Two vans parked in loading bay. only one ticketed.

[knowusebruce]

I have been parking in a loading bay for approximately one hour in order to clean a shop near by. During this time a number of other vans have also been parked there .

 

Today i returned to my van to find a PCN on the windscreen. However the other van did not. I asked the CEO to explain why she had not ticketed the other van. She simply walked off. I decided to search for her and found her again in the same spot an hour later.

 

I asked her why she had not ticketed the other van.

 

She responded telling me that because the other driver was working on a fire alarm, he was exempt. When i asked her what law she was referring to, she could not tell me. she then went on to tell me that she was using her discretion.

 

fortunately i had recorded the whole incident with her however when i tried to record her badge she pushed me and moved away into the crowds again.

 

 

Can someone please advise if I have any chance of winning an appeal?

 

are vehicles working on services like fire alarms exempt in law?

 

are CEO's allowed to use their discretion?

 

or should i just pay the fine and move on. although it does mean i will not be able to travel to birmingham next weekend to see my son. money is that tight at the moment.

[marmaris30]

You could always complain about the unequal treatment but if you were parked in a loading bay and not (un)loading then everything else is irrelevant, surely? You would need to base any appeal on the facts of the matter, such as road markings and signs, or if you have some good reason to have parked up, as a defence. Any other complaint would be a separate matter.

[sailor sam]

There are a couple of issues here. Firstly loading bays (depending on the signage) are just that; for loading/un-loading and not to carry out work at a property. The LA issue permits for that kind of thing. So in fact both vans should of been ticketed.

 

But I'm more concerned with your claim that the CEO 'pushed' you. That in fact constitutes assault and you should either report the incident to the police with your 'recorded' evidence or personally visit the LA offices to speak to the relevant manager and invite him/her to cancel the ticket following the awful behaviour of the CEO. Make sure that they understand that as far as you are concerned, you were assaulted and you may consider taking things further.

 

Based on your account, I certainly would NOT pay OR appeal.

[Jamberson]

Your PCN was issued for a legitimate reason. Your very first sentence says it all.

 

The only dispute is whether the other vehicle ought to have had a PCN. Well, whatever you think, it didn't get one so that's that. I don't think there is any exemption as such, but a CEO can use discretion, which is good, and in this case must have spoken to the other driver and understood that discretion was appropriate. Complain if you like, but personally I think it's a good thing.

 

If I were you, I would just pay it. You have no basis to appeal if you use a loading bay as a parking space.

[sgtbush]

discretion is allowed in the interests of public safety, im assuming cos it was a loading bay, the fire alarm would be in some sort of shop or public space and discretion is allowed to be used in such circumstances. their are exceptions to loading bays, double yellows etc, i myself are excempt from parking tickets, loading times do not apply to my vehicle, the only places i cannot park are white zigzags

[sailor sam]

Your PCN was issued for a legitimate reason. Your very first sentence says it all.

 

The only dispute is whether the other vehicle ought to have had a PCN. Well, whatever you think, it didn't get one so that's that. I don't think there is any exemption as such, but a CEO can use discretion, which is good, and in this case must have spoken to the other driver and understood that discretion was appropriate. Complain if you like, but personally I think it's a good thing.

 

If I were you, I would just pay it. You have no basis to appeal if you use a loading bay as a parking space.

 

Yes, I would agree but i'm concerned about the alleged assault. Assuming the OPs version of events is correct, I would certainly take it further. Discretion yes, but pushing someone is surely not allowed?

[sailor sam]

discretion is allowed in the interests of public safety, im assuming cos it was a loading bay, the fire alarm would be in some sort of shop or public space and discretion is allowed to be used in such circumstances. their are exceptions to loading bays, double yellows etc, i myself are excempt from parking tickets, loading times do not apply to my vehicle, the only places i cannot park are white zigzags

 

Really? Are you a member of the Royal Family or something? Even BB holders cannot park in loading bays so do enlighten us.

[Jamberson]

Yes, I would agree but i'm concerned about the alleged assault.

 

Apparently more concerned than the OP is. This was a female CEO, trying to escape a confrontation, and CEOs are assaulted (really assaulted, not just pushed) every week.

[sailor sam]

Apparently more concerned than the OP is. This was a female CEO, trying to escape a confrontation, and CEOs are assaulted (really assaulted, not just pushed) every week.

 

Not at all, I couldn't give a toss personally. BUT if it had happened to me exactly as the OP describes (although I wouldn't be parked in a loading bay in the first place) and I had it 'captured', I would be taking it further. The fact it was a female would be irrelevant.

[Jamberson]

Maybe she has rent to pay. Maybe she is in debt. Maybe she has a kid to bring up, which she's trying to do by doing this unpleasant job every day?

 

How about trying to get her sacked then, for a "push" while she had a camera sticking in her face? Fantastic idea.

[sailor sam]

Maybe she has rent to pay. Maybe she is in debt. Maybe she has a kid to bring up, which she's trying to do by doing this unpleasant job every day?

 

How about trying to get her sacked then, for a "push" while she had a camera sticking in her face? Fantastic idea.

 

Maybe in that case she should of either ticketed both vans or neither one at all. Maybe we don't know the full story, maybe the other van belonged to her husband...

[sgtbush]

Really? Are you a member of the Royal Family or something? Even BB holders cannot park in loading bays so do enlighten us.

 

apart from the fact that i would not say what i do in a public forum

i cannot say excatly what i do, but i work for the home office. that is all im allowed to say

[knowusebruce]

I did not shove a camera into her face at all. i was calm, polite and simply asked her to quote the law which states that vehicles working on fire alarms are exempt from tickets when parked in loading bays. she said she could not be expected to know the law. i disagreed as her only job is to uphold traffic laws.

 

she then told me that she is allowed to use her discretion.

 

At this point i thanked her for her time and attempted to make a recording of her badge number. she refused to allow me to do so and pushed my phone (camera) into my chest and walked of very quickly into the crowd.

 

 

i have emailed the council asking about their complaint procedures but i have no doubt that it will either be ignored or the warden will claim i assaulted her instead. thats the way it works

[sailor sam]

apart from the fact that i would not say what i do in a public forum

i cannot say excatly what i do, but i work for the home office. that is all im allowed to say

 

Why say anything at all then? "I'm exempt from this, exempt from that, can park where I like...":???:

[sailor sam]

I did not shove a camera into her face at all. i was calm, polite and simply asked her to quote the law which states that vehicles working on fire alarms are exempt from tickets when parked in loading bays. she said she could not be expected to know the law. i disagreed as her only job is to uphold traffic laws.

 

There is no exemption. However, contractors can obtain a parking permit from the LA if they need to park their vehicle close to where they are working and can satisfy certain criteria.

 

she then told me that she is allowed to use her discretion.

 

Yes she is, but she has to be totally un-biased.

 

At this point i thanked her for her time and attempted to make a recording of her badge number. she refused to allow me to do so and pushed my phone (camera) into my chest and walked of very quickly into the crowd.

 

You didn't need to 'record' her badge number, it would be shown on the ticket. However, you are entitled to film/take pictures in a public place providing you don't release footage of a person without their permission in a public domain.

 

 

i have emailed the council asking about their complaint procedures but i have no doubt that it will either be ignored or the warden will claim i assaulted her instead. thats the way it works

 

They have a duty to investigate a complaint. But personally had this happened to me in the circumstances you describe, I would done so by personal visit and shown them any 'evidence' I had.

[Jamberson]

Just get over it. You parked where you shouldn't have, and got a PCN. Just move on.

[green_and_mean]

I just love these forums!

[knowusebruce]

Maybe she has rent to pay. Maybe she is in debt. Maybe she has a kid to bring up, which she's trying to do by doing this unpleasant job every day?

 

How about trying to get her sacked then, for a "push" while she had a camera sticking in her face? Fantastic idea.

 

This argument does not wash with me. i have bills to pay as well and losing £35 out of my weeks wages means the difference in seeing my son or not. its that simple.

 

nobody is forced to become a CEO. you know the "dangers" you will face when you take up the job.

 

she could have used her discretion by reading the sign on my dashboard that said "cleaning super drug and problems call ....... " and asked me to move but she did not. she chose to ticket my vehicle and not the other.

[Jamberson]

You aren't allowed to park there. You got the PCN fair and square. Pursuing her now as retribution is just vindictive. You were at fault, not her and what's more you went looking for her and challenged her an hour later, while filming her. That's both aggressive and threatening. Leave the girl alone and get on with your life.

[Michael Browne]

 

nobody is forced to become a CEO. you know the "dangers" you will face when you take up the job.

 

Equally, nobody is forced to become a cleaner. you know the "dangers" you will face when you park illegally

 

she could have used her discretion by reading the sign on my dashboard that said "cleaning super drug and problems call ....... " and asked me to move but she did not. she chose to ticket my vehicle and not the other.

 

She probably did read your notice and came to the conclusion that cleaning is not loading.

[green_and_mean]

She probably did read your notice and came to the conclusion that cleaning is not loading.