Help - Search - Members - Calendar
Full Version: Temporarily parked in loading bay. Code 46
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
Lee1
Hi,

Hoping someone can advise here. I temporarily parked in a marked loading bay on a red route for a few minutes while collecting a package from the post office opposite which I understand constitutes loading- i.e collecting a pre arranged item (I could be very wrong here however). I no longer have the collection slip given to me by Royal Mail but it may be possible to get a statement from the Post Office

The contravention code is stated as 46: Stopped where prohibited (on a red route clearway), and the alleged offense was recorded by camera rather than a human. I have read elsewhere on this forum that the correct code for this should be Code 25: Parked in a loading place during restricted hours without loading.

Is that correct, and if I can get a statement from the post office, am I technically loading an item?

Pics below of the PCN and photo's of the bay








Here's a shot from street view- although I think it's a couple of years old so may not be of any use..



Many thanks in advance,

DancingDad
With the way that tfl create their traffic orders on red routes the contravention is actually correct but do challenge that it should be a loading bay contravention.
While they may be correct the contravention should be written in a manner that is understandable to the owner.

On what actually happened, that is your main point of challenge. Collecting a postal parcel from post office that was of unknown size/large/heavy, whatever fits. No collection receipt but here is the online receipt showing the item was prepurchased.
See what others add

Lee1
Thanks for that. Fingers crossed.
SchoolRunMum
I would say also cite the Chief Adjudicator in this Annual Report about CCTV tickets:

http://notomob.co.uk/discussions/index.php?topic=867.0

In particular I seem to recall last time I read that link in depth, there is mention of the CCTV method of parking enforcement not being necessarily appropriate to red routes where there are also loading bays - I think there are some key cases there to cite. And of course the fact that this isn't difficult or sensitive or impractical for a CEO on foot to cover instead.
DastardlyDick
In addition to the points raised above, TfL should have given 5 minutes "Constant Observation" to ensure that no loading/unloading was occurring, unfortunatly, the only way to find this out is to go to an appeal at PaTAS when you will be putting the full £130 at risk. There is also the fact that the PCN itself will have incorrect wording on it regarding the viewing of the CCTV Evidence - basically they have to allow viewing at one of their offices of the appelants choice, if you look at the cases below supplied by Hippocrates who is an extremeley well regarded poster on this Forum:-

Mandatory info missing from Reg. 10 PCN

The PCN does not contain mandatory information re viewing the evidence. Case Nos.: 2120293222, 2130089798, 2130149029, 2130034162, 2130397290, 2130011644, 2130430807, 2140026692, 2140006797, 2140068320. 213009616A, 2120473279

Regulation 3(4) opening statement and 3(5) and (6) in their entirety. The adjudicator in the first case cites the legislation in her decision.

The TFL cases are highlighted.

http://www.patasregistersofappeals.org.uk/

http://www.legislation.gov.uk/uksi/2007/34...gulation/3/made

as you will see, this will get the PCN cancelled on the grounds of "procedural impropriety".

I don't think there's much point in contesting as to whether the Contravention Code should be 46 or 25 as TfL have been using 46 for everything except Footway Parking for years, and PaTAS appear to be content with this.
hcandersen
Would you please expand on your activities.
How did you know that there was a parcel for you? Did you know what it was?
What I'm hoping for is that you were informed by the Royal Mail via a note left at your address which stated that there was a parcel for collection which would be available from **** no earlier than **** and that this time was earlier than the time of contravention. I'm also hoping that you might not have known what it was or what size the parcel was. As regards the latter, you would therefore not have to prove that the item was heavy or bulky if you didn't know what it was or it's size/weight. And providing you attended during opening hours and after the notified earliest time then you could legitimately expect to find the parcel ready for collection.
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.