QUOTE (vladlondon @ Sun, 19 May 2013 - 19:31)
QUOTE (DastardlyDick @ Sun, 19 May 2013 - 18:06)
What TfL are saying is that one of their Camera Operators did view the video, and believes that you have committed a contravention, so they've satisfied the obligation that you mention.
When you stop in a loading box, you are supposed to do exactly that, load or unload and if you don't then you are "Stopped where prohibited", so the alleged contravention is correct. IIRC TfLs critera for loading is that it is a 'continuous process' and if 'loading activity is not seen' for at least 5 minutes, then a PCN can be issued. The definition of loading does not include standing around gossiping, having a quick smoke or going to the staff canteen. It does include putting the goods in a designated place, checking the goods are correct and getting paperwork signed, which is why you get 5 minutes observation before a PCN is issued. This applies regardless of whether the PCN is issued via CCTV or a CEO on the Street, as does the 5 minutes observation period.
Then why use scpecific contravention names and codes at all?
If however they are used for a purpose, then why does a special contravention code 26 exist "Parked in a loading place during restricted hours without loading"?
My PCN was for contravention code 46 "Stopped where prohibited (on a red route or clearway)"/
As you correctly say, there were indeed several different Parking Contravention Codes, but over the years, (due to various adjudications by PaTAS) they've been reduced to just two, 46 & 62. I believe the reasoning was that since all the contraventions are basically for the same thing i.e stopping where prohibited then why not just have the one? What has to happen now is that the CEO has to state the Contravention in his/her notes and why they "reasonably believe" that the contravention occured. In your case the notes will say something like 'fully contained in Red Loading Box 5 mins Constant Observation given, no loading seen - Stopped where Prohibited' this is why you need to get sight of both the video tape
and the CEOs notes - if the notes and the video don't show a minimum 5 minute "observation period" that's a Procedural Impropriety and the PCN is Invalid and cannot be enforced. If, on the other hand, they
do show a 5 minute period when no-one was loading, then IMHO they've correctly issued a PCN.
The time plate for that box is telling you the terms and conditions for it's use which are "No Stopping Mon-Sat 7am-7pm except Loading max 20 mins". TfL are alledging that you stopped in the Loading Box without actually Loading, therefore you were stopped in the box which is prohibited, so you were indeed "Stopped where prohibited on a Red Route or Clearway". Had you stopped in that same box between 7 - 10 am or 4 - 7pm you would have got a PCN for Code 46 as well but that would have been an "Instant" PCN - no observation period required.