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aaatech
Experts need your advice for following PCN. Thank you.

I recently recieved the following PCN for a parking in a loading bay.

My appeal rejected by council and I have 15 days to act for discount.

Pls find all PCN relevant details attached:

Questions:

a) appeal response "These parking are reserved for use by goods vehicles only" - as per my basic research loading sign does not indicate that?
b) two points to notice; pre-paid or general domestic shopping does not included? how will it affect me? - but in my case - shopping was already done by someone else and number of boxes and bags cannot be carried from a distance.

This force me to use ASDA/TESCO only!!! how local shops can survive???

informal appeal:


London Borough of Brent
Admail 454,

London, HA9 0SZ

Dear Sir/Madam

Reference:
Penalty Charge Notice number:
Date of issue: 01/09/2012
Vehicle registration:

I am writing to formally challenge the above Penalty Charge Notice.

On Sep 01, 2012 my vehicle was issued with a Penalty Charge Notice for the reason of offence code 25.


I can confirm that I used loading bay for loading purpose only. I was genuinely loading goods to my car; please see attached bills as an evidence. I have attached card payment slip and my debit card with my name to confirm that i was paying for goods at same time.


This loading bay is next to shop. Also, I locked the car for security purpose. As per attached bills I went to shop to collect goods and for payment. I used loading bay as per restriction time only.



For above reasons I look forward to receiving notification that the Penalty Charge Notice has been cancelled.

Yours sincerely,
SchoolRunMum
Oh dear. By sending in the receipts with that time on them you showed the Council that you were in fact shopping (and you said 'I was paying for goods at same time').

Can't see much chance here - I can see they have said wrongly in their letter that it's a bay for goods vehicles only but then they have clarified that you can load/unload. But you can't shop. I would consider paying while you still have the discount, personally.
EDW
Have you asked for the DfT authorization for the no loading sign?
Chaseman
I think there may be something to go for here.

1. The council reply states that the bay is reserved for goods vehicles which is clearly incorrect. Anyone can push a trolley! The reply goes on to contradict itself by talking about goods of such weight or bulk that they cannot reasonably be carried from a distance.

2. The reply refers to "goods that heve been pre-paid or pre-ordered and does not apply to general domestic shopping". In this case, the fact that you paid for the goods at the time you picked them up is not necessarily fatal, if you can convince the council that they were pre-ordered. CAn you get a letter of confirmation from the shop?

If the basic premise is satisfied i.e. you were collecting pre-ordered goods, not shopping, then it comes down to observation time. 5 minutes in this case is fairly reasonable but it's still open to you to show you were loading despite no activity having been seen. See the Jane Packer Flowers cases for this. I cut and pasted parts of this into a string started by X-treem recently. I know Bama provided a direct link.
aaatech

Oh yes; my mistake mellow.gif i send them bill confirming i was paying that time;

Council should have put small note below all parking sign; explaining what is cover & what not.....no one wants to pay ***** amount to counc

i'll try to get confirmation letter from shop.

thanks.
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