PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Code 25, parked in a loading bay without loading
jdh
post Thu, 18 Feb 2021 - 12:38
Post #1


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.
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 8)
Advertisement
post Thu, 18 Feb 2021 - 12:38
Post #


Advertise here!









Go to the top of the page
 
Quote Post
cp8759
post Fri, 19 Feb 2021 - 10:26
Post #2


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
Go to the top of the page
 
+Quote Post
The Rookie
post Wed, 24 Feb 2021 - 20:09
Post #3


Member


Group: Members
Posts: 56,196
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
Go to the top of the page
 
+Quote Post
DancingDad
post Fri, 26 Feb 2021 - 21:56
Post #4


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
Go to the top of the page
 
+Quote Post
cp8759
post Sat, 27 Feb 2021 - 13:36
Post #5


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
Go to the top of the page
 
+Quote Post
roythebus
post Sun, 7 Mar 2021 - 10:15
Post #6


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?
Go to the top of the page
 
+Quote Post
jdh
post Mon, 8 Mar 2021 - 14:59
Post #7


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.
Go to the top of the page
 
+Quote Post
The Rookie
post Thu, 11 Mar 2021 - 14:10
Post #8


Member


Group: Members
Posts: 56,196
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



QUOTE (roythebus @ Sun, 7 Mar 2021 - 10:15) *
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
Go to the top of the page
 
+Quote Post
jdh
post Sun, 14 Mar 2021 - 21:57
Post #9


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.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 13:35
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here