Free Traffic Legal Advice

Received a PCN for no obvious loading activity while in a loading bay (40min).https://maps.app.goo.gl/fezPAqVAMJXtUrtBA

The situation as follows.

Parked in said Loading Bay to unload a 5 drawer chest from the car, requiring two of us.

Officer apparently watched the car for two minutes.  We were unloading into an 11th floor apartment opposite side of the road.   

With the best will in the world, you couldn't possibly do that in 2 minutes.

Left a handwritten note on A4 on drivers side.  This is actually on the officer photos!

I'm not convinced they thought this through after the informal appeal has gone in, and they responded with what looks mostly like boiler plate. They acknowledged we left a note, then reiterated 2m wait by the officer before issuing.


80/160 quid.  Presumably waiting for NTO means we're on the hook for 160 ?


The informal appeal filed.....

I formally challenge the above Penalty Charge Notice on the basis that the alleged contravention did not occur.
At the time the PCN was issued, my son and I were actively unloading two large chests of drawers from the vehicle and transporting them to a nearby flat on the 11th floor.
The vehicle was parked in the loading bay solely for this purpose and was being used exactly as intended.

A clearly visible note was displayed inside the vehicle stating that we were moving furniture to a nearby flat.

Given the size and weight of the items being unloaded, and the fact that they had to be transported to the 11th floor of the building, it was necessary for both of us to carry them between the vehicle and the property, meaning that neither of us could remain with the vehicle continuously throughout the unloading process.

The vehicle was parked directly outside Sainsbury's, and CCTV footage from the store will provide conclusive evidence that unloading activity was taking place during the relevant period. My son was present throughout and can also confirm the facts set out above.

Furthermore, the photographs taken by your own Civil Enforcement Officer clearly show the note displayed in the vehicle explaining that we were unloading furniture to a nearby flat.

This was plainly visible at the time the PCN was issued and should have prompted further consideration before the penalty was issued.

 As unloading is a permitted activity within a loading bay, the allegation that the vehicle was parked "without loading" is simply incorrect.
The contravention therefore did not occur.

 In light of the clear evidence, I expect the PCN to be cancelled.

What did you expect? You didn't provide a single item of evidence, you just made claims. And therein lies the rub: what could you provide? A photo of furniture, confirmation that someone related lives in the flat?

If you want to go further, then think hard about what evidence you could provide. The council's head is not for turning unless you have cast-iron evidence, so you'd be looking at the long game to adjudication hopefully with some procedural irregularity to advance.

Hi,

Is there no hope for this? 


Paul

In these cases details matter.

You posted: At the time the PCN was issued, my son and I were actively unloading two large chests of drawers

But also: The carcass.....

Pl do not embellish, even by accident. This is likely to be decided at adjudication and the outcome dependent upon credibility. Pictures taken online won't swing it. Photos taken of the chest of drawers in situ in the flat..with hopefully the view over London from the 11th floor, might.

Next stage is the NTO as the reduced sum payment period has lapsed.

I'd start working on the narrative of your formal reps and the photographic exhibits in parallel.

On *** my stepson took possession of ..(address) as tenant. Previously he had been living at ..... He is *** years old. At this stage he, like most people setting out on the property ladder, needed fixtures and fittings. We(his mother and I) agreed to help him out with furniture which was surplus to our requirements. On the date in question, we were transporting a 5-drawer chest of drawers from ***(your address) to ****(his). We had recce'd the road beforehand and noticed to loading bay which was ideal for our purposes(providing it was unoccupied). We arrived at **** and luckily it was free.

There was only room in the car for the chest with drawers in place and so on arrival we had to take these out one-by-one and transport to the flat on the 11th floor.