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PCN for parking in a Goods Vehicles Only bay - should I pay?


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I am a newbie so apologies if I make any glaring omissions. I have spent the best part of this sunny afternoon trawling through other threads and my issue seems to fall into a grey area. I hope to learn from your expertise as to whether I should go to the adjudicator.

 

I took a number of items to the Oxfam charity shop in King Street, Hammersmith, which has a loading bay right outside the shop. I remained in the car while my husband unloaded the boot with heavy and bulky items including about 30+ books. We were there for less than a minute.

 

The bay is marked 'loading only' and there is a small sign which I didn't notice stating 'Goods Vehicles Only'. King Street is largely double yellow lines and zig zags, the Google streetview link is on the UK google site followed by:

 

/maps/@51.492575,-0.228324,3a,75y,231.58h,67.81t/data=!3m4!1e1!3m2!1smcMhzPp6Va_8KYEnFC5xFw!2e0

 

The reason why I appealed initially is:

 

  • I was unloading 'goods' as my charitable donations have a commercial resale value in Oxfam
  • I have a Mazda 6 (taxed as diesel rather than PLG) which is a five door hatchback with a huge boot - useful as I sometimes use this for loading goods in my shop
  • I had not ‘parked’ in the loading bay. I stopped and sat in the car with the engine running while the car was being unloaded (debateable, I know!)

In the rejection letter, LBHF further decreed that this bay is for the exclusive use of “…goods vehicles carrying out loading/unloading…in an area that …provides guaranteed deliveries to local premises”. Oxfam is a local business, I was unloading goods for commercial resale. I found on the LBHF website their definition of "Goods vehicles are vehicles classified as such by the Driver and Vehicle Licensing Agency (DVLA) and the Vehicle Operator and Services Agency (VOSA). The class of a vehicle is shown on the V5 registration document. Private cars, scooters, mopeds and motorcycles are not considered to be goods vehicles."

 

I am unsure I have much of a chance but I wanted to check before I gave in and paid. In the Notice of Rejection, they have given me 14 days in which to still pay at the reduced rate but if I go to the adjudicator, then only the full penalty will apply if I lose.

 

Hope you can help

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Sorry to say, I don't think you have much chance. Shame on the council, but they are right - if the bay's for goods vehicles, and you aren't a goods vehicles, then it's a fair cop. Actually, it's unfair, but you know what I mean.

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Thanks everyone for their help. It feels like it is more likely I will have to pay so I might just pay it while I have the option again to go for the reduced payment.

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