Unloading Claim Rejected |
Unloading Claim Rejected |
Tue, 28 May 2019 - 07:24
Post
#1
|
|
Member Group: Members Posts: 220 Joined: 30 Apr 2008 Member No.: 19,194 |
Hi All,
One of our vans got ticketed whilst unloading on non-restricted double yellow lines. We appealed with supporting evidence but this got rejected because the van was near a junction. Can anyone see anything incorrect about the council's letter before we pay? Cheers. |
|
|
Sat, 8 Jun 2019 - 09:41
Post
#2
|
|
Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Personally I would write back again.
Dear Sirs Ref PCN ???? Your Letter dated ???? Thanks for the further information but I am still struggling on ascertaining what cancels the general loading exemption on yellow lines relative to position near a junction. I need full information so I may consider further options. You kindly referred me to Traffic Management Act 2004, Schedule 7, Item 4(2)(a) and 4(2)(b) which I reproduce in full. "(2)The offences are— (a)an offence under section 64(3) of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) of causing a vehicle to stop on part of a road appointed, or deemed to have been appointed, as a hackney carriage stand; (b)an offence under section 5, 11, 16(1) or 16C of the Road Traffic Regulation Act 1984 (c. 27) (contravention of certain traffic orders) of contravening a prohibition or restriction on waiting, or loading or unloading, of vehicles;" Could you explain what Hackney Carriage Stand was present or signed as you seem to be reliant on this? Could you point out within Schedule 7(4)(2)(b) where distance from a corner is specified or the relevant legislation or Order which enables this section to be used? Could you also specify which signs were present to show that the standard loading exemption was not allowed? Many thanks for your continued efforts with this, I am sure you appreciate the need to be exact and to apply the correct legislation. Yours.... Hugs and Kisses. Up to you but being as they cite some legislation, I would call them on it now. |
|
|
Lo-Fi Version | Time is now: Friday, 29th March 2024 - 14:19 |