Help!: PCN received for using Loading Bay - Brent Council Options

[S1ngh]

Good day all!

I received a Penalty charge notice on XX/XX/2021 at 20.22 from Brent Council. "The contravention code was 25 - Parked in a loading place during restricted hours without loading. The vehicle was observed between 20.16 - 20.22."

The car was parked in that loading bay, to unload large boxes from the car and move these to the tall building where the parking bay was directly outside of. I popped out at 20.19 to see the CEO and spoke with him. I explained the situation to him and he saw the boxes were visible in the backseat, and boot when it was open. We also had a moving trolley present. He said the ticket was already issued and I should just appeal and he will put it in his notes.

Luckily the building staff were kind enough to issue me with a letter confirming that I was indeed using the bay correctly as per the sign, confirming I was using the bay to move goods from the car to the building between the times stated. They also confirmed I did not overstay.

I appealed on the above basis, providing the letter from the company that owns the building to confirm my case. The appeal was rejected (I don't think they even read the letter from the building manager attached in the appeal), with the following explanation;


NOTICE OF REJECTION OF INFORMAL CHALLENGE
I write with reference to your recent correspondence received in connection with the above Penalty
Charge Notice (PCN).

Your informal challenge has been considered by this office in accordance with the requirements of the
Traffic Management Act 2004. After a careful consideration of the grounds you have made and all other
related circumstances, the decision has been made not to cancel your PCN.

The reason for the rejection may be summarised as follows:
Your vehicle was seen parked in a loading place during restricted hours without loading. Although you
have stated that loading was taking place, the Civil Enforcement Officer did not see any evidence of
loading activity-taking place at the time of contravention.

The vehicle was observed for 6 minutes.

During the restricted hours of the bay, it should only be used for vehicles actively involved in loading or
unloading. You may only stop at the above location to load/unload, such loading must be continuous,
and when completed, the vehicle must be moved to a legal parking space). Loading must also be
adjacent i.e. next to or outside the point of delivery/collection.

Essentially loading (in a non-commercial context) is the operation of transferring, to or from a vehicle,
goods that require the use of a vehicle to transport them. The Civil Enforcement Officer observed that
the vehicle was parked in the bay not conforming to the specific use of that bay and correctly issued a
PCN no loading/unloading was seen taking place therefore Brent Council is satisfied that the PCN was
correctly issued.

We will reconsider your case if you send us a delivery note, a receipt/invoice for goods or a job sheet.
You need to do this within 14 days of the date of this letter. Please send a photocopy (not the original)
and quote your PCN number (see above).
I have enclosed the photographs taken at the time the contravention occurred for your information.

As you can see, the vehicle was only observed for 3 minutes, where the sign states up to 40 mins. The building I was taking the large boxes into was a large building and I had to go up to the 13th floor. Surely it's unreasonable for them to think I can unload goods in 3 mins let alone 6!

I have the letter at hand from the company which I don't think they reviewed.

Please could anyone help with what I should do next? I am at a loss here...

Thank you all,





This post has been edited by S1ngh: Wed, 22 Sep 2021 - 15:03

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[PASTMYBEST]

Typocal council BS wait for the NTO them submit a formal representation but in the meantime post the PCN and council photos

[stamfordman]

Yes wait for NTO but who is the registered keeper of the car. Is it leased.

[hcandersen]

I would write back now.

Dear Sir,
PCN No.*************; VRM ******

I refer to the above, my challenge and your response dated *****.

In particular, I refer you to the following passages from your letter:

You may only stop at the above location to load/unload, such loading must be continuous,
and when completed, the vehicle must be moved to a legal parking space). Loading must also be
adjacent i.e. next to or outside the point of delivery/collection.

Essentially loading (in a non-commercial context) is the operation of transferring, to or from a vehicle,
goods that require the use of a vehicle to transport them.....

I also refer you to the following extract from Case No.2140139666 held on the Tribunal list of Key Cases:

a Traffic Management Order which allowed a vehicle to park only whilst loading/unloading would not allow it to deliver or collect. The delivery driver would, under the terms of the order be allowed only to unload his goods but not to deliver them. This is self- evidently absurd.
(my emphasis)
I invite the council at this early stage to reconsider its understanding of the meaning of loading etc. and to understand that the exemption applies to the activity of unloading as well as the inevitable consequential process of delivering which, by definition, takes place away from the vehicle and that there is no distinction, such as the council is seeking to draw, between a commercial and non-commercial context.



Yours

[S1ngh]

Typocal council BS wait for the NTO them submit a formal representation but in the meantime post the PCN and council photos

Hello mate,

Please see the below images attached for PCN.

Just to add, I am in the 9th picture (top right of the picture, where I have boxes and trolley on the floor which was conveniently missed out of the photo shot). I also had boxes on the back seat of the car where the CEO has also not taken the pictures of these.

Yes wait for NTO but who is the registered keeper of the car. Is it leased.

The registered keeper is my mother. The car is not leased, I was just borrowing it for the day to help move my girlfriend into her uni accomodation.

This post has been edited by S1ngh: Wed, 22 Sep 2021 - 15:13

[Neil B]

These are the kind where we have to make complaints against, here, the author of the rejection and the cEO.
Give them a headache or this will never stop.

[cp8759]

These are the kind where we have to make complaints against, here, the author of the rejection and the cEO.
Give them a headache or this will never stop.

+1, do not let this one go when they cancel the PCN.

[S1ngh]

These are the kind where we have to make complaints against, here, the author of the rejection and the cEO.
Give them a headache or this will never stop.

Thank you to you all who kindly replied.

Could you please confirm who I would complain to? Would it be the council or another body? Sorry if I sound daft, I've never done this before

[PASTMYBEST]

Hold Fire on any complaint until the PCN is cancelled. The NTO will be in your mothers name and a representation would be in here name You can do it with her written authority


Once the PCN is dealt with then we can then move on to helping you with a complaint

[Gert]

It would be judicious to include evidence of the tenancy start date of your girlfriend's property to further demonstrate why you had parked at that location at that time. If it shows a13th floor address so much the better.

[S1ngh]

Hi all,

thank you for all your help so far!

I now received the NTO - attached. Could you please kindly advise on how to appeal this?

Apologies for the short notice and late response, the letter is dated 22 october but i did not receieve it until the 4th and I've been sick recently so was unable to upload it.

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[cp8759]

You have until midnight on Monday to make representations. Don't rush, but whatever you do do not miss the deadline.

For now start by putting a draft challenge on here for review.