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Parking Across Loading Bay - sign not visible
geordiemike
post Thu, 7 Nov 2019 - 11:21
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Hi All

I parked in an area where there is apparently a loading restriction

(Code 02 : Parked or loading / unloading in a restricted street where waiting and unloading/unloading restrictions are in force)

believing that the restrictions wouldnt apply on a Sunday (wrongly or rightly)

Nevertheless, amongst other things, the sign was not visible to me as I parked, and I later found out that the sign was actually turned towards the pavement rather than the road (see photos)

Do i just have to suck this one up?

Many thanks






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post Thu, 7 Nov 2019 - 11:21
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stamfordman
post Thu, 7 Nov 2019 - 11:36
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Wrong contravention - you were partly in a loading bay and not on a yellow line with loading restrictions.
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DancingDad
post Thu, 7 Nov 2019 - 11:58
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QUOTE (stamfordman @ Thu, 7 Nov 2019 - 11:36) *
Wrong contravention - you were partly in a loading bay and not on a yellow line with loading restrictions.

Agreed. They cannot rely on the yellow lines on the other side of the street, apply to centreline of highway.
Must admit to a WTF moment on how you parked but can see why it seemed sensible.
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cp8759
post Thu, 7 Nov 2019 - 16:45
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Hard to see how you could lose on this one, as you were not parked where there are any loading restrictions. For future reference, if you park like this the CEO could issue a PCN for not parking wholly within the bay, which you'd have no defence to. This would apply even if you were in fact loading. Draft representation:

-------

Dear North Essex Parking Partnership,

As the CEO's photos will confirm, I was not parked at a location where loading restrictions are in force, in fact quite the opposite is true: I was parked in a loading bay. It follows that the alleged contravention did not occur and the PCN must be cancelled.

Hugs and kisses

This post has been edited by cp8759: Thu, 7 Nov 2019 - 16:45


--------------------
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.
No, I am not a lawyer.
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geordiemike
post Fri, 8 Nov 2019 - 00:36
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Thanks All!

"Must admit to a WTF moment on how you parked but can see why it seemed sensible." - yes its a bit daft but the drivers park at the diagonal like that all the way along. We just got gazumped on that day ohmy.gif


btw does it make any difference that the sign was facing the wrong way towards the pavement rather than towards the road?

This post has been edited by geordiemike: Fri, 8 Nov 2019 - 00:39
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DancingDad
post Fri, 8 Nov 2019 - 00:52
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QUOTE (geordiemike @ Fri, 8 Nov 2019 - 00:36) *
Thanks All!

"Must admit to a WTF moment on how you parked but can see why it seemed sensible." - yes its a bit daft but the drivers park at the diagonal like that all the way along. We just got gazumped on that day ohmy.gif


btw does it make any difference that the sign was facing the wrong way towards the pavement rather than towards the road?


No, because they are not relying on that sign or anything to do with the loading bay.
The contravention they cite can only come from Yellow Lines with Yellow Kerb Blips within any restricted hours.

Street view is out of date but it is here
https://www.google.co.uk/maps/@51.8877114,0...3312!8i6656

This post has been edited by DancingDad: Fri, 8 Nov 2019 - 00:56
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stamfordman
post Fri, 8 Nov 2019 - 00:53
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The sign is not really relevant except as CP says to show the opposite of what they say you did. Just challenge with his short and sweet text as above.
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geordiemike
post Fri, 8 Nov 2019 - 08:40
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Thanks, have done it

Hoping they will just OK this at the Informal Challenge instead of taking it to the next stages but I am not holding my breath. The problem is there is no censure for them if they just turn down every single informal challenge

Does anyone know how many / which councils are good at accepting informal challenges?

Best
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stamfordman
post Fri, 8 Nov 2019 - 08:45
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They often reject informal challenges but in this case it's simply the wrong contravention and it would be hard for them to do so without looking very silly.
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Mad Mick V
post Fri, 8 Nov 2019 - 14:13
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Was a loading bay in 2017 but markings were poor.

https://www.google.com/maps/place/Crouch+St...#33;4d0.8932305

Mick

This post has been edited by Mad Mick V: Fri, 8 Nov 2019 - 14:17
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stamfordman
post Fri, 8 Nov 2019 - 14:34
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QUOTE (Mad Mick V @ Fri, 8 Nov 2019 - 14:13) *
Was a loading bay in 2017 but markings were poor.


It's a loading bay now...
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