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loading bay ticket appeal....


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Hi all,

I'm after a bit of advice....

I received a ticket for parking in a loading bay. I was away from the van for a total of 8 minutes while I made my delivery and arrived back as the ticket was being issued. I asked why a ticket was issued and the warden said she saw no evidence of loading and I would have to appeal.

I sent in a letter as follows:-

Dear Sirs,

I wish to appeal against the parking ticket I received on the 14th May 2009, while parked in the loading bay in Mayflower Street.

I pulled into the loading bay at 15:59, I can be exact about the time because I was due to pick my son up from his drum lesson at 5pm and I still had another delivery to make. I was already running late as I had attempted to use the loading bays in Cornwall Street or Market Avenue but they were all occupied, mainly by cars I might add.

As I was pushed for time I jogged down to Cornwall Street, where I was making my delivery. The proprietor was busy serving a customer so it was a few moments before I was able to complete my delivery and make my way back to the van. I arrived back at 16:07, just as the parking attendant was issuing me with a ticket.

I had been away from my van for just 8 minutes, I was a commercial vehicle parked in a loading bay, and was using the bay for exactly what it is designed. On this basis I feel that the cancellation of this ticket is warranted, and hope that you will agree.

I look forward to hearing from you in due course.

 

 

They have replied, refusing to consider the appeal unless I supply a photocopy of my V5 document.

 

As far as I am aware, as it was a loading bay and not goods vehicles only the class of vehicle is irrelevent so I'm in a mind not to do it.

 

They have also requested a photocopy of the delivery note. There was no need for a delivery note so there isn't one.

 

Basically they have given me 14 days to respond, or pay the full amount.

 

In a nut shell I am livid. I could write to the shop where I made the delivery and ask if they could write a letter comfirming the delivery but again I'm not in a mind to do so.

 

I am feeling in a particularly belligerent and feel like making a meal of this.

 

Should I swallow my pride and get the documentation they want or push the appeal procedure as far as I can to make a point.

 

Cheers,

 

Phil.

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Might be worth geting the letter from the shop regarding the delivery, that way you are being seen to be taking reasonable steps to support your use of the bay. I would agree though that if the bay just states "loading only" and not "commercial vehicles only" then the type of vehicle you were using is not particularly relevant and I would point that out when I tell them I will not be providing a copy of the V5.

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When they look at an appeal, they can do one of three things - reject it, allow it or ask for additional evidence.

 

If they take the last option, you can infer that when they receive what they asked for, assuming it corroborates your story, they will cancel the charge - otherwsie, why bother asking?

 

So I would say definitely send it. It might be a pain, but I would send whatever they ask for. If you have no delivery note, tell them - but try and get something similar - a jobsheet, receipt - anything which backs up your story.

 

I'm not clear why they want the V5, but there might be a question mark over the "commercial vehicle" statement. You are right, the bay is not only for one type of vehicle, but this is an informal appeal and whoever is dealing with it needs to be convinced. It's a more reasonable situation for a commercial vehicle to do what you describe than a regular car. (The point is arguable, but you see the line of reason they tend to apply?)

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It is also possible that they are asking for the V5 to see if you are the Registered Keeper. The owner is the only one legally liable for the PCN and if you are not the RK they can presume that you are not the owner and may feel that the RK will be a softer touch when the NTO come through.

 

In my view, while making a meal of it can be fun and have entertainment value, it is not the most effective way of making these things go away.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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