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Imkah

Confused about Loading Bay Rules

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Hi all.

 

First time for me on here but I wanted to chack something out.

 

basically I got a ticket today for stopping in a loading bay. The thing is, the roaed markings on the 'loading' bay are identical to all of the parking bays that occupy the rest of the street. I just presumed (I know you should presume anything but I did) that it was another parking bay and stopped my car there for 10 minutes to post a parcel and grab a cold drink.

 

I looked at another website that kindly told me loading Bays need to have 'LOADING ONLY' on the road but as this bay is set into the pavement I didn't know if it still applied.

 

basically if the bay had been marked properly I wouldn't have parked there but it wasn't s i am wondering if anyone could tell me if this bay is marked illegally or not. If it is you can be darn sure I'm contesting the ticket.

 

Here's some photo's I took of the sign (which i didn't look at :() and the bay.

 

parking002.jpg

 

parking001.jpg

 

Any and all comments/thoughts would be much appreciated. Thanks!

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Looks clearly marked to me. Area of the bay is marked by kerbs each end and a dotted line to the live lane side, plus a very clear sign that says LOADING ONLY.

 

Bang to rights I believe.

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It's worth posting up a copy of both sides of the PCN as there may be an irregularity that may let you get off an a technicality. Make sure you obscure any identifying details.


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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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Iam getting confused because one of the sites says that Loading Bays must have 'LOADING ONLY' painte don the road as well. Is that correct?

 

EDIT: This is the site that mentions the need for road writing as well as bay markers

 

Scans of the PCN. The only thing I might have going for me is that there's only 1 time on the ticket. So if the officer wasn't watching the car how does he know I wasn't loading.

 

scan0001.jpg

scan0002.jpg

Edited by Imkah

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From the Traffic Signs Manual Chapter 3

 

7.29 The sign to diagram 660.4 (the loading only sign) must be used with a bay marking to diagram 1028.3 or 1032, each with

the legend LOADING ONLY, or 1033 with no legend.

The bay to diagram 1028.3 has the largest maximum

width (3600 mm) and is therefore the most

appropriate for goods vehicle loading. Where the

loading bay is used mainly by cars or small vans and

has been provided to allow customers to collect large

purchases from nearby shops, the smallest width

of bay to diagram 1028.3 (2700 mm) might be

adequate. Diagrams 1032 and 1033 are also more

appropriate for smaller vehicles.

 

The bay you were in is not to diagram 1033 and therefore the bay you were in requires the Loading Only legend to be marked on the road.

 

A clear point for appeal.

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From the Traffic Signs Manual Chapter 3

 

7.29

The sign to diagram 660.4 (the loading only sign) must be used with a bay marking to diagram 1028.3 or 1032, each with

the legend LOADING ONLY, or 1033 with no legend.

The bay to diagram 1028.3 has the largest maximum

width (3600 mm) and is therefore the most

appropriate for goods vehicle loading. Where the

loading bay is used mainly by cars or small vans and

has been provided to allow customers to collect large

purchases from nearby shops, the smallest width

of bay to diagram 1028.3 (2700 mm) might be

adequate. Diagrams 1032 and 1033 are also more

appropriate for smaller vehicles.

 

The bay you were in is not to diagram 1033 and therefore the bay you were in requires the Loading Only legend to be marked on the road.

 

A clear point for appeal.

 

So pleased to hear this. Thanks for your help. I'll write a letter later :razz:

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Should the contravention code not be 25?

 

25 - Parked in a loading place during restricted hours without loading

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Correct Pat. I replied before the ticket was posted up. Definitely appeal on the basis that the alleged offence did not happen. They have used the wrong code.

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Correct Pat. I replied before the ticket was posted up. Definitely appeal on the basis that the alleged offence did not happen. They have used the wrong code.

 

Multiple things to appeal on. Marvellous.

 

Thank you so much for the advice qnd help guys. I'm really going to enjoy writing this letter :razz:

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OK, email to the council is in on informal basis. This is what I sent (all identifying details removed)

 

Dear Sir or Madam,

 

I received a parking ticket on XX/XX/XX but I believe the contravention did not occur and I would like to submit an appeal for the following reasons:

 

1) The contravention listed on the ticket is '01 parked in a restricted street during prescribed hours'. I was in fact in a loading bay so this is incorrect as I did not commit the listed contravention.

 

2)The sign displayed in the bay is a permitted variant of sign 660.4 as detailed in the Traffic Signs General Directions 2002. This document also documents that when sign 660.4 is used with marking diagrams 1028.3 or 1032, that the bay must be accompanied with the legend "LOADING ONLY" on the road. The only exemption to this rule is in the case of marking diagram 1033 (which refers to diagonal Echelon parking). The bay is not the echelon style of parking and is missing the required legend from the roadside.

 

I believe my two points listed indicate that this PCN number XXXXXXXX was incorrectly issued and I therefore appeal against it.

 

I would also request that, regardless of the outcome of this appeal, that an official record is made that the loading bay on XXXXXXXXX does not comply with direction 24 of the Traffic Signs General Directions 2002 and that the legend is added to the road at the soonest convenience.

 

Yours Faithfully

 

XXXXXXX

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Imkah what was teh outcome of your appeal against this PCN? I have the exact same case from same location in Walthamstow and would like to know your outcome. Also posts are much more effective when the full result is included but so often the poster does not complete.

Thanks

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Imkah what was teh outcome of your appeal against this PCN? I have the exact same case from same location in Walthamstow and would like to know your outcome. Also posts are much more effective when the full result is included but so often the poster does not complete.

Thanks

 

 

I don't think it can be the same place cause this was in Leytonstone but I was let off the PCN. It took them MONTHS to send me the letter but in the end the result was worth waiting for

 

EDIT: they let me off on the contravention code not the road marking btw.

Edited by Imkah
missed info out

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I have had a parking fine and I was wondering how far the sign has to be from the parking bay and in which direction should it be facing?

 

Thans

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