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PCN on a double yellow while loading/unloading, it was outside of the the "no loading/unloading" times
chopperdave
post Wed, 23 Jan 2019 - 07:44
Post #1


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Member No.: 102,055



Hi,

yesterday I got a PCN while collecting an order on behalf of Ubereats. I parked on the double yellow as I believed I was covered under the loading/unloading. I got a ticket within 3 minutes. It was outside the restricted no unloading/loading time.

I appealed informally and this is the councils' reply:


"Thank you for writing to us regarding the above Penalty Charge Notice and enclosing a job
sheet.
We have carefully considered what you say but we have decided not to cancel your Penalty
Charge Notice.
You were given a Penalty Charge Notice for parking on a double yellow line. Double yellow
lines mean no parking at any time, except to load or unload. However, the Civil Enforcement
Officer watched your vehicle and saw no loading or unloading taking place. Because the rule
applies 24 hours a day, seven days a week, double yellow lines do not need to be
accompanied by a sign.

Any loading or unloading needs to be carried out and then the vehicle moved straight after. For
example, drivers are allowed time to carry goods or equipment into a building, but not time to
install or unpack them. It seems you were parked for longer than you needed for the loading or
unloading that you did
. Also, the Civil Enforcement Officer watched your vehicle and saw no
loading or unloading taking place"

I can't understand how the enforcement officer can observe and issue a ticket in 3 minutes and then they say I stayed longer than I needed to unload.

I am attaching a picture of the ticket and the Ubereats waybill if that will help. I submitted these documents on my appeal but it did not change their mind.

I appreciate any help you can provide.

Thank you.








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This post has been edited by chopperdave: Wed, 23 Jan 2019 - 08:12
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post Wed, 23 Jan 2019 - 07:44
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cp8759
post Thu, 21 Feb 2019 - 15:49
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QUOTE (chopperdave @ Thu, 21 Feb 2019 - 15:15) *
QUOTE (cp8759 @ Thu, 21 Feb 2019 - 15:07) *
QUOTE (chopperdave @ Thu, 21 Feb 2019 - 15:02) *
I will be providng a screenshot of the delivery/collection details I was undertaking. Also the fact that I was back to my car within 3 minutes.

As long as you provide evidence of a commercial delivery for UberEats, they will probably cancel.


Even though they rejected the same evidence when I unofficially appealed?

They have a duty to consider formal representations afresh and with an open mind. The fact that informal reps were previously rejected is not a relevant consideration.

Besides, ultimately I would have thought the tribunal would accept you were engaged in a commercial delivery and it's the tribunal's view that counts.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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chopperdave
post Thu, 21 Feb 2019 - 21:32
Post #42


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QUOTE (cp8759 @ Thu, 21 Feb 2019 - 15:49) *
QUOTE (chopperdave @ Thu, 21 Feb 2019 - 15:15) *
QUOTE (cp8759 @ Thu, 21 Feb 2019 - 15:07) *
QUOTE (chopperdave @ Thu, 21 Feb 2019 - 15:02) *
I will be providng a screenshot of the delivery/collection details I was undertaking. Also the fact that I was back to my car within 3 minutes.

As long as you provide evidence of a commercial delivery for UberEats, they will probably cancel.


Even though they rejected the same evidence when I unofficially appealed?

They have a duty to consider formal representations afresh and with an open mind. The fact that informal reps were previously rejected is not a relevant consideration.

Besides, ultimately I would have thought the tribunal would accept you were engaged in a commercial delivery and it's the tribunal's view that counts.


Thank you for your help. I sent the formal appeal, I will just wait for their reply and update here then.
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jakub
post Fri, 7 Jun 2019 - 00:41
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Hi mate, hope it all went good; do you have an update? mellow.gif
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Gert
post Fri, 7 Jun 2019 - 09:08
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Ideally a different and logical employee would deal with the formal reps. A distinction needs to emphasised between someone collecting their own take away order and someone collecting a take away for a customer as part of a business transaction. You could mention the nature of loading evolving to include the food industry.

It may be worthwhile highlighting that you only parked there in response to a notification to collect a delivery. You were there only as long as was necessary. You weren't idly parked there waiting for an order to be placed, in much the same way as a taxi parked at a rank is. So say you received the digital notification to attend xxx restaurant at xx.xx to collect a food delivery for (address). You parked at yy. yy, you walked however far to the restaurant and ollected the prepared food, completed whatever checks and paperwork as are customary then walked back to the vehicle at zz.zz. I immediately drove off to complete the delivery.

Ask the LA to consider this as loading and based on the evidence an exemption for loading applies.
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