loading only

[wsdot7]

hi all,first post so be gental.

 

ok parked outside my local wilkinson`s the other day to get some paint for a diy job, it was in a "loading only" bay where i normaly park when i`m popping in to pick somthing up quick, been parking there for years with not a problem.

was in the shop for about 10 min`s, when i came out found a ticket on my car for “Parked in a loading place during restricted hours without loading” .

 

the ticket states that the car was observed parked there at 12:10 and the ticket was issued at 12:15.

 

there is a sign stating loading only, but the road markings are suposed to say "loading only" according to this:

http://keycases.parkingandtrafficappeals.gov.uk/docs/LOADADJ.pdf

have been worn away.

 

thay have rejected my informal challenge, and if i appeal i have to pay the full fine if i lose.

 

Qestion is, is it worth appealing?

 

(sorry having trouble uploding pic`s, keeps saying "not a valid image file")

[Michael Browne]

From your Jane Packer link:

 

SPRAKE - V - TESTER

This was a case where a motorist went into a shop, bought six champagne glasses packed into a parcel about a foot each way and returned and put it in his car. There was an exemption in the local order for the loading and unloading of goods. The High Court rejected the argument that anyone putting into his car something bought from a shop was covered by the exemption.

[wsdot7]

From your Jane Packer link:

 

SPRAKE - V - TESTER

This was a case where a motorist went into a shop, bought six champagne glasses packed into a parcel about a foot each way and returned and put it in his car. There was an exemption in the local order for the loading and unloading of goods. The High Court rejected the argument that anyone putting into his car something bought from a shop was covered by the exemption.

 

thanks michael, but what does "about a foot each way" mean exactly?

[Michael Browne]

I imagine it means the package measured 12" x 12".......or about the size of a pot of paint

[wsdot7]

http://s1326.beta.photobucket.com/user/wsdot7/media/1_zps2a13e12f.gif.html?sort=3&o=5

 

http://s1326.beta.photobucket.com/user/wsdot7/media/2_zps334dea5d.gif.html?sort=3&o=4

 

http://s1326.beta.photobucket.com/user/wsdot7/media/3_zpsef8830ad.gif.html?sort=3&o=3

 

http://s1326.beta.photobucket.com/user/wsdot7/media/4_zpscb81e8a6.gif.html?sort=3&o=2

 

http://s1326.beta.photobucket.com/user/wsdot7/media/5_zpsa9f3f369.gif.html?sort=3&o=1

 

http://s1326.beta.photobucket.com/user/wsdot7/media/6_zps03045e3d.gif.html?sort=3&o=0

[wsdot7]

[wsdot7]

[wsdot7]

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[wsdot7]

[wsdot7]

 

At last!!!!!

[wsdot7]

 

 

 

 

[wsdot7]

got the photos on at last!!

 

looking here:

 

http://www.moneysavingexpert.com/reclaim/parking-ticket-appeals#before

 

under this:

 

No4 There has been a procedural impropriety by the council.

 

In plain English: The council made an administrative error.

 

This applies when councils have failed to include all the required information on their tickets or 'Notice to Owner' letters, which renders the charge invalid. If you've been unfairly fined, this is a useful tactic to ensure your appeal wins.

 

According to the sexily named Civil Enforcement of Parking Contraventions General Regulations (2007), there's a list of information that must be contained and accurate on a civil Penalty Charge Notice. See the full list (there's a slightly different list for posted tickets).

 

In all cases, a council must respond within 56 days of receiving your formal appeal, otherwise the penalty is unenforceable.

 

 

as it states on the ticket “Parked in a loading place during restricted hours without loading” and there is no sign giving a restricting time ie 10 mins only.

 

anyone?

[wsdot7]

more info from above

 

According to The Civil Enforcement of Parking Contraventions General Regulations (2007), the following must be contained on a Penalty Charge Notice written out by a Civil Enforcement Officer:

 

The date it is served.

The name of the enforcement authority.

The registration of the vehicle.

The date and the time the alleged contravention occurred.

Why the ticket has been issued.

The amount of the penalty charge.

That the penalty charge must be paid within 28 days.

That if the penalty charge is paid within 14 days the fine will be reduced.

How to pay the charge.

If the charge is not paid within 28 days, a 'Notice to Owner' form will be sent to the vehicle owner.

That you can appeal within the first 28 days and how you need to make the appeal, including the address (and email and fax if appropriate) that appeals should be sent to.

The grounds under which you can make an appeal.

That if your formal appeal is made on time but is rejected, that you can appeal to an adjudicator.

Edited September 30, 2012 by wsdot7
hilight

[Michael Browne]

as it states on the ticket “Parked in a loading place during restricted hours without loading” and there is no sign giving a restricting time ie 10 mins only.

 

anyone?

If there are no restriction times on the sign, then the hours of restriction are 24/7, therefore the the PCN states the correct contravention

[vax2002]

Do you have any wider pictures that show the whole bay ?

we can see another sign further down, we can not see if the loading bay is terminated before this sign.

The worn markings alone are cause for formal appeal to adjudicator once they have rubber stamped the NTO appeal with the failed stamp.

However we need to see the full bay and its markings, it has to comply to very strict standards and must be terminated from the other restrictions.

As well as WRITE not e-mail to the council to DEMAND ( not request) the traffic regulation order for the bay in question, it is not a freedom of information request, make this clear, it is a request for the TRO in effect on that street, it is a public document and must be provided upon request.

With a bit of luck they wont have one as they are expensive and time consuming to re-new.

[Michael Browne]

As well as WRITE not e-mail to the council to DEMAND ( not request) the traffic regulation order for the bay in question, it is not a freedom of information request, make this clear, it is a request for the TRO in effect on that street, it is a public document and must be provided upon request.

.

 

AIUI the regulations only require that the TRO be available to view on request by any interested party at their offices

 

Whilst a lot of councils will send/email a copy on request, they are not obliged to do so