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Code 25, parked in a loading bay without loading
jdh
post Thu, 18 Feb 2021 - 12:38
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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.
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post Thu, 18 Feb 2021 - 12:38
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cp8759
post Fri, 19 Feb 2021 - 10:26
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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.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament.
No, I am not a lawyer. I do not charge any fees, please stop asking me what my fees are.
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The Rookie
post Wed, 24 Feb 2021 - 20:09
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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.


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DancingDad
post Fri, 26 Feb 2021 - 21:56
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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
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cp8759
post Sat, 27 Feb 2021 - 13:36
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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.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament.
No, I am not a lawyer. I do not charge any fees, please stop asking me what my fees are.
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