single yellow, no kerb markings westminster PCN

[selenalondon]

Hello,

help needed again.

I recieved a PCN on a single yellow line for a 3 minutes.

Private unloading, I had to carry to big suitcases to the house opposite. All "pay and display" bays were suspended.

 

Is there any observation period?

5 minutes - by Westminster Enforcement Protocol

Single yellow with no kerb - means no loadin/unloading restrictions apply.

 

I wrote a representation to Westminster, officer asked for a delivery note. What kind of a delivery note I can give them if it was a private unloading? Items were to bulky and heavy to carry from the nearest "pay and display" bay?

 

Please advise.

 

Thanks

[selenalondon]

Edited July 26, 2009 by selenalondon
sorry for a size of a picture

[lamma]

you don't need a delivery note. see the Jane Packer Flowers case.

[selenalondon]

you don't need a delivery note. see the Jane Packer Flowers case.

 

Thanks, Lamma, I will have a look on it today.

[Jamberson]

When they ask for a delivery note, you can assume that they are looking for something to substantiate your explanation, and that if they get it, they will cancel the charge. (Otherwise, there'd be no point in them asking.)

 

So the best thing to do would be to send them a courteous reply explaining that it was a private delivery and that no delivery note exists - but enclose something which supports your appeal. You aren't clear in your post as to why you delivering the cases, but if there is any paperwork at all which you can obtain, it will help you win. (eg, receipt or any paperwork relating to the situation.)

 

If not, a confirmation note from the person you were delivering to, sent in by you along with your letter, would give you a fair chance.

[selenalondon]

you don't need a delivery note. see the Jane Packer Flowers case.

I read though the Jane Packer Flower Case. The Appeal was refused.

 

How could this help me to win my case?

Sorry, maybe I did not understand everything.

 

Thanks

[lamma]

It is the recognised reference case for defining loading. every case swings on its own facts not those of others. loading does not need to be commercial with delivery notes, loading is loading.

[selenalondon]

It is the recognised reference case for defining loading. every case swings on its own facts not those of others. loading does not need to be commercial with delivery notes, loading is loading.

 

Thanks a lot.

[lamma]

Mr Carlo Gabrielle Case Reference 1960112990 Sutton On 14 October 1995 between 11.28 am and 11.30 am the appellant’s vehicle D319 BLY was observed by a parking attendant parked in a restricted street during controlled hours on a single yellow line in Mulgrave Road. Penalty Charge Notice SU63510501 was issued at 11.30 am. The appellant had been engaged in moving various items (unspecified) from his vehicle into his house and at the time the vehicle was observed had left it unlocked with the door open whilst he had gone inside to get help from his girlfriend to move a large and heavy typewriter. During a two minute observation period there was clearly no movement of goods from the vehicle whilst the Appellant went to get help to move an object that was too heavy for him. I have little hesitation in regarding this as part of the process of delivery or of the unloading of the vehicle (the weight of the article and the other items clearly being sufficient to constitute a “load”). I therefore allow this appeal.

[selenalondon]

Parking Warden did not do any observation time on my vehicle.

 

I should wait for a reply from Westminster.

[selenalondon]

I recieved a letter from Westminster yesterday. PCN has been cancelled.

 

Thank you everyone.