HELP!! PCN for Private Hire Taxi in loading bay

[Angelheart0604]

Hi,

I am looking for some guidance.

 

My partner who has a private hire cab stopped outside a restaurant and went in looking for a customer (not realising that it was in fact a loading bay).

 

Came out to find a ticket on the car.

The PCN states that the offence code is 02 'Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force'.

This is under s78 civil enforcement of parking contraventions under the traffic management act 2004.

 

The time the contravention was observed was only 1 minute.

I am just wondering if he has any grounds to appeal this.

The time was 17:52.

We will go past and look at the signage tomorrow but this is what is showing on google street view (realise this may have changed since).

[Hungrydoug]

ICBW but you're not allowed to have the double arrow like that on restriction signs, there shouldn't be any arrows on that sign if it's in the middle of a bay. The permitted variants in the regs says that "An arrow may be added pointing to the left or to the right." So if the sign is as shown, then it may be non-prescribed.

[Jamberson]

Depends where it is in relation to the bays. We'd need a broader view of the street and pole.

[Angelheart0604]

Ok will go there and take a pic of the bay and signage and post it up. Thanks for your messages.

[Jamberson]

Or give us the location - it's probably the same on Google Street View.

[Angelheart0604]

Or give us the location - it's probably the same on Google Street View.

 

It’s on Gloucester Road in Bristol outside a shop called Area 51. Thanks

[Michael Browne]

https://goo.gl/maps/VJCz8RCBjzw

[Jamberson]

Hungrydoug is probably correct about the arrows, but may be overstating it when he says "not allowed". I think the sign is probably at variance with the standard design, but the de-minimus principle might apply, since the non-compliance does not introduce ambiguity. You could try an appeal on that basis, non-compliant signs, and see what happens. There are no other obvious avenues open.

[ericsbrother]

Also setting down and picking up is allowed but generally you wouldnt be out of the vehicle so anotherway of challenging this is if the person being collected was incapacitated the it would be reasonable to leave the vehicle to help them in.

[Angelheart0604]

Depends where it is in relation to the bays. We'd need a broader view of the street and pole.

 

Here is a pic taken today of the sign and exact location of parking. Hope this helps...

[Jamberson]

The bay markings have changed since the Street View photo. It looks correct to me. Certain retrictions apply to the left, and certain to the right.

[Angelheart0604]

The bay markings have changed since the Street View photo. It looks correct to me. Certain retrictions apply to the left, and certain to the right.

 

I’m still confused though because if his car was there after 4:30pm on a weekday in the position of the car at the end of the bay, is it not the bottom sign that applies and therefore what’s the offence? Sorry if i’m sounding a bit stupid here!

[Michael Browne]

Bottom sign allows parking to the left up to 4.30pm. Then no waiting/loading between 4.30 and 6.30. Then after 6.30 unrestricted

[TheBogsDollocks]

Boarding and alighting is usually alllowed on a code 02 restriction. I suggest you explain that you are a taxi driver, you parked briefly to locate your customers and once they were located, they boarded immediately and you drove away and therefore your vehicle was parked only for so long as necessary to enable passengers to board as is allowed under the regulating traffic order and so the alleged contravention did not occur.