Jo Carn
Tue, 24 Jul 2018 - 11:02
A driver parked to unload on a red route. The sign states loading/unloading allowed 10a.m. - 4 p.m. The ticket, issued by CEO and NOT CCTV, was for 4.08.
Does the 10 grace period apply in this case? Your thoughts please. I think it does except the guidance says "local authority". Does TFL constitue a "local authority".
As a reminder, this is what the statutory guidance says:
The Secretary of State’s Statutory Guidance to the Local Authorities on the Civil Enforcement of Parking Contraventions 2015. Section 8.11 states:
The law requires that a penalty charge must not be issued to a vehicle which has stayed parked in a parking place on a road or in a local authority's car park beyond the permitted parking period for a period of time not exceeding 10 minutes. The grace period applies to on-street and off-street parking places provided under traffic orders, whether the period of parking is paid for or free. Any penalty charge during the 10-minute grace period would be illegal, unless the vehicle itself is parked unlawfully.
stamfordman
Tue, 24 Jul 2018 - 11:07
When did the driver park? If before 4 pm then it seem it does apply although TFL will probably argue it only applies to parking and not loading bays.
---------
The grace period only applies to vehicles stopped in a parking bay. If a vehicle is parked legally in a designated parking bay when it is first parked, the ten minute grace period applies from the moment it becomes parked illegally. This means for example that, if a vehicle is parked in a bay that allows parking between 10am and 4pm, we may issue a PCN if the vehicle is still parked at 4.10pm. Remember that not all bays allow general parking and times may vary so always check the signs.
http://content.tfl.gov.uk/myths-and-compla...enforcement.pdf
Jo Carn
Tue, 24 Jul 2018 - 11:43
Thank Stamfordman. Exactly what I needed.
I can confirm he was there before 4.00p.m. and has a delivery note. They are splitting hairs if they say it is not a parking bay. After all, what does the driver do? He parks. Only after he parks can he unload.
hcandersen
Tue, 24 Jul 2018 - 11:50
All bays are parking bays whether or not parking is allowed e.g. loading only etc.
Loading, disabled, doctor, tinker, tailor.. candle-stick maker are just variants
DancingDad
Tue, 24 Jul 2018 - 12:05
Yup, it is a parking bay for the purpose of loading.
As long as loading exemption counts (ie can be proved) then the 10 minute applies.
Only concern is if it is a time limited bay, 20 minutes max and if anything shows that the vehicle was parked before 3.40pm
Which could move the time for lawfully parked to before 4pm
But claiming 10 minute now and seeing what comes back is the way to go.
cp8759
Thu, 26 Jul 2018 - 19:02
The regulations are very clear cut: the 10 minute exemption applies if the vehicle was stationary in a parking place authorised under any of section 1, 6, 9, 32(1)(b), 35 or 45 of the Road Traffic Regulation Act 1984.
What TFL says is neither here nor there and nothing on the TFL website can change the law.
DastardlyDick
Fri, 27 Jul 2018 - 10:14
Please post up the PCN with PCN No. and Reg. No obscured/redacted and a GSV reference.
It may come down to what the PCN was issued for - if it was for overstaying the 20 minutes, then you wouldn't be "lawfully parked" and may face an uphill struggle to challenge this.
I can see this one going to Adjudication, given TfLs contention being that "Loading" is not "Parking".
DancingDad
Fri, 27 Jul 2018 - 10:39
QUOTE (DastardlyDick @ Fri, 27 Jul 2018 - 11:14)
Please post up the PCN with PCN No. and Reg. No obscured/redacted and a GSV reference.
It may come down to what the PCN was issued for - if it was for overstaying the 20 minutes, then you wouldn't be "lawfully parked" and may face an uphill struggle to challenge this.
I can see this one going to Adjudication, given TfLs contention being that "Loading" is not "Parking".
Doesn't matter if overstaying 20 minutes is the issue, the 10 minute grace applies.
But does matter when the 20 minutes started.
If this allowed the PCN to be served at 4.08pm then all is kosher.
cp8759
Fri, 27 Jul 2018 - 23:43
QUOTE (DastardlyDick @ Fri, 27 Jul 2018 - 11:14)
I can see this one going to Adjudication, given TfLs contention being that "Loading" is not "Parking".
The regulations are not concerned with loading or parking, they only reference a vehicle which is stationary.
Jo Carn
Wed, 29 Aug 2018 - 11:42
Just to let you know the PCN was cancelled
DastardlyDick
Wed, 29 Aug 2018 - 13:56
QUOTE (Jo Carn @ Wed, 29 Aug 2018 - 12:42)
Just to let you know the PCN was cancelled
Did they tell you why?
bertie21980
Thu, 30 Aug 2018 - 01:33
QUOTE (Jo Carn @ Wed, 29 Aug 2018 - 12:42)
Just to let you know the PCN was cancelled
Excellent to hear about this as I got a similar appeal for getting a PCN like what you have described. I guess I have to wait over a month for a verdict as well
DastardlyDick
Thu, 30 Aug 2018 - 17:41
QUOTE (bertie21980 @ Thu, 30 Aug 2018 - 02:33)
QUOTE (Jo Carn @ Wed, 29 Aug 2018 - 12:42)
Just to let you know the PCN was cancelled
Excellent to hear about this as I got a similar appeal for getting a PCN like what you have described. I guess I have to wait over a month for a verdict as well
As we know neither what the OPs grounds of appeal were, the reason(s) for cancellation or who cancelled it, I wouldn't count my chickens if I was you.
Have you started your own thread for your PCN?
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