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Found 10 results

  1. Hi there, received a parking ticket from Met parking whilst i was unloading my car after doing a massive at Costco. I parked in the small 4 car car park in front of my flat to unload some shopping that i had done earlier in the morning from costco. I live on the 3rd floor with no lift, i tend to take my time as its just me unloading. I have a permit to park on the main road and yes i could have parked on the main road, but i would have taken me ages to unload and didn't want to risk my daughter running across the road, whilst i was doing this. I also have a visitors permit to park in the car park where my flat is, but didn't think it was necessary.. ..maybe naive but i was genuinely unloading my shopping. can i appeal on supremacy of contract. I understand that my landlord is their employer. Ive attached the sign and parking charge met parking signage.pdf met parking pcn.pdf
  2. Hi guys, So this case was a bit awkward. Actually it happened today (Saturday) around 8:30am when I was unloading my van between 2 signs with different restrictions which makes me a bit confused. 1 Sign had written "No loading Mon - Fri Xam - Xpm" and the other one had written "No loading Saturday 8am - 10pm" and throughout the footpath I had the single yellow line with the vertical single yellow line. Do I have any ground to appeal in this case? As I was in the middle (between) of this 2 different signs Thanks in advance!
  3. Greetings I received a PCN for unloading my LGV in a loading bay. It was the normal of parking attendant viewed for 5 minutes, nothing happening, so issued the PCN. I wrote off to the Council highlighting the cases: Sprake - v - Tester (1955) 53 LGR 194 Richards - v - McKnight [1977] RTR 289 Bulman - v - Godbold [1981] RTR 242 Boulton - v - Pilkington [1981] RTR 87 Whiteside - v - Watson 1952 SLT 367 McLeod - v - Wojkowska 1963 SLT (Notes) 51 Holder - v - Walker [1964] Crim LR 61 Chafen - v - Another Supplement to the Justice of the Peace and Local Government Review 21st March 1970 Pratt - v - Hayward [1969] 3 All ER 1094 Funnell - v - Johnson [1962] Crim LR 488 Police - v - Hadelka [1963] Crim LR 706 Decision of a Stipendiary Magistrate sitting at North London Magistrates Court, Journal of Criminal Law Vol XVI No 3, 193 (1952) Decision of a Stipendiary Magistrate sitting at Clerkenwell Magistrates Court (102 SJ 358) (1958) Which covers and confirms that I was not mis-using the terms of the loading bay. The Council in question, responded by ignoring the above test cases and stating tha the onus is on me to prove that I was using the bay correctly. As far as I'm aware, the onus is on the Council to prove that I contravened the terms of the loading bay. Am I correct in this assumption?. Many thanks
  4. Hi, I would appreciate any advice on whether I should appeal this PCN. My sister has been taken into a nearby neorological hospital after having a bleed on her brain. I went to the horpital to take along some clothes for her, but the car park had no spaces, i parked in what I later found to be a resident only area (didnt see the signs) due to me being more concerned with her. ...I left my car in the area for ten minutes and on my return, it had been 'observed' for six minutes and was ticketed. Is it worth me appealing this ticket, or am I between the proverbial rock and hard place? Thanks to all in advance
  5. Hi all, I recently received a PCN whilst unloading my car outside a venue I was due to play a gig at that night. My car was parked immediately outside the doors to the venue but was parked in a disabled parking bay, The venue was 'The Victoria' on John Bright Street, Birmingham, B1 1BN. Because I’m a new user of these forums I can’t post a link but you can see it on Google street view. I was unloading a drum kit and several amps so, having checked that there were no loading/unloading restrictions in place I parked there as it seemed the most sensible place. When I left the building after carrying the last items up I found a parking attendant in the process of issuing me a ticket. I advised him that I was unloading, he seemed unmoved and said that I should have parked on the double yellow lines - this in itself seems pretty ridiculous as I don't think a contravention has taken place anyway. Since then, my representations have been rejected by the local authority and I must either pay £70 or appeal to the independent adjudicator. They claim that "A bay marked for disabled badge holders may not be used for any other reason. This is in accordance with road traffic legislation". I think this is incorrect, I've read the road traffic acts, checked the highway code etc and can't find any piece of legislation that backs them up on this. Their own guidance even states that they may accept a challenge if "Goods being delivered or collected were heavy, bulky, or numerous and it would be unreasonable to expect them to be carried from a ‘legal’ parking place" and that they would only reject the challenge if it was issued "On school ‘keep clear’ zig zag markings, On bus stop clearways, On Taxi ranks, On Police bays, or Where loading is prohibited". I'm planning to appeal but wanted to ask if anyone here could help me with clarification on the regulations regarding disabled parking bays. I've searched high and low for information but can't find anything that says that you can't unload in a disabled parking bay - I am under the impression that you can load/unload anywhere as long as it isn't explicitly prohibited either by markings on the kerb or a sign. Is this right?
  6. Afternoon all. On 16th May 2013 I was parked, with the boot open, in a loading/unloading bay. I was exchanging an item from a shop - the item was really heavy (around 45kgs) and the loading/unloading bay was just across the road from the shop. Anyway, whilst I was bringing the item back to my car a traffic warden was writing me out a ticket. I told him I was loading and unloading but he told me I was the wrong type of vehicle (I have a ford mondeo hatchback). He didn't give me the ticket, but walked off. I assumed he had not bothered, but today I got the notice through the post. 1st thing, is this legal. To be honest I didn't read the sign and just assumed that as I was loading/unloading it would be okay. 2nd, when I look at the photo evidence, it does not show my full registration plate. He has missed the last letter (M) from the photo. Any get out in that? (The PCN is fully correct). Many thanks.
  7. I entered in a street where the above restrictions were in force. I was not aware and I did not read the sign. However when I entered the street I saw a car parked on a yellow line on a Sunday, which made me to believe that parking may be allowed. I stopped and put my wares in the boot for safety. Before I decided to park there my wife and i discussed to check if we were really allowed to park. Then I saw a sign and read it through and decided I am not allowed to park. We got into the car and moved from there. I requested to see the Video footage. The footage starts at 59.14 minutes and stops at 1.51 minutes as soon as I got into the car. The video was cut off. It did not cover my leaving at the time possibly deliberately. I believe that the contravention did not occur as I did not load or unload anything. The video confirms I did ot move away from the car. Additionaly the whole waiting was under three minutes which I beleive is allowed on a yellow line. I did not park deliberately as I had not seen the sign. I only became aware when I came out of the car and read the sign. I wish to appeal. What are my chances. Can you please help. Incidentally the PCN does not mention contravention Code or the exact place. It mentions Station Road Ilford.
  8. This is my first post so please excuse the length of the thread and the incorrect use of paragraphs, it was just to make the post clearer and easier to follow. I received a PCN from Islington council in December of last year. I was half parked on a double yellow line and half in an out of hours residents bay on a residential road. It was a Sunday evening in a commercial vehicle (under 3.5 tonnes) and I was unloading and making a delivery to a house. The unloading was constant and I did not leave the vehicle unattended for more than 5 minutes at a time and overall I was there for under 40 minutes. I returned to the vehicle to find a ticket issued at 20.29. I challenged the PCN within 2 weeks requesting photographic evidence as this was, and,still is unavailable on the website. Within 10 days I received the photos indeed showing that the rear wheels were on the yellow lines, but, the photos showed they were taken at 20.30 (first 3) and 20.31 (last 3). I immediately wrote back saying that the rules on the website clearly state that for a ticket to be issued, the vehicle must be observed unattended for a full 5 minutes. I then pointed out that the ticket was issued and then 6 photos were taken 1 and 2 minutes later respectively. Therefore the civil enforcement officer had only spent 3 minutes with the vehicle and had not observed the vehicle unattended for 5 minutes before issuing the ticket I received a reply to this within 10 days simply saying they were satisfied that the vehicle had been observed (from 20.23) for a full 5 minutes before the ticket was issued, and that the photos were taken at 20.30 and 20.31, therefore the officer had spent a total of 7 minutes with the vehicle. I politely pointed out that that 20.23 to 20.31 equates to 8 minutes and could they provide notes or photos or proof of this as I dispute this fact because I would have been there. To cut an already long story short, they have failed to produce any evidence that the vehicle was observed before the ticket was issued and have now said that the onus is on me to prove that the vehicle was not observed for 5 minutes! Is it just me or is that the most ridiculous demand ever?? The civil enforcement officers are equipped with PCN machines and cameras both of which record the date and time. I am equipped with neither nor am I required to be by law. Surely the onus is on them to prove a contravention has occured, otherwise they could just go around issuing tickets willy nilly without any chance of appeal. I read up on the case of Ronald Kendrick Douglas VS The London Borough Of Brent where it was judged by the adjudicator that the burden of proof was on the council. I assume this applies at this stage also? This has now been going on for 2 months and the council are just stonewalling my appeals and refusing to budge Some advice on my position and who bears the burden of proof would be much appreciated.
  9. HI I have a contravention 46 for loading and was viewed for 7 minutes, have argued till now and going to appeal. before i go into nitty gritty, can someone advise if this looks legal? 1.i cannot find this sign anywhere on line. 2.its dirty obstructed 3.white markings on street? 4.markings unclear and cut off? 5.pictures dated June 2011 and contravention is Dec 2011?
  10. Hi guys, I am a student and live in a block of apartments which is a private residential area. Just outside the apartments is a construction site where they are building a bunch of shops. The construction site is blocked off by a barrier and next to this barrier is a road for cars. I had loads of shopping from Tesco so I assumed I could leave the car downstairs for a few minutes to bring the shopping upstairs and then come back down to move the car. The road does have signs saying that any car parked will be clamped. So anyways I took the shopping upstairs and when I came back down, the car had been clamped. The people who clamped the car were still there and demanded a £150 release fee which is the amount shown on the signs. I argued with the guy for about 10mins but was getting nowhere so I called my mum downstairs and eventually he released the car for £80. What I found a bit suspicious was that he didn't give a receipt or anything, just took the cash unclamped the car and left. The car they were driving around in was also a 2010 Vaxuhall Corsa hatchback which I found strange because they normally drive them little vans. Do they sound like legal clampers? Any help would be appreciated. Oh and there are CCTV cameras which is how the guy knew my car was there.
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