PCN on a double yellow while loading/unloading, it was outside of the the "no loading/unloading" times |
PCN on a double yellow while loading/unloading, it was outside of the the "no loading/unloading" times |
Wed, 23 Jan 2019 - 07:44
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#1
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Member Group: Members Posts: 16 Joined: 23 Jan 2019 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. Councils' images Location https://www.google.co.uk/maps/@51.4701563,-...6384!8i8192 This post has been edited by chopperdave: Wed, 23 Jan 2019 - 08:12 |
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Wed, 23 Jan 2019 - 07:44
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Thu, 21 Feb 2019 - 15:49
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#41
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
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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Thu, 21 Feb 2019 - 21:32
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#42
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Member Group: Members Posts: 16 Joined: 23 Jan 2019 Member No.: 102,055 |
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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Fri, 7 Jun 2019 - 00:41
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#43
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New Member Group: Members Posts: 1 Joined: 7 Jun 2019 Member No.: 104,187 |
Hi mate, hope it all went good; do you have an update?
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Fri, 7 Jun 2019 - 09:08
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#44
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Member Group: Members Posts: 838 Joined: 15 May 2019 Member No.: 103,884 |
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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