Code 25, parked in a loading bay without loading |
Code 25, parked in a loading bay without loading |
Thu, 18 Feb 2021 - 12:38
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#1
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Member Group: Members Posts: 1,705 Joined: 20 May 2004 From: Lincolnshire Member No.: 1,224 |
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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Thu, 18 Feb 2021 - 12:38
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Fri, 19 Feb 2021 - 10:26
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#2
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
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. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Wed, 24 Feb 2021 - 20:09
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#3
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Fri, 26 Feb 2021 - 21:56
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#4
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
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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Sat, 27 Feb 2021 - 13:36
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#5
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
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.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 7 Mar 2021 - 10:15
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#6
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Member Group: Members Posts: 6,963 Joined: 19 Dec 2006 From: Near Calais Member No.: 9,683 |
I wonder how they would define a "goods vehicle"? By weight? Design? Vehicle type?
My partner owns a Discovery commercial, recorded on the V5 as such. from the outside it looks like a normal disco with blacked out windows. How would the average CEO know the difference between the passenger and goods versions? |
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Mon, 8 Mar 2021 - 14:59
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#7
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Member Group: Members Posts: 1,705 Joined: 20 May 2004 From: Lincolnshire Member No.: 1,224 |
To answer a few queries, turns out it is a Goods Vehicle Only bay according to the plate, I was going by the road marking that said Loading Only and what the CEO said.
The status on Lincolnshire Penalty Charge Notices is "CPE - pre NTO - cancel PA error" and it shows as appeal accepted. There are 2 other PCNs given at the same location in the current reporting year, both paid at the £35 level, one is a code 23 and the other a code 25. Both are on the same day and 4mins apart. |
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Thu, 11 Mar 2021 - 14:10
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#8
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I wonder how they would define a "goods vehicle"? By weight? Design? Vehicle type? My partner owns a Discovery commercial, recorded on the V5 as such. from the outside it looks like a normal disco with blacked out windows. How would the average CEO know the difference between the passenger and goods versions? It's by vehicle type, it either is, or is not, a commercial vehicle. While they may issue a PCN in error to your Disco commercial (Human error) they should cancel as soon as they become aware of the error. As a side note the Disco commercial had to be given a dispensation to be classed as such as nominally the 'Alpine lights' windows excluded it. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 14 Mar 2021 - 21:57
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#9
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Member Group: Members Posts: 1,705 Joined: 20 May 2004 From: Lincolnshire Member No.: 1,224 |
I've always thought that a poorly thought out way of deciding who can and can't use those bay. I have a choice of vehicles at my disposal for example, I'd fall fall of the bay rules if I used my car to do a work job but I'd be OK if I took my van to do an entirely private one.
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