Parked in Loading Area - code 25

[harryfreeze]

Hello,

 

How about, dropping 2 year old off at nursery. Parked on a single yellow in road with no loading restrictions. Have appealed on loading but been turned down, considering nto appeal on alighting but can't afford £120 if it doesn't work.

?

[green_and_mean]

Seriously annoyed! As much as i respect your knowledge 'mean' your ability to be human is seriously lacking! This is a clear case of an alighting exemption. Had you read properly you will have seen that he didn't walk his son and mother to the station. He maintained his son's safety in perfectly understandable circumstances.

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I an just stating the law as it stands, the Council has rejected mitigation and despite what you say and like to beleive this is not a 'clear case of alighting'. The alighting was the wife and child getting out of the car, the driver getting out and accompanying them to the tube was waiting/parking. I never said he could not appeal but was just curious on what grounds he was going to appeal. I do live in the 'real world' and I also can see the obvious point that if it was safe for the wife and child to use the tube it can hardly require the assistance of the father to walk to the barrier. The driver has made an honest mistake by not understanding what a loading bay is for but sadly ignorance of the law is not a defence.

[Guest Ting]

The alighting was the wife and child getting out of the car, the driver getting out and accompanying them to the tube was waiting/parking.

 

Actually i should apologise for my earlier tone. Despite my respect for your knowledge i just felt you were being a bit inhuman in this case.

 

Might i suggest you look at post #13. The situation is not as you interpreted.

Personally i wouldn't drop a 15 year old at any place where they would leave my sight before knowing they had met the person arranged. Perfectly reasonable 'escorted alighting' as lamma has said has already been won at adjudication. 10-20 years ago maybe but not today.

 

i do recall a case. Mini cab driver picking up a zimmer assisted older gentleman from a shop where he had become unwell. Obviously couldn't leave the shop on his own so cab driver had to go and find him. Took quite a while to get him back and into the car. Case was won but i do not recall if it was at adjudication or cancelled earlier by the Council.

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[green_and_mean]

Actually i should apologise for my earlier tone. Despite my respect for your knowledge i just felt you were being a bit inhuman in this case.

 

Might i suggest you look at post #13. The situation is not as you interpreted.

Personally i wouldn't drop a 15 year old at any place where they would leave my sight before knowing they had met the person arranged. Perfectly reasonable 'escorted alighting' as lamma has said has already been won at adjudication. 10-20 years ago maybe but not today.

 

i do recall a case. Mini cab driver picking up a zimmer assisted older gentleman from a shop where he had become unwell. Obviously couldn't leave the shop on his own so cab driver had to go and find him. Took quite a while to get him back and into the car. Case was won but i do not recall if it was at adjudication or cancelled earlier by the Council.

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I to can quote numerous cases where the driver has gone to get a disabled person or a child as quite rightly they need assistance. But in this case the assistance was provided by the mother there was no need for the driver to leave the vehicle in a loading bay. If the father was needed as you imply the flaw in that scenario as I have mentioned numerous times is the mother and child then managed to cope with a tube journey unaided which would show they could have managed to get to the tube.

[Guest Ting]

But in this case the assistance was provided by the mother there was no need for the driver to leave the vehicle in a loading bay.

 

If i have to bang my head against that wall again i'm gonna get hurt! LOL.

 

Like I said and I'll shout it this time so you listen READ POST #13. It couldn't be much clearer!

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[green_and_mean]

If i have to bang my head against that wall again i'm gonna get hurt! LOL.

 

Like I said and I'll shout it this time so you listen READ POST #13. It couldn't be much clearer!

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Point taken I missed that post! I still think they will say the mother could have met him at the car though.

[harryfreeze]

i feel a bit like fay wray in between king kong and a t-rex here, but anyway....

 

Would taking my 2yo daughter into nursery qualify as escorted alighting? There are a few pay and display bays near-by but rarely empty and it's impractical to wait every morning and evening for one to become available.

 

I appealed about 4years ago for similar and won, i think the difference is this time i said 'loading'. Are they just being canny and rejecting my 'loading' appeal without mentioning that it could be alighting?

 

Grateful for any advice.

[risingstar]

I missed the further posts as I expected alert on my email, which was the case before.

I alone escorted child into station where mother was already present behind ticket barriers. I will go for Adjudicator appeal and keep updated here. £120 in this recession time has become even more to lose. Thanks for suggestion to use alighting/boarding exemption.

[risingstar]

While filling the form for appeal to adjudicator, I am forced to select a ground for appeal. The 2 possible ones I think are-

 

a) The contravention did not occur. b) There was a procedural impropriety on the part of Enforcement Authority.

There is another ground ..penalty charge exceeded the amount applicable. Any suggestions which one to go for, I would think of a) though.

 

Thanks again. I have prepared a long letter with annexures as evidence.

[green_and_mean]

You can chose as many as you like but personally I suggest its best to keep it simple. The contravention did not occur, and then use the alighting exemption.

[lamma]

the amount MUST logically always exceed the amount payable if you are appealing. Always tick that box.

[risingstar]

Breaking news!!!

In today's post PATAS sent a letter that council has decided not to contest the appeal so I will not be charged at all and if I had paid anything that will be refunded.

 

Will put more details here soon.

[Bernie_the_Bolt]

Yeeeeee haaaaaaaa!

 

Well done you!

 

[Allows a smug smile to self at having got one over on G&M!]

[lamma]

well won ! well done.

[risingstar]

Thanks Bernie and lamma, I did feel over the moon. Green and mean provided a counter view which helped me to bring out the best.

 

I have scanned the PATAS letter here-

http://img258.imageshack.us/img258/5324/parkingpatasletterchangyi1.jpg

and my scanned appeal letter here-

ImageShack - Hosting :: 63165872hh6.jpg

ImageShack - Hosting :: 95907644yj9.jpg

ImageShack - Hosting :: 28984332go2.jpg

 

Hope my appeal letter helps someone in a similar situation and also looking for feedback/ critique as to what actually might have clinched it. Though I have still not worked out the mystry why Council pulled back from the case?

 

My guess is that cost of fighting the tickets was perhaps more. Instead they could focus on issuing more tickets and collecting payments.

 

That also bring up q if I should send thanks letter to Council for not

contesting the case?

 

I tried to do my bit by buying a pricey book from this useful site, in other better times would have done more.

 

In the end it is all :D:D:D:D:D:D:D