3. Bristol, code 01 parked in a restricted street, Downend Road/Kimberley Road
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bonobo

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Bristol, code 01 parked in a restricted street, Downend Road/Kimberley Road
« on: February 08, 2025, 10:16:24 pm »
Hello,

Really frustrated to have a PCN stuck to my windscreen today and wondered if anyone here would be able to offer any advice as I really don’t think it was justified.

I stopped on a wide section of pavement (not actually on the road at all - so not impeding traffic nor pedestrians) outside a house to unload some heavy tools and take inside. I set the tools down inside and looked out of the first floor window to see a CEO outside, so I ran back downstairs and outside to explain that I had been unloading and was about to move my van. Unfortunately, and to my disbelief, the CEO had already stuck a PCN on my windscreen. I asked how long they had observed my van for - they said 2 minutes - I did point out that I think that’s too short a period but the damage was already done - the PCN was issued. The CEO, quite unhelpfully, just suggested I appeal…

So here I am. My thoughts:

- I don’t think there was any restriction on loading where I stopped to unload.
- I don’t think the CEO allowed sufficient observation time to allow an assessment of whether I was loading.
- I wasn’t stopped on the road, but instead was entirely on the pavement - I don’t know if this makes a difference?
- I think I have grounds to appeal on at least the top two points?

I would very much appreciate help to appeal this as I just don’t think it was fair/justified/legal.

Photos of the PCN, the position if the stopped van, a wider view of area and of the street sign with restrictions are all here:

https://imgur.com/a/MoOjjOe

Thank you.
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Incandescent

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Re: Bristol, code 01 parked in a restricted street, Downend Road/Kimberley Road
« Reply #1 on: February 08, 2025, 11:03:20 pm »
So here: -
https://maps.app.goo.gl/7MqHaFSiF6RF7izZ6

The restriction is for waiting at the times on the little sign, and the loading exemption applies here. Clearly you closed the van doors before taking the tools into the house, so a CEO would just see a van on the yellow line. Yellow lines apply to the whole road including verges and footways, so when he looked, seeing no activity, you were in contravention, and started to prepare a PCN. There is no statutory observation period. Having already served the PCN to your van when you appeared, he cannot cancel it, so you must submit reps against the PCN on the basis of loading. You need to provide some sort of collateral in terms of the weight and bulk of your tools that made loading there your only option. Photos and weights best.

So submit representations on the basis that the contravention did not occur, reason - loading. Dn't get upset if they reject your reps, because almost all councils game the system ruthlessly and refuse >95% of informal challenges, because they know that if they do, most people then cough-up. It's only at Notice to Owner stage when anybody with a brain looks at representations.
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  3. Bristol, code 01 parked in a restricted street, Downend Road/Kimberley Road