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Got parking fine while family was sitting in car, Fore street Enfield contravention 02
willy101
post Tue, 11 Feb 2020 - 11:47
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Hi there
I got this pcn on car while I parked only for few minutes and left family in car , I challenged this and they rejected by email,
I explained them following circumstances (I parked my car on single yellow I quickly went out to buy some stuff and water from opposite shop, and my partner called me to say there’s white van with cameras on stoped in front of us and start taking pictures of our car , I waived at him but he ignored and put yellow parking ticket on my front screen , she came out of car and told the person that I’m sitting in the car , but said don’t care. First of all this ticket time was 16:24 and the time it was sticked it was also 16:24, there’s a 5 minutes wait rule, which I can prove if it further goes , he should have waited 5 minutes before he attached the ticket. But he didn’t and immediately rushed through with this as he was fully aware that someone is sitting inside the car.)
they responded back via email :

(Our Ref: Your Ref: Tel:Website: Date:
EF10338041
LN13WJZ
03300 884798 (Payments) 02038 560054 (Enquires) (Mon-Fri 9:30am – 4:30pm)
https://parkingservices.itsvc.co.uk/enfield/notices/ 10/02/2020
Traffic Management Act 2004 and London Local Authorities Act 2000 Penalty Charge
Location of Contravention: FORE STREET N18

I refer to your letter received in connection with the issue of the above Penalty Charge Notice.
The Penalty Charge Notice was issued because your vehicle registration LN13WJZ was seen by Civil Enforcement Officer EN996 in FORE STREET N18, for the following alleged parking contravention 02 Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force.
The Penalty Charge was issued because the above vehicle was parked in an area where parking, waiting, loading and unloading is prohibited at certain times of the day. A loading restriction is when yellow lines are in conjunction with kerb marks and a white no loading time plate.
Where there is a Loading/Unloading Restriction in force, no observation time is required and the motorist cannot, in effect, park for any length of time during the prescribed hours. There are no concessions to stop where there is a loading/unloading restriction in force to make a delivery or collection.
Moreover I would inform you that the observation period is a courtesy and not a legal obligation.
I would like to inform you that a copy of your letter has been passed over our Operations Support Manager.
If you would like to view the photographs taken of your vehicle on the date in question please visit the website https://parkingservices.itsvc.co.uk/enfield/notices/

Your comments have been noted and considered. In this instance, I am not prepared to cancel the Penalty Charge Notice. I must, therefore, request payment of £65.00 to be received within 14 days from the date of this letter.
Payment can be made as follows:
 By Telephone
Call 0330 088 4798 (24hr payment line) using one of the following debit or credit cards – MASTERCARD, VISA, DELTA, SWITCH)

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post Tue, 11 Feb 2020 - 11:47
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DJ Lexy
post Tue, 11 Feb 2020 - 12:20
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QUOTE (willy101 @ Tue, 11 Feb 2020 - 11:47) *
First of all this ticket time was 16:24 and the time it was sticked it was also 16:24, there’s a 5 minutes wait rule, which I can prove if it further goes , he should have waited 5 minutes before he attached the ticket. But he didn’t and immediately rushed through with this as he was fully aware that someone is sitting inside the car.)

There is no "five minute rule", especially not for a code 02. They can be issued instantly.
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willy101
post Tue, 11 Feb 2020 - 13:26
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QUOTE (DJ Lexy @ Tue, 11 Feb 2020 - 12:20) *
QUOTE (willy101 @ Tue, 11 Feb 2020 - 11:47) *
First of all this ticket time was 16:24 and the time it was sticked it was also 16:24, there’s a 5 minutes wait rule, which I can prove if it further goes , he should have waited 5 minutes before he attached the ticket. But he didn’t and immediately rushed through with this as he was fully aware that someone is sitting inside the car.)

There is no "five minute rule", especially not for a code 02. They can be issued instantly.

So there’s not any further challenge to it ? Thanks
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Incandescent
post Tue, 11 Feb 2020 - 19:55
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OP, you seem not to understand the meaning of yellow lines. They mean "No Waiting", and you were waiting. Presence of family in the car or whatever is irrelevant. There are only two exemptions to yellow lines - (1) loading or unloading, (but not going shopping and "loading" it in to the car), and (2) boarding or alighting passengers. Also, as others have said, there is no 5 minute rule.

Basically, you are bang-to-rights and would be best paying the discount. However the PCN may contain fatal errors of content that make it void, so post it up for a final view on appealing.
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cp8759
post Fri, 14 Feb 2020 - 09:52
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There is no five minute rule, otherwise everybody could park illegally wherever they want for up to 4:59. However if you show us the PCN (both sides in full), we can double check whether there's any errors and whether the legal wording on the back is compliant.


--------------------
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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willy101
post Fri, 14 Feb 2020 - 11:42
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QUOTE (cp8759 @ Fri, 14 Feb 2020 - 09:52) *
There is no five minute rule, otherwise everybody could park illegally wherever they want for up to 4:59. However if you show us the PCN (both sides in full), we can double check whether there's any errors and whether the legal wording on the back is compliant.

https://ibb.co/4dcDkrr
https://ibb.co/Tw1N2dg

It seems have to pay this !
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cp8759
post Yesterday, 11:44
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I can't fault the PCN, just bear in mind for the future that the only reason for stopping on a loading restriction is to let passengers in and out of the car, you can't stop on them for any other reason, not even for a minute.


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