Waiting grace Period Options

[elvas]

Howdy all,

I got a pcn for stopping on a loading bay. I went into a shop on Turnpike Lane N8 for less than a minute and I came out and saw a traffic warden. I explained and he said ok. 3 days later i get a pcn through the post. It has a time on the pcn but not a from and to time. I was under the impression that there is a 3 minute grace period. Is this true, and if so can I fight it? Thanks

This post has been edited by elvas: Sun, 3 Jun 2018 - 18:41

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[DancingDad]

Post up the PCN and some details please.
As long as the CEO was reasonably certain you were not loading or (if relevant) in a goods loading bay with wrong vehicle, no observation time is needed.

There is no grace period, simply guidance

[elvas]

Ah ok, I'll post it tomorrow. Cheers

[Incandescent]

Something is wrong here ! You had a nice little chat with the CEO then get a PCN in the post ? The process under the TMA 2004 is that in order to issue the PCN by post a CEO must have started to prepare the PCN prior to serving it, but was prevented by the driver driving off before it could be served. This doesn't sound as if that scenario fits here. So if it were me, I'd be taking this all the way, because this is a clear procedural impropriety.

However, lets be clear - you did chance your arm on this one, didn't you ?

[elvas]

you did chance your arm on this one, didn't you ?


Don't know what that means.

PCN as requested

https://drive.google.com/open?id=1QLmSUz_qA...4yP0wOv-gh1-rgh
https://drive.google.com/open?id=1aFzJyp4Nb...ntNOcQf2S6HMK8V

[stamfordman]

Show us where you stopped on Google Street View.

You say you were in a loading bay but the contravention is 02, which is given for stopping on double yellow lines with a loading restriction.

'Chance your arm' means aiming to be lucky - by leaving the car where it could get a ticket. Or driving away thinking you wouldn't get a ticket.

The PCN says you drove off before the CEO could serve the PCN. is this true?

This post has been edited by stamfordman: Mon, 4 Jun 2018 - 14:53

[peterguk]

Don't know what that means.

It means you parked in a loading bay when not loading hoping you wouldn't get caught. But this time luck wasn't on your side.

[Neil B]

Where is the rest of the PCN?

[elvas]

51°35'22.7"N 0°06'22.0"W

outside this shop. As i said the ceo said ok so i left.

The loading bay is further back so it was a metered parking bay.

[cp8759]

Upload the council photos

[stamfordman]

The single yellow in the bays is operational from 6-7pm with a no loading restriction so at 18:12 it seems you are bang to rights on this - no observation time needed.

https://www.google.com/maps/@51.5897158,-0....3312!8i6656

[DastardlyDick]

The only defence I can see is that a Reg. 10 PCN shouldn't have been served as the CEO wasn't prevented from serving it under Reg. 9 at the time of the contravention.
Unfortunately, this will come down to your word against the CEOs at Adjudication - so, OP, what happened? Did you walk out of the shop and say 'excuse me why are you giving me a ticket? or was itrunning out of the shop shouting 'Oi you f-ing c- what the f- are you doing' before leaping into the car and driving off like something out of "The Professionals"?

This post has been edited by DastardlyDick: Mon, 4 Jun 2018 - 17:57

[elvas]

'Oi you f-ing c- what the f- are you doing' before leaping into the car and driving off like something out of "The Professionals"?

My recollection of the event is a bit hazy now but this does sound like something I'd do, not proud of it though!

In my defence he did say ok at first then the machine started printing but I was in the car at that point effing and blinding...


https://drive.google.com/open?id=1fqV-e-lAw...IDneasCDjF3uGeN

https://drive.google.com/open?id=1ikgko5LxB...dXdyUG7r80nZ7Bj

[Neil B]

'Oi you f-ing c- what the f- are you doing' before leaping into the car and driving off like something out of "The Professionals"?

My recollection of the event is a bit hazy now but this does sound like something I'd do, not proud of it though!

In my defence he did say ok at first then the machine started printing but I was in the car at that point effing and blinding...


https://drive.google.com/open?id=1fqV-e-lAw...IDneasCDjF3uGeN

https://drive.google.com/open?id=1ikgko5LxB...dXdyUG7r80nZ7Bj

Yeah well, thanks for confirming the postal PCN is legit and needs paying.

[elvas]

Neil, with that sort of attitude I'll never get off this pcn!

[cp8759]

Neil, with that sort of attitude I'll never get off this pcn!

We are not here to get anyone "off" anything, we're here to ensure that where the rule of law requires that a PCN be cancelled, the PCN be cancelled. If there is a legitimate reason why it should be cancelled, we will do all that we can to ensure that that is the outcome.

However in this case you acknowledge that you were parked in a loading bay and you imply you were not loading, you've now confirmed the regulation 10 PCN was correctly served and I cannot find any technical faults with it (no doubt others will double check), so there doesn't appear to by any legitimate ground of appeal. That being the case, unless there's a flaw in the Traffic Management Order that created the bay (very unlikely), the best course of action might be to pay the discounted penalty.

[stamfordman]

However in this case you acknowledge that you were parked in a loading bay and you imply you were not loading,

PCN is an 02 for yellow line/loading restrictions as bay not active at the time.

But OP looks bang to rights and the discount seems to be the best option.

[elvas]

So looking at the road sign it states;

No parking (and no loading) Mon - Sat 8 - 9am, 6 - 7pm

Parking control 9am - 6pm

In other words only the loading bays can be used after 6pm or before 9am and where I stopped was outside of the allowed parking even though I went to pick up a delivery which unfortunately hadn't arrived. I could get confirmation from the shop but I feel it won't help. Am I correct with this?

[cp8759]

So looking at the road sign it states;

No parking (and no loading) Mon - Sat 8 - 9am, 6 - 7pm

Parking control 9am - 6pm

In other words only the loading bays can be used after 6pm or before 9am and where I stopped was outside of the allowed parking even though I went to pick up a delivery which unfortunately hadn't arrived. I could get confirmation from the shop but I feel it won't help. Am I correct with this?

What were you meant to be collecting?

[Neil B]

So looking at the road sign it states;

No parking (and no loading) Mon - Sat 8 - 9am, 6 - 7pm

Parking control 9am - 6pm

In other words only the loading bays can be used after 6pm or before 9am and where I stopped was outside of the allowed parking even though I went to pick up a delivery which unfortunately hadn't arrived. I could get confirmation from the shop but I feel it won't help. Am I correct with this?

What were you meant to be collecting?

What does it matter; there were no loading bays?