PCN for using loading bay

[edjama]

HI,

 

I recently received a PCN from Rochdale council. I had some document bundles to collect from a solicitors office and used a loading bay at the rear door. Parking at the front was not an option as I would be causing an obstruction. I then had to walk around to the front door,  wait for the solicitor to come from her office and walk back to my vehicle. I was away around 8 minutes in total. I have received a PCN for this with the warden having watched my car for 5 mins. The council have rejected my appeal on the grounds I was actually loading my car.

 

Have I got grounds to go to a tribunal, or should I pay the lower fee within 7 days?

[Michael Browne]

The generally accepted definition of the loading exemption is where the goods being delivered or collected were heavy, bulky, or numerous and it would be unreasonable to expect them to be carried from ‘legal’ parking place.

 

It's unlikely that an adjudicator would allow that collecting a bundle of documents constitutes loading.

 

Discount looks attractive.

[Jamberson]

There's no seven-day deadline on a council PCN. Normally the discount is applied right up to the 28 days when a Notice to Owner is issued.

 

I think you should appeal, bearing in mind the points Michael rasies about the nature of the items. You can legitimately use a loading bay for loading (provided there's no vehicle type restriction), if you can convince them that's what you were doing.

 

 

[odds]

On 05/08/2019 at 11:04, Michael Browne said:

The generally accepted definition of the loading exemption is where the goods being delivered or collected were heavy, bulky, or numerous and it would be unreasonable to expect them to be carried from ‘legal’ parking place.

 

I acknowledge your experience in such matters, but what is "generally accepted" ? and who is it generally accepted by ?
If you have to park up and walk through a busy shopping precinct to collect something, liaise with the customer and then run back within 10 minutes, just because someone seen no activity in X amount of minutes does not constitute a breach of the parking restrictions,where no limits are set.

 

It's unlikely that an adjudicator would allow that collecting a bundle of documents constitutes loading

Why is that ?  The driver may have had to wait for the client to make sure everything was ready for collection and then to return to his vehicle an unspecified time limit for loading or unloading.

 

On 05/08/2019 at 11:04, Michael Browne said:

Discount looks attractive.

 

[Jamberson]

Michael is right - loading is loading - putting goods into a vehicle, not merely holding something in your hand while you get into your car. Who is the definition generally accepted by? Councils, CEOs and adjudicators. If there was a grey area you would have to argue it at adjudication.

 

It is true that associated acts including waiting are taken into account, but that's only meaningful if actual loading does take place, and even then it's not a given in all cases.

 

 

[Michael Browne]

8 hours ago, odds said:

If you have to park up and walk through a busy shopping precinct to collect something, liaise with the customer and then run back within 10 minutes, just because someone seen no activity in X amount of minutes does not constitute a breach of the parking restrictions,where no limits are set.

You're right, it doesn't per se, but it does if you're in a loading bay without actually loading and collecting a bundle of documents does not IMO constitute loading.