Help - Search - Members - Calendar
Full Version: PCN - Ashford Borough Council, Double Yellow
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
swidge
Hello,

I was hoping to get some advice on a parking ticket that I received on Saturday 18th January.

I was parked on a double yellow line outside the royal mail sorting office in Ashford town centre early on Saturday morning, I went into the sorting office to pick up a parcel that the postman had left a card for. I was in the sorting office no more than 2 minutes when a person came in and said that there was a warden outside ticketing the cars. I was at the front of the queue waiting for the guy to find the parcel so I nipped out and informed the warden I was getting a heavy parcel from the sorting office and would only be 2 more minutes.

The warden replied that I would be getting a ticket anyway (not that he'd started writing it at this point) so i thought I would go back in and get the parcel.

Litlerally 30 seconds later I returned to the car with the parcel and put it in the boot and went to get into the car. The warden (who was still writing the ticket) said that if i left the ticket would come in the post (which it has, on the 21st Jan)

The parcel was a large box that was very heavy and would have been difficult for me to carry to the nearest pay and display car park. I cecked the council website and they advise that loading is permitted on double yellow lines, although clearly the warden didnt think so.

Is there any grounds for appeal here? I have attached a scan of the ticket below. There were 5 A4 pages in total with page 2 on the back of page 1, and page 3 on the back of page 4.

Thanks very much,

S

Click to view attachment

Incandescent
It's simple, you claim the loading exemption, but include proof of collection, as this might speed it up a bit. If they refuse you, come back here as it seems you have very good grounds for the PCN to be cancelled. CEO's notes should back up your story, as he saw you with the parcel.
Bluedart
QUOTE (swidge @ Fri, 24 Jan 2014 - 10:23) *
Hello,

I was hoping to get some advice on a parking ticket that I received on Saturday 18th January.

I was parked on a double yellow line outside the royal mail sorting office in Ashford town centre early on Saturday morning, I went into the sorting office to pick up a parcel that the postman had left a card for. I was in the sorting office no more than 2 minutes when a person came in and said that there was a warden outside ticketing the cars. I was at the front of the queue waiting for the guy to find the parcel so I nipped out and informed the warden I was getting a heavy parcel from the sorting office and would only be 2 more minutes.

The warden replied that I would be getting a ticket anyway (not that he'd started writing it at this point) so i thought I would go back in and get the parcel.

Litlerally 30 seconds later I returned to the car with the parcel and put it in the boot and went to get into the car. The warden (who was still writing the ticket) said that if i left the ticket would come in the post (which it has, on the 21st Jan)

The parcel was a large box that was very heavy and would have been difficult for me to carry to the nearest pay and display car park. I cecked the council website and they advise that loading is permitted on double yellow lines, although clearly the warden didnt think so.

Is there any grounds for appeal here? I have attached a scan of the ticket below. There were 5 A4 pages in total with page 2 on the back of page 1, and page 3 on the back of page 4.

Thanks very much,

S

Click to view attachment


Was there any yellow blips on the curb, they are usually single blips or in pairs, both have a different restriction.

There is no contravention code on the ticket either.
swidge
QUOTE (Incandescent @ Fri, 24 Jan 2014 - 10:40) *
It's simple, you claim the loading exemption, but include proof of collection, as this might speed it up a bit. If they refuse you, come back here as it seems you have very good grounds for the PCN to be cancelled. CEO's notes should back up your story, as he saw you with the parcel.


Thanks for your reply, I don't have any proof of collection (other than the parcel which doesn't show when it was collected). I will ask the sorting office as I did sign on their machine. In the absence of any proof is it still worth writing to them claiming the loading exemption?


QUOTE (Bluedart @ Fri, 24 Jan 2014 - 10:42) *
Was there any yellow blips on the curb, they are usually single blips or in pairs, both have a different restriction.

There is no contravention code on the ticket either.


Thanks for your reply, There aren't any yellow blips on the curb. The whole length of the road has a double yellow line on the road surface by the curb.

Is the fact that there is no contravention code on the ticket also worth mentioning in the appeal?


Thanks

Sam
hcandersen
A contravention code is not required under the regs.

You're classified as a drive away and because of this you only have one go at making reps before adjudication - had you stayed to be given a PCN by the CEO then you could have made informal representations, but this is history because you didn't.

Just get the sorting office's confirmation as regards time/date and send this to the authority with confirmation of the package's size and necessity to park as close to the office as possible in order to facilitate your transfer of the load from the sorting office to the car.
Michael Gibson
If the sorting office don't play ball, was it tracked? If it was, use the tracking number on the RM website and a photo of the parcel.
Mad Mick V
It seems like Kent County Council is the enforcement authority for on street waiting restrictions (according to a quick read of the TPT library) with ABC acting as its agent for enforcement. The OP's case is DYL based.

The Secretary of State's Statutory Guidelines :- http://assets.dft.gov.uk/publications/tma-...atutoryguid.pdf

Para 90 appears to preclude anyone other than the enforcement authority from consideration of formal representations and yet we have an NTO which indicates "the agent" ABC will undertake that task.

Just an observation, I don't know if there is any mileage in this issue.

Mick
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.