PCN received in Westminster for parking in a Goods Vehicle Area

[Panio1]

I have a PCN from Westminster. I parked in a loading area with a sign saying

 

Goods Vehicles

Loading Only

30 mins

No Return within 1 hour

 

I had parked in a Land Rover registered with the company I work for. I was Loading a sound system and had left a sign on the dashboard saying I was loading and where from. I returned 15 mins later to find a ticket. The offence on the ticket says

"Parked in a parking place or area not designated for that class of vehicle - Loading Bay"

I have read the threads but still do not know if a Land Rover is classed as a goods vehicle. All I can find online are definitions for HGV's which is over 3.5 tonnes. When I phoned up Westminster they said that a goods vehicle must be over 3.5 tonnes but surely this is for a HGV I only have another 7 days to pay/appeal as the reduced charge of £60 is only for 14 days.

Thank you very much for your help

 

Panio

[Chesterexpress]

Do you have proof of loading?

[Panio1]

No but I probably could get a letter to say I was loading from the restaurant

[patdavies]

I have a PCN from Westminster. I parked in a loading area with a sign saying

 

Goods Vehicles

Loading Only

30 mins

No Return within 1 hour

 

I had parked in a Land Rover registered with the company I work for. I was Loading a sound system and had left a sign on the dashboard saying I was loading and where from. I returned 15 mins later to find a ticket. The offence on the ticket says

"Parked in a parking place or area not designated for that class of vehicle - Loading Bay"

I have read the threads but still do not know if a Land Rover is classed as a goods vehicle. All I can find online are definitions for HGV's which is over 3.5 tonnes. When I phoned up Westminster they said that a goods vehicle must be over 3.5 tonnes but surely this is for a HGV I only have another 7 days to pay/appeal as the reduced charge of £60 is only for 14 days.

Thank you very much for your help

 

Panio

 

Where a parking restriction refers to a specific class of vehicle, then that class must be spelled out in the TRO.

 

You need to obtain a copy of the TRO ti see if your vehicle falls within the allowed definition.

 

Loading oer se is not restricted to 'goods' vehicle, but bays can be designated for specific class(es) of vehicle

 

You may want to read through chapters 6 and 7 of this manual (page 42 on) and then also check the signage.

[Panio1]

Thanks. So I should contact Westminster and ask them for their TRO? Also I read through the file that you sent. patdavis, but could not find the sign which I parked at. No signs saying Good Vehicles only, only Loading signs.

[lamma]

check that they don't have special authorisation from the SoS. DfT can help.

[Adenuff]

Thanks. So I should contact Westminster and ask them for their TRO? Also I read through the file that you sent. patdavis, but could not find the sign which I parked at. No signs saying Good Vehicles only, only Loading signs.

 

Goods vehicles loading only is a permitted variant of sign type 660.4 in TSRGD.

 

The definition of "goods vehicle" and "passenger vehicle" are given in TSRGD and do not require goods vehicles to be over a certain weight

 

A Land Rover can be classed as a goods vehicle and if the TMO ( it is a TMO in London, rather than a TRO) says heavy goods vehicles only and the Council have used standard TSRGD signage, as appears to be the case here, then the Council are in breach of its obligation under s18, Local Authorities Traffic Orders(Procedures)(England and Wales) Regulations 1996.

 

If you want to fight this you have a case but no guarantee of winning. There is an adjudication in Warrington -v- Hart District Council which will be of use to you

 

I have a similar case at a very advanced stage.

Edited October 3, 2008 by Adenuff