only exemption is for alighting and picking up passengers. The short time of stay could be justified in my opinion by stopping to check the restriction before pulling away.
thanks for that G&M, thats exactly what i thought, how on earth can you safely read a small sign 2.8 meters up in the air with out stopping.
many thanks BB
PCN for "Pausing" in Loading Bay
Reply With Quote
LF53
Originally Posted by BaldyBaldwin
