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PCN Unloading in Loading Bay for Goods Vehicles Only
User567
post Tue, 5 Jun 2018 - 13:44
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Hello,

I have received a PCN whilst unloading goods from my hatchback vehicle in a Loading Bay "Goods Vehicles Loading Only".
I have a receipt to prove that I used the loading bay to unload and return the goods to a nearby business.
My vehicle was stationary for no longer than 7 minutes.
Once I had returned back to my vehicle, the PCN was left attached to my windscreen.
The PCN contravention code is: 23 parked in a parking place or area not designated for that class of vehicle.

Can I appeal this based on grounds the contravention did not occur?

Please see attached google maps link, photos of the PCN and the loading bay signage:

Google maps link: Google Maps

PCN



SIGNAGE


Thanks in advance!

This post has been edited by User567: Tue, 5 Jun 2018 - 14:09
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post Tue, 5 Jun 2018 - 13:44
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User567
post Mon, 10 Sep 2018 - 08:16
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**UPDATE**

Hi Guys, I have now received a second rejection for my appeal. Please see the attached letter below:



Please can someone guide me as to what steps should be taken next.
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cp8759
post Mon, 10 Sep 2018 - 11:47
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Did you ever get a Notice of Rejection after you sent formal representations?


--------------------
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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hcandersen
post Mon, 10 Sep 2018 - 13:17
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????????

You received a NTO dated ???? - please do not delete dates of notices, they’re vital.

You made reps after that date.

You called them a ‘second challenge’ but they’re not, they are formal reps from the recipient of the NTO.

Their letter dated ???? states they have already responded to your post-NTO reps.

So what the hell is this letter?

OP, you’re not giving us the full story.

How and when did you submit your post-NTO formal reps?
And then what happened?
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User567
post Mon, 10 Sep 2018 - 18:05
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***SORRY FOR ANY CONFUSION CAUSED***
Alleged Contravention on 04/06/18


Appeal sent on 16/06/18:


Appeal rejection letter dated 26/06/18:

QUOTE (User567 @ Fri, 29 Jun 2018 - 22:41) *
UPDATE:

The appeal has been rejected on the grounds that a contravention did occur and the PCN was issued correctly.

The letter received has been attached.

Can any one advise on the next steps please.




TIA


NTO recieved dated 27/07/18:


This was my response to the NTO sent on 22/08/18:

Dear Sir or Madam,


Parking ticket number: *********

Vehicle registration number: *******


On 04/06/2018 my vehicle (*******) was issued with a Penalty Charge Notice (PCN) for the reason of Contravention code 23 – Parked in a parking place or area not designated for that class of vehicle. I would like to submit an appeal on the basis that the council has committed a procedural impropriety by failing to consider my representations, and considering the wrong regulations. The alleged contravention did not occur, the ticket was wrongly issued and there are mitigating circumstances to explain why my vehicle was stationary when the PCN was issued. Please see my detailed reasoning below:


· The council have failed to consider the relevant regulations and it has therefore failed in its duty to consider the relevant legal framework.

o The council has asserted in its rejection letter that a goods vehicle is defined in regulation 4 of the TSRGD, but regulation 4 says: "Authorisations 4. Nothing in these Regulations limits a power of the Secretary of State, the Scottish Ministers or the Welsh Ministers to authorise a sign under section 28(4) or 64 of the 1984 Act." (http://www.legislation.gov.uk/uksi/2016/362/part/1/regulation/4/made)


· The Civil Enforcement Officer (CEO) made an error

o The regulations require a PCN fully informs the reason a council believe a penalty is due. In this case, the PCN states "Parked in a parking place or area not designated for that class of vehicle". By failing to state the class or classes that may park, I cannot know from the PCN if a contravention occurred or not. The contravention code list published by London Councils, recognising this requires that a suffix is required to fully describe the contravention. In failing to apply a suffix the PCN fails to describe the reason for the penalty and also fails to comply with the requirements of London Council to issue a valid PCN. As per Mary Harding v Royal Borough of Kingston upon Thames (case reference 2160271291) the PCN is invalid if it does not specify for which class of vehicles the parking place was designated.

· I was unable to determine what the relevant parking restrictions were

o There was no clear signage to explain what they were. Please see attached evidence of the signage in place. I personally understood the sign to mean the loading bay could be used as long as the vehicle was being used to load or unload goods. With reference to section 192 of the Road Traffic Act 1988: “goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods. My vehicle can be considered to fall within the definition of “constructed” for the purposes of this exemption, whereby the seats can be folded to enable goods to be carried. Please find attached evidence from my vehicles handbook (pages 78-81) which details how my vehicle is constructed where the rear seat backrest is split and can be folded to expand the cargo area. The alleged contravention suggests my vehicle was parked in a parking place or area not designated for that class of vehicle, however the signage is confusing and does not make it clear which class of vehicle should use the bay for example a commercial van or lorry. In your response, you stated that a ‘goods’ vehicle must be constructed or adapted for the purpose. You further stated that “The following vehicles are NOT goods vehicles… Cars...” In as much as the CEO conducted any examination of my vehicle, this was purely external. In as much as a vehicle may be adapted, this could apply equally to internal adaptation as external. The authority must realise that their position is untenable here because an external examination could not reveal whether a vehicle had been adapted internally.


· The alleged contravention did not occur and I believe the CEO got it wrong.

o There are mitigating circumstances to explain why my vehicle was stationary. I was not parked inappropriately at the time the ticket was issued. This is due to the fact I used the loading bay to unload and deliver goods. I believed that this was classified as delivering and that my vehicle qualified as a goods vehicle. In any event, the PCN does not refer to loading, but alleges that my vehicle was of a proscribed class without explaining what and why. Your response to my challenge argued that in fact the contravention related to my vehicle not being a ‘goods’ vehicle. You then set out the legal test which the authority applied to determine whether a vehicle is a ‘goods’ vehicle. This test has no basis in law or logic and is therefore a procedural impropriety. My vehicle remained in place for 6 minutes to perform the unloading operation to move goods from my vehicle. With reference to section 192 of the Road Traffic Act 1988: “goods” includes goods or burden of any description. Please see attached the necessary paperwork of the mail order returns receipt from the local business as proof goods were handed over to the store. As such, it is shown it was necessary for my vehicle to be in that place to unload.

In addition, the stated contravention was ambiguous. I was unaware when receiving and challenging the PCN as to the exact meaning of the alleged contravention and therefore was unable to make a comprehensive submission at that time.


I look forward to receiving notification that the Penalty Charge Notice has been cancelled within 28 days.

================================================================================
=========

I have now received this rejection letter from the NTO dated 07/09/18:

QUOTE (User567 @ Mon, 10 Sep 2018 - 09:16) *
**UPDATE**

Hi Guys, I have now received a second rejection for my appeal. Please see the attached letter below:



Please can someone guide me as to what steps should be taken next.


This post has been edited by User567: Mon, 10 Sep 2018 - 22:33
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hcandersen
post Mon, 10 Sep 2018 - 19:32
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Dates, dates, dates.
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cp8759
post Mon, 10 Sep 2018 - 21:56
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Report everything with the dates.


--------------------
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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User567
post Mon, 10 Sep 2018 - 22:34
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Edited above with dates. Thanks
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cp8759
post Mon, 10 Sep 2018 - 22:43
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I suggest you contact the council first thing in the morning, explain that you have not received a notice of rejection, and then ask them:

A) Have they actually issued a Notice of Rejection, and
B) If they have, get them to send you a copy.


--------------------
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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User567
post Tue, 11 Sep 2018 - 08:28
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Hi Guys, I have spoken to the council this morning, they have said following letter dated on 07/09/18 is my second notice of rejection. Please see the attached letter below:



This post has been edited by User567: Tue, 11 Sep 2018 - 08:30
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cp8759
post Tue, 11 Sep 2018 - 10:41
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So ask them for the first rejection to your formal representations, this should include the online appeal code for the tribunal.


--------------------
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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User567
post Thu, 13 Sep 2018 - 08:48
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Member No.: 98,268



***FINAL UPDATE***

The PCN has now been cancelled due to a "processing error". I will be receiving a letter of confirmation shortly. Thank you to all of you for assisting me with my appeal.
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cp8759
post Sat, 15 Sep 2018 - 11:33
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I'm not at all surprised, I suspect a NoR was never issued and once they realised this, they had no real choice but to cancel.


--------------------
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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