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Full Version: Code 25 loading bay ticket, 0 minutes observation time?
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Robtor
Any help would be brilliant. I recently got a council penalty charge notice for parking in a loading bay. It's code 25. My main issue with this ticket is the parking attendant really must have pounced on me, the observed time is from 15:21 to 15:21! Technically, yes I was in my car but I do work for royal mail and was dropping off a parcel I missed earlier, but the 0 minutes observation time surely can't be alright? How can the attendant establish anything in this time?
Do I have a chance to appeal this?
stamfordman
Post the whole PCN, council pics and location on street view.

Use a pic site such as Imgur and post the BBcode links.

If loading for Royal Mail surely you have a loading exemption for this.
mdann52
QUOTE (stamfordman @ Wed, 25 Jul 2018 - 23:56) *
Post the whole PCN, council pics and location on street view.

Use a pic site such as Imgur and post the BBcode links.

If loading for Royal Mail surely you have a loading exemption for this.

Although sounds like the OP had finished their shift and it was not in a RM vehicle (if I have read it correctly)...
DastardlyDick
AFAIK Royal Mail have an exemption to park anywhere, so long as they are on Royal Mail business of coursd!
Parcel force do not have that exemption.
Robtor
QUOTE (mdann52 @ Thu, 26 Jul 2018 - 00:14) *
QUOTE (stamfordman @ Wed, 25 Jul 2018 - 23:56) *
Post the whole PCN, council pics and location on street view.

Use a pic site such as Imgur and post the BBcode links.

If loading for Royal Mail surely you have a loading exemption for this.

Although sounds like the OP had finished their shift and it was not in a RM vehicle (if I have read it correctly)...

Correct, I was just dropping off something that I had missed on shift on my way home, hence the Royal Mail part wasn't something I could see being worth pursuing.
The only angle I thought I could pursue was that they didn't observe at all, which I thought they had to.
hcandersen
What’s the problem?

Surely you must be knee-deep in supporting paperwork showing that a parcel was delivered - possibly even a signature from the recipient;

According to you, you were effectively doing this in the course of your employment;

A vehicle was necessary because you were on your way home, you weren’t expected to take the bus, were you?

You were delivering, as defined ( for these purposes the term ‘loading’ encompasses delivering).

You were entitled to be so parked.

The contravention did not occur.

What’s wrong with the above?

And the full PCN pl and any photos, we’re over 14 days into this so chop chop!
Robtor
Uploaded the full PCN and street view image. The box I was in just says Loading, it's not really shown in the image.
And the only sigh says "Loading only 8am - 6pm".
DastardlyDick
QUOTE (Robtor @ Thu, 26 Jul 2018 - 06:48) *
QUOTE (mdann52 @ Thu, 26 Jul 2018 - 00:14) *
QUOTE (stamfordman @ Wed, 25 Jul 2018 - 23:56) *
Post the whole PCN, council pics and location on street view.

Use a pic site such as Imgur and post the BBcode links.

If loading for Royal Mail surely you have a loading exemption for this.

Although sounds like the OP had finished their shift and it was not in a RM vehicle (if I have read it correctly)...

Correct, I was just dropping off something that I had missed on shift on my way home, hence the Royal Mail part wasn't something I could see being worth pursuing.
The only angle I thought I could pursue was that they didn't observe at all, which I thought they had to.


Yes, that would apply as well - certainly in London Adjudicators look for a minimum of 5 minutes constant observation to establish whether loading is in progress or not - it's certainly worth putting in to any reps you may make in addition to the points raised by HCA.
cp8759
Forget about whether you were on the clock or not. You are employed by Royal Mail to deliver letters and parcels, you would never have been effecting a Royal Mail delivery in any sort of private capacity. Therefore the Royal Mail exemption applies, this is normally written into the TRO.

Shows us the back of the PCN.
Mad Mick V
One of the County's Orders I have read says exemptions relate to:-

"the vehicle of a universal service provider (as defined in Section 4(3) and (4) of the Postal Services Act 2000) to be used for the purpose of delivering and/or collecting mail"

So if the vehicle wasn't "liveried" we are dealing with a normal vehicle and the OP must provide evidence of delivery. The same Order states ----“goods” includes postal packets of any description".

Mick
hcandersen
The proof of the OP’s stated position must exist, or if it doesn’t then it brings the account into question.

IMO, if it’s a parking place subject to the restriction stated, then the contraventin did not occur because ...Royal Mail employee delivering a parcel etc and here’s the proof, or
It’s not a parking place subject to the contravention alleged, in which case the contravention did not occur.

OP, we don’t hold the keys to this, you do. The law is clear so pl just provide the proof.

And if we drift off into obs times and other peripheral matters, then the hairs on the back of my neck will start to twitch.

As far as the CEO was concerned this unliveried private car was parked, so just put the events in proper order with your challenge.
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