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Posted by: jdh Thu, 18 Feb 2021 - 12:38
Post #1618833

I challenged on the basis that I was loading (*) and the appeal was accepted however the reasons stated for acceptance are far from clear. The acceptance letter first states that they accept my explanation but then continues that the CEO issued it with the wrong code (should have been a 23 - wrong class of vehicle) and concludes with the disclaimer that they are cancelling it as a gesture of goodwill.

A win's a win I suppose.


(*) parked in loading bay as I was loading from premises in the adjacent pedestrian zone, the CEO was stood by the bay when I parked and he said that I could only park there if I was loading, nothing about a hard time limit or wrong class of vehicle. It took me 11mins in total to walk to the premises, get the stuff & walk back and the CEO was insistent that as the time limit for loading was 10mins he'd already issued the ticket. I asked him where that time limit came from as it wasn't on the timeplate and he said it was on his device and as he'd logged my arrival he had to issue the ticket when the device said so.

Posted by: cp8759 Fri, 19 Feb 2021 - 10:26
Post #1619040

Did the sign for the bay say goods vehicles only by any chance?

Never take a CEO's word for what the restrictions are, always check the signs.

Posted by: The Rookie Wed, 24 Feb 2021 - 20:09
Post #1620306

It’s not unusual for councils to set an arbitrary time limit when confirming if loading/unloading is on going, it’s a pain but to be fair is probably the only effective way to ensure the dispensation isn’t abused.

As CP says, some bays are for goods vehicles only so loading or unloading from a car is still a contravention.

Posted by: DancingDad Fri, 26 Feb 2021 - 21:56
Post #1620807

Or that the CEO actually made a note that you were loading.
And the council didn't want to admit that the PCN was only served because the machine insisted so went down the technical issue and goodwill gesture.
Which conflict anyway, if it was a technical issue such as wrong code, they have to cancel, even if spitting feathers about it. (not that all councils accept that they must cancel)
If it is goodwill, that suggests guilty but we are being nice today and using discretion to cancel.

Take the win

Posted by: cp8759 Sat, 27 Feb 2021 - 13:36
Post #1620863

I would make a complaint on the basis that the wrong code means they have no choice but to cancel, and goodwill doesn't come into it. It implies that if they'd been feeling less benevolent they could have enforced, this misunderstanding of the law on their part needs to be corrected.

Posted by: roythebus Sun, 7 Mar 2021 - 10:15
Post #1622495

I wonder how they would define a "goods vehicle"? By weight? Design? Vehicle type?

My partner owns a Discovery commercial, recorded on the V5 as such. from the outside it looks like a normal disco with blacked out windows. How would the average CEO know the difference between the passenger and goods versions?

Posted by: jdh Mon, 8 Mar 2021 - 14:59
Post #1622749

To answer a few queries, turns out it is a Goods Vehicle Only bay according to the plate, I was going by the road marking that said Loading Only and what the CEO said.
The status on https://lincolnshire.ckan.io/dataset/pcns is "CPE - pre NTO - cancel PA error" and it shows as appeal accepted.

There are 2 other PCNs given at the same location in the current reporting year, both paid at the £35 level, one is a code 23 and the other a code 25. Both are on the same day and 4mins apart.

Posted by: The Rookie Thu, 11 Mar 2021 - 14:10
Post #1623576

It's by vehicle type, it either is, or is not, a commercial vehicle.

While they may issue a PCN in error to your Disco commercial (Human error) they should cancel as soon as they become aware of the error. As a side note the Disco commercial had to be given a dispensation to be classed as such as nominally the 'Alpine lights' windows excluded it.

Posted by: jdh Sun, 14 Mar 2021 - 21:57
Post #1624277

I've always thought that a poorly thought out way of deciding who can and can't use those bay. I have a choice of vehicles at my disposal for example, I'd fall fall of the bay rules if I used my car to do a work job but I'd be OK if I took my van to do an entirely private one.