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Full Version: PCN (Mid-Devon) Code 25 - Loading bay or not?
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mpoker84
So i picked this one up today - first day in the town and i pulled into this space.

You'll see from the pictures 'loading bay' used to be printed but has been cover over, hence i thought I was ok there.

Return to the car to see the attached PCN.

Anyone got any thought on whether or not this is actually a loading bay and whether of not the building works in the bay has an effect?

Many Thanks

Here it is on a google map... https://maps.google.co.uk/maps?q=get+connec...12,83.16,,0,6.9

Click to view attachment
Click to view attachment
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Bluedart
QUOTE (mpoker84 @ Mon, 23 Sep 2013 - 14:12) *
So i picked this one up today - first day in the town and i pulled into this space.

You'll see from the pictures 'loading bay' used to be printed but has been cover over, hence i thought I was ok there.

Return to the car to see the attached PCN.

Anyone got any thought on whether or not this is actually a loading bay and whether of not the building works in the bay has an effect?

Many Thanks

Here it is on a google map... https://maps.google.co.uk/maps?q=get+connec...12,83.16,,0,6.9

Click to view attachment
Click to view attachment
Click to view attachment
Click to view attachment


You certainly have grounds to appeal this ticket.

MDDC is one of 8 rogue agents to DCC. They are under extreme financial pressure to reduce their deficit and the only way to achieve that is to issue more tickets, because they know only about 3% of tickets are appealed against.

hcandersen
Please clarify whose pics you've posted - yours or the council's?

In order for such a place to be enforceable, it must comprise correct road markings and traffic sign.

The road markings appear to be bad, but where's the traffic sign?

Pl post the council's pics because they'll comprise their evidence.
mpoker84
Thanks for the replies guys, apologies for my slow reply - a busy day in the office!

QUOTE
You certainly have grounds to appeal this ticket.

MDDC is one of 8 rogue agents to DCC. They are under extreme financial pressure to reduce their deficit and the only way to achieve that is to issue more tickets, because they know only about 3% of tickets are appealed against.


Based on the poor markings or something else?

QUOTE
Please clarify whose pics you've posted - yours or the council's?

In order for such a place to be enforceable, it must comprise correct road markings and traffic sign.

The road markings appear to be bad, but where's the traffic sign?

Pl post the council's pics because they'll comprise their evidence.


The pictures are my own, i've request the council ones, but they haven't arrived yet! i thought it was best to take some myself. Only when I got back in the car I noticed the sign so didn't get a photo, but there was one for sure.

As soon as the council ones arrive - ill post them up.

thanks

Incandescent
Road markings have quite obviously been painted over. However, it is the sign that defines the restriction, so is there a sign, and if there is, what does it say ?
mpoker84
Hi Guys

Thanks for the replies and apologies for the delay - I have only just got a response for the photos from the council.
Please see attached images that detail the sign as well.

Any help would be appreciated, before I bite the bullet and hand over my card details!

Thanks

Mark

Click to view attachment

Two other photos from the council included a close up of the tax disc and a distance shot showing the car in the bay and sign behind. Im out of space on attachment though so cant upload any more.

Bluedart
QUOTE (Incandescent @ Mon, 23 Sep 2013 - 19:28) *
Road markings have quite obviously been painted over. However, it is the sign that defines the restriction, so is there a sign, and if there is, what does it say ?

Placing of road markings and signs to indicate prohibitions and restrictions on waiting, loading and unloading and parking

24. (1) Except where it is placed to indicate the effect of a temporary statutory provision and subject to paragraph (2), a sign shown in a diagram specified in column (2) of an item in the Table shall not be placed except—

(a)on or near the side of a road; and

(b)in conjunction with, and on the same side of the road as, a road marking which is shown in a diagram and is in the form (if any) indicated in column (3) of that item.


In conjuction with appears to be applicable here/
Incandescent
The question I would have as an adjudicator is - why didn't you look at the sign, because there is a very prominent yellow line where you parked indicating a restriction. So irrespective of the painted-out "Loading Only" marking you should have been aware that parking there was not unrestricted. The Loading Only text has obviously been painted out, because it is only a loading bay 03.00-11.00 and then taxis only.
Bluedart
QUOTE (Incandescent @ Thu, 3 Oct 2013 - 22:38) *
The question I would have as an adjudicator is - why didn't you look at the sign, because there is a very prominent yellow line where you parked indicating a restriction. So irrespective of the painted-out "Loading Only" marking you should have been aware that parking there was not unrestricted. The Loading Only text has obviously been painted out, because it is only a loading bay 03.00-11.00 and then taxis only.


Conjunction:-
the action or an instance of two or more events or things occurring at the same point in time or space.

So I would take that to mean, if there are not two parts to the element, one part on it's own is not good enough.

Adjudicators are known not to comply with the law, regulations or directions.
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