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PCN loading bay


vdunne
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Hi,

I have received a PCN for parking in a loading bay & not unloading. My partner had 'parked' in this loading bay as he was intending to sell a load of DVDs to blockbusters. However when he went into blockbusters they were too busy to go through the DVDs, so he never unloaded them, however this was his intention. In the PCN letter it states that the loading must be continuous & that our vehicle was observed for 5 minutes and no loading was observed. However the sign in the bay does not mention that loading has to be continuous. is there anything I can do?

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The sign does not have to state all the conditions and regulations - it just needs to indicate the type of restriction, which it seems to have. "Loading only" is sufficient.

 

What you describe does not sound like unloading to me. It sounds like trying to agree some sort of financial transaction. Nonetheless, you may have options - can you say whether you have appealed in writing already?

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Hi, thanks for replying. Sorry may be I didn't explain it properly. There was a huge bag of DVDs in the boot, which my partner didn't get to take to blockbusters. Yes, I have already written to then( newham) explaining this but they have refused to cancel the PCN ...Just wondering if it's worth appealing?

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I can see why he parked there, but the fact is, he did not unload anything so the PCN is correct on that point. He may have intended to, but that's not covered by a restirction like this. You have to be actually doing it all the while the car is there (with one or two exceptions).

 

If you have written once and they've turned it down, the chances are you will not win if you appeal again. However you will face a charge which has doubled. I would say that unless you have something new to add to your appeal, it would probably be better to pay now.

 

It is possible there are technicalities with the bay or the PCN which render them invalid, if you want to look into that. Images and scans would be needed on here, and someone will look into it for you.

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To be honest you havn't got a leg to stand on here. Loading is normally a pre-arranged activity where the recipient is expecting a delivery. In the case you describe, you are going to engage in negotiating the purchase of the DVDs with no guarentee of 'unloading' them. So while attempting to do the 'deal' you are in fact parked as you actually say in your original post. What you should of done is spoken to Blockbuster first about the large quantity of DVDs you wished to sell them and arrange with them the best way of delivering them. They may of suggested that you take them in periodically in smaller quantities as i'm not sure that this activity comes under loading anyway. In any event, you actually confirm that loading/unloading did not take place in your original post thus the ticket being issued correctly. Therefore I see no grounds for appealing.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Only way I think you could have used the loading/unloading exemption would have been to carry the box into blockbusters, then when you decided not to wait, carry the same box back out to the car. Nowhere does it say that the unloaded item and the loaded item can't be the same box. :)

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