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Ed26
I received a ticket sometime in July, I appealed on the grounds that I was unloading my vehicle, I was carrying out some cleaning work and the owner of the company/compound gave me permission to park in front of his factory gate to unload my heavy machinery, even though my side loading doors were open and I was quite clearly seen to be loading the ruthless traffic warden gave me a ticket stating it was a double yellow line with two marks on the pavement. I appealed on the grounds that I was unloading and it was rejected, I now have the notice to owner and want to know if I have any case for appeal, whether on the tickets or what actually happened. attached orignal ticket , NTO and images of when i was actually given the ticket
stamfordman
The PCN is for pavement parking, not for yellow lines, which is just as well if there were no loading blips. Loading is an exemption to pavement parking in London but they are strict on it being essential and observed.

Let's see your challenge and their rejection.

Put pics on https://imgbb.com and post BBcode embed links.
cp8759
There were loading blips, the CEO should have given an 02 PCN. However the basis of a challenge now is that the alleged contravention did not occur (the fact that another contravention might well have occurred is neither here nor there).

Section 15(3) of the Greater London Council (General Powers) Act 1974 provides that:

(3)A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that the vehicle was parked—
...
(d)for the purpose of loading or unloading goods, and—
(i)the loading or unloading of the vehicle could not have been satisfactorily performed if it had not been so parked; and
(ii)the vehicle was not left unattended at any time while it was so parked.


The evidence we have is that the vehicle was not unattended, so the loading exemption applies.
Ed26
here is my challenge

Hi my name is xxxxxxxxx I run a cleaning company called xxxxxxx, on the 18/07 I was called for a cleaning job by xxxxx Laundry company on Garman Rd N17. I was told by the owner to load my equipment by the gate and was given a ticket whilst in the process by a traffic warden. As it is an industrial estate it is very busy in the morning and this was the only point of entry to load my heavy equipment. My side door was open which should be in your pictures


i opted for online reply and this was their rejection


Dear Mr xxxxxxxx


Thank you for your challenge.



The Penalty Charge was issued for parking with one or more wheels on any part of an urban road other than a carriageway (footway parking). Any part of the public highway not set aside for vehicles is covered by the footway ban and includes pavements, grass verges, central reservations, ramps linking private property to the road (vehicle crossovers), and other pedestrian areas. Vehicles should only be parked with all the wheels on the road.



Footway parking was banned in Greater London in 1974. It is obstructive and potentially dangerous to pedestrians, particularly disabled people, those who are visually impaired or wheelchair bound. In addition it can damage the surface of footways, grass verges and underground services such as water and gas pipes. Footway parking restrictions apply 24 hours a day seven days a week regardless of the circumstances involved.



I therefore regret to inform your that there is insufficient mitigation upon which to cancel the Penalty Charge Notice.



What happens next?



Payment of the Penalty Charge Notice is now required. Please see below for details of how you can still pay the reduced amount. If we do not receive payment of the reduced amount within 14 days from the date this letter was delivered to you, the charge will revert to £130.00. If you choose not to make payment, we will send the registered keeper of the vehicle a Notice to Owner. This statutory document explains the grounds on which the registered keeper of the vehicle can make formal representations against the issuing of the Penalty Charge Notice.



Payment discount still available for another 14 days



It is still possible to pay the penalty charge at the reduced amount of £65.00, as long as we receive the payment within 14 days, from the date this letter was delivered to you, after that the full charge of £130.00 will be payable.



How to pay



If you have access to the Internet you may pay online at www.haringey.gov.uk or you can contact our 24 hour automated payment line on 0300 456 0520.



Payment can also be made by cheque or postal orders payable to London Borough of Haringey and sent to The Parking Service, PO Box 55235, London, N22 9DF. Please ensure that the above HY or HP penalty charge number
is written on the back of the cheque or postal orders.



You can also make payment by cash in person (Mon – Sat 07:00am to 10.00pm) at Haringey Vehicle Pound, 2a Orbital Business Park, Argon Rd, Edmonton, N18 3BY.



Yours sincerely



K Pegrum



K Pegrum

Correspondence Officer



Haringey Council

PO Box 4789

Worthing

BN11 9QA
stamfordman
Total failure to consider the exempt activity you were clear in stating and evidenced in their own pics.

They say:

"Footway parking restrictions apply 24 hours a day seven days a week regardless of the circumstances involved."

Nope - there are exemptions, at least according to London Councils.

I would continue hitting them with the regs.

Is the van registered to you?


Note though that Haringey doesn't include loading as an exemption to code 62, but it is allowed in London Councils enforcement handbook.

https://www.haringey.gov.uk/sites/haringeyg...enforcement.pdf

Here's some notes from Westminster - which seems to be ambiguous about the no loading blips (as surely a code 02 should be given:

Under the Greater London Council (General Powers) Act 1974, loading/unloading is permitted whilst parked on the footway only if both the following apply and the vehicle is not parked on the footway adjacent to where a loading restriction is indicated on the carriageway -
(i) The loading or unloading of the vehicle could not have been satisfactorily performed had the vehicle not been so parked: and
(ii) The vehicle was not unattended at any time whilst parked.
If this is the case, as long as is necessary is permitted and Marshals should give 20 mins casual observation (40 mins for HGVs) then additional 5 mins constant observation. If loading/unloading observed, repeat process. If no evidence of loading/unloading after 25 mins (45 mins for HGVs) a code 61 or 62 PCN may be issued. PCN may also be issued if vehicle left unattended at any time during the process.
Ed26
yes the van is registered to my cleaning company.
stamfordman
This is either a straightforward exemption that applies regardless of what Haringey says or it's more complicated - some more expert forum brains will no doubt chip in. Code 62 cases are often not straightforward and they only apply in London.
DancingDad
Stamford is right that there is an exemption for loading and that the rejection totally ignores this.
The exemption is conditional though, vehicle must not be left unattended and parking on footway must be necessary.
I'm not sure from the photos that it was necessary so that is something that would need to be argued for a successful win, for instance where else could you have unloaded and if you had stayed on the road, would it have obstructed ?
Attended would also be in question, did you not see the CEO ?
cp8759
QUOTE (DancingDad @ Sat, 27 Oct 2018 - 09:08) *
Attended would also be in question, did you not see the CEO ?

He saw the CEO and took a picture of her so I don't think the council will dispute this.

Here's what I would send now (If possible include pictures of the heavy machinery, definitely includes the two pictures you posted of the CEO):
-----------------------------
Dear Sir or Madam,

I run a cleaning company called xxxxxxx, on the 18 July 2018 I was attending the premises of xxxxx Laundry company on Garman Rd N17. It was necessary for me to unload heavy machinery, and the owner of the premises suggested this be done at the factory gates. Unloading at this location was necessary because the unloading of heavy machinery could self-evidently not have been satisfactorily performed from another location. While I was unloading the equipment, a Civil Enforcement Officer appeared and issued a Penalty Charge Notice, I took photos of the CEO to show that at the time the CEO was in attendance the panel doors to my vehicle were open as unloading was still in progress, I enclose these pictures for your reference.

Following my informal representations, you issued a rejection letter which boldly asserts that "Footway parking restrictions apply 24 hours a day seven days a week regardless of the circumstances involved.". This is an incorrect understanding of the law, I refer you to section 15(3) of the Greater London Council (General Powers) Act 1974 which provides, insofar as is relevant, that:

"(3) A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that the vehicle was parked—
...
(d) for the purpose of loading or unloading goods for a period not exceeding 20 minutes or such longer period as the council may permit, and—
(i) the loading or unloading of the vehicle could not have been satisfactorily performed if it had not been so parked; and
(ii) the vehicle was not left unattended at any time while it was so parked.


The CEO only observed the vehicle from 11:41 to 11:42 so there's no question of the 20 minute time limit being exceeded. As it was necessary for the unloading of the machinery to take place at this location, and the vehicle was not unattended, the alleged contravention did not occur and the Penalty Charge Notice must be cancelled.
DancingDad
I'll go for that.
Even if they ignore, it sets it up nicely for the next stage.
Ed26
Wow many thanks 😉

Wow many thanks 😉
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