Recently I parked in a loading bay with the intention of loading some items (heavier than 20kg) for my disabled mother unfortuntely when I went to the disabled shop after some discussion with the owner it turned out he had ordered the wrong items and I had to place a new order for the correct items. Therefore I had parked in the loading bay with the intention of loading but due to circumstances outside my control I was not able to load.

I recieved a parking ticket.

I made a representation re the the parking ticket on the grounds I was loading but did not say that I was unable to actually load because the goods were not available.

The representaion has been rejected because they say the vehicle was observed for a ten minute period without loading. They further say that occupying A loading bay without loading constitutes a contravention.

My question therefore is, Is it an offence to occupy a loading bay with the intention of loading but due to the goods not being available no actual loading takes place ?

Should I appeal their decision ?

Have you got any documentation at all of the original order?

I can ask the shop owner to write one up as I am not sure I still have the orginal

If you want to appeal further you will have to wait for the NTO by which time you will have forgone the discount.

The retailer should be able to provide a copy and maybe a letter confirming the order mistake.

I'd appeal on the grounds that the contravention did not occur.

On xx/xx/xx I placed an order with XXXXX for (item). (see enclosed order form)

On xx/xx/xx I confirmed with XXXXX that my order was ready for collection.

I parked in the loading bay outside the shop.

I was kept waiting inside the shop whilst the goods were located and subsequent paperwork was completed.

However on inspection of the goods it was apparent that these had been incorrectly ordered and the correct ones had to be re-ordered.

There fore the vehicle was parked for the purpose of loading or unloading goods

See Jane Packer Key Cases Loading:

PARKING IN ANTICIPATION OF A LOAD OR COLLECTION

It seems clear from Holder v Walker that parking whilst going to investigate whether or not there might be goods awaiting loading or collection is not covered by the exemption. In that case a lorry driver parked for 24 minutes whilst he visited three regular customers to see whether they had any goods to be loaded that day; but in the event there were none.

 

The High Court held that where no loading had taken place the exemption did not come into play.

 

However it seems to me a very different situation would arise in the case of a driver going to

premises where he could reasonably expect to collect or load goods and finding unexpectedly that there were none. A prior appointment or a regular round is very different from what was effectively a canvassing situation in Holder v Walker. It seems to me that a driver in a case of this sort can fairly be said to be parked “for the purpose” of loading/collecting and provided he is not, as it were, on a “fishing expedition” it would seem unfair to penalise him for what will probably be a failure or inefficiency by a third party..

 

Many thanks that really helps I will speak to the retailer and then appeal.