Parking ticket - Whilst loading in Loading bay

[syderz]

hello all....

 

i got a ticket while stopped in a loading bay in hammersmith. the noice said

 

'PARKED IN A PARKING PLACE OR AREA NOT DESIGNATED FOR THAT CLASS OF VEHICLE'.

 

it does not say anything about me not suppose to parked in a loading bay. therefore as it doesnt specify what class of vehicle should be parked there, APPEAL!!!

 

this is my letter i hav just sent them... hope it helps. i will tell you my reply in due course...8)

 

from syderz

 

I am writing to you with regards to a Penalty Notice Charge issued by yourselves for the following:

‘Parked in a parking place or area not designated for that class of vehicle’.

This took place on 14th January 2008 at, ‘Loading Place – O/s 111 – 117 King St’, and was caught by camera operator HBF30.

I wish to appeal your decision to fine me. At no place by the side of the road does it specify what ‘class’ of vehicle should be parked in that area. It specifies ‘Loading Only’. I therefore have the right to park there should I be loading. There is nothing whatsoever in parking legislation that restricts loading/unloading exemptions to any class of vehicle.

My vehicle taxation code is PLG, Private/Light Goods Vehicle. This suggests that I can carry goods that will need loading or unloading.

Secondly, I was not ‘parked’ in the area. As you can see from the photograph, my lights were on and the engine was running. I am sat in the front driver’s seat. I was stopped there for around five minutes, not long enough to be considered as ‘parked’. I did not leave my vehicle at any point during my time in the loading bay.

Taking this information into account, I would like to bring to your attention that the ticket was issued unfairly and not warranted, and on this basis request that the Penalty Charge Notice is cancelled with immediate effect.

If this appeal is refused by yourselves, I would expect the 14 day payment notice to be re-started from your dated reply. Please confirm this. If I do not hear from you within 56 days from the date of this letter, I will consider the matter closed and the Penalty Notice cancelled.

Yours faithfully,

[Jesteruk]

Firstly you have admitted your guilt in your letter. the phrase

 

"I did not leave my vehicle at any point during my time in the loading bay. "

tells me you were not unloading or loading.

You will find that somewhere near the loading bay would be a sign stipulating loading by goods vehiles only. They do not have to have this but it helps.

i doubt very much if your appeal is successful with your current letter.

Try rewording to say you were collecting goods.. that might help..

next time dont park in a loading bay unless you are actually loading/unloading!

[Sidewinder]

I have to agree - you are admitting in effect to being 'parked' in a loading bay. Parking does not have to involve the driver leaving the vehicle. You will have been captured on CCTV which will show that no loading activity was taking place, so trying to say that you were collecting goods will not help at all if the film is produced, so probably not a good idea.

[green_and_mean]

Secondly, I was not ‘parked’ in the area. As you can see from the photograph, my lights were on and the engine was running. I am sat in the front driver’s seat. I was stopped there for around five minutes, not long enough to be considered as ‘parked’. I did not leave my vehicle at any point during my time in the loading bay.

 

What do you think the definition of parked is, if its not sat stationary in a bay for five minutes?

[Bernie_the_Bolt]

What do you think the definition of parked is, if its not sat stationary in a bay for five minutes?

 

What causes the confusion ios that people don't realise that under the legislation the terms "waiting" and "parking" are synonymous.

 

This is the relevant PATAS key case.

[patdavies]

I have to agree - you are admitting in effect to being 'parked' in a loading bay. Parking does not have to involve the driver leaving the vehicle. You will have been captured on CCTV which will show that no loading activity was taking place, so trying to say that you were collecting goods will not help at all if the film is produced, so probably not a good idea.

 

Leaving aside the CCTV angle for the moment,

 

Loading does not require the driver to leave the vehicle either

[patdavies]

You will find that somewhere near the loading bay would be a sign stipulating loading by goods vehiles only. They do not have to have this but it helps.

 

 

There may be a sign. Loading bays are restricted to certain classes of vehicle only if the TRO (and signage) states this. Otherwise, they may be lawfully used by any vehicle for the purpose of loading

[Flickster]

Hi,

 

I'm new to this forum and wondered if anyone can help me.

 

I own a business, and have a loading bay right outside my premises, this is marked as per legal markings and has a sign that states goods vehicle only.

 

I only have a car as part of my business, which does not have any markings, ie livery

 

I was loading my car in the laoding bay and a traffic warden appeared and told me to move it, as it was "the wrong kind of vehicle"

 

It was completely obvious to her that I was loading directly from my business, not shopping, but she still issued a ticket.

 

Is the type of vehicle a legal thing or have the council just made that up and do I have a valid reason to appeal the ticket please.

[green_and_mean]

Depends on the car really the definition is a bit vague a Ferrari or Smart car are unlikely to qualify where as a Volvo estate would.

[Flickster]

I drive a Rover 75, but I thought that the type of car was irrelevant as long as you were legally loading.

[green_and_mean]

I drive a Rover 75, but I thought that the type of car was irrelevant as long as you were legally loading.

 

No, hence the use of 'goods vehicle' on the sign. A goods vehicle is a vehicle built or adapted to carry goods an estate car fits the bill a sports car would not, between that it is a grey area.

[esparto100]

I am very wary of taking on anything on scrap where the rules are unclear so I asked Wandsworth to define what one of the signs mean as I got a ticket (issued via a camera operator known only as #4). It was a sunday and I went into a shop to pick up groceries. Quiet day etc etc. NOt much traffic and two weeks later we get the PCN.

 

TO get a better understanding of what I was so furious about I contacted Wandsworth Parking services and got a response below. Not clear at all, but that means there should be some room for argument... shouldn't it? I drive an estate car, so it technically meets the criteria of a goods vehicle (as would anything if we apply this definition "a burden of any description").

 

Again, second part open for argument. But less confident about challenging that one.

 

Above all else what gets me is the fine applied for a minor infraction would pay my families food bill for a week and is completely disproportionate. At the same time, it inconvenienced no-one, thirdly we had no idea we were being watched by a video camera, finally we had no idea there was this restriction.

 

Dear Mr P,

 

The definition of "goods vehicle" below is from the Traffic Signs Regulations and General Directions 2002. Please note however, that if the sign you saw was in Wandsworth, the Traffic management Order for the bay may well stipulate that the vehicles allowed to park there should not be drawing a trailer.

 

“goods vehicle” means a motor vehicle or trailer constructed or adapted for use for the carriage or haulage of goods or burden of any description;"

 

The definition for "loading" below comes from "The Parking Guide to Wandsworth".

The regulations allow drivers to park for a short period for the purpose of delivering or collecting goods or for loading and unloading. This does not mean stopping to buy a newspaper, nor does it cover choosing and paying for goods. The vehicle involved does not have to be a goods vehicle, but the use of the vehicle must be necessary for the loading and unloading, and not merely convenient. For example, it may not be necessary to stop immediately outside a shop to collect a small item even if it is convenient, whereas it would be necessary to stop there for a heavy item that could not easily be carried far.

 

 

 

I hope this is helpful.

 

Regards

Clare Harris

Parking Policy

[dali]

also got the ticket on the loading bay 21:30 evening.parked in a parking place or area not designated for that class of vehicle.just wondering i could not see time for the restriction ont he sign..?is that legal..?that confused me a lot that evening..

[dali]

would that mean that people cant park there any time?

[sailor sam]

would that mean that people cant park there any time?

 

If the sign mentions 'goods vehicle' and you are in a normal car then yes.

 

This, by the way is an old thread. I suggest if you want detailed help and advice that you start your own thread.

[Sandy Alexander]

Hi there,

 

I am wondering if you could give me a bit of advice.

 

I got a penalty charge notice on Hakney Road in London outside Tesco Metro for 'Parking in a loading place during restricted hours without loading.'

 

This may frustrate some people and perhaps i was a bit naive but i parked there as it is right outside the Tesco Metro as the bays say 'Loading Only.' I assumed as i was loading my car with shopping from the Tesco that i could park there. I was probably a maximum of 5 minutes and can clearly be seen from the photographic evidence provided by Tower Hamlets loading the car. The car is an X-Trail so perhaps could fall into some of the points covered in this thread. Am i right in understanding from this thread that the law does not determine what can and can't be loaded?

 

I have appealed it but as it conveniently takes Tower Hamlets up to 56 days to respond, if it is rejected i will be liable to pay the full fee of £130.

 

I had previously parked there many times and just assumed as they were right outside the doors of the Tesco Metro that they were to be used by shoppers. As i said the bays say 'Loading Only' and not 'Commercial goods' only or 'heavy goods only' and i feel that it is very misleading. It is only made the more frustrating as there was single yellow lines i could have parked on less than a metre away in fact the street was empty, i could of parked anywhere but just perhaps misunderstood what Tower Hamlets are thinking when stating 'Loadin Only and of course the 5 minute park had no effect on anybody whatsoever.

 

Any help would be greatly appreciated.

[honeybee13]

Hello there.

 

Is this ticket from the police or local authority? If it is, your post needs moving to the right forum, which I can do.

 

My best, HB

[Sandy Alexander]

It's from the Local Authority Tower Hamlets - sorry if i've posted it in the wrong place.

[sailor sam]

It's from the Local Authority Tower Hamlets - sorry if i've posted it in the wrong place.

 

You should start your own thread... this one is 5 years old!