Author Topic: PCN Brighton & Hove City Council code 46 parked on loading bay red route, London Road  (Read 425 times)

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Hi I was issued a PCN for parking in a designated loading bay which appears to now be part of a new red route.

I was sitting in the car for probably 15 minutes whilst my wife was collecting some Christmas items from a local shop.

Is there a case?

Google street view link:

https://maps.app.goo.gl/HJkCBiTmMaNVAvnS9


Many thanks,
SloMo

https://imgur.com/a/nx6GhhI

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Have you posted all of the PCN ? There should be a section on submitting representations which also lists the statutory grounds for reps and also an appeal at the adjudicators.

They have been rather tardy in sending out the PCN. What date did you receive it, because they have a total of 28 days to serve a postal PCN from date of alleged contravention ? Served means received at the address on the PCN.
« Last Edit: January 27, 2025, 05:30:19 pm by Incandescent »

Hi @Incandescent,

No, apologies I’ve just updated the Imgur with the two sides of PCN for representations.

I’ve also uploaded the photo evidence that was online.

See below:

https://imgur.com/a/nx6GhhI

PCN was received in the post on 13 January 2025.

Many thanks,
SloMo

OK, so the PCN has been served within the 28 day period allowed, and the section for submitting reps seems OK.

Did you actually look at the sign for the bay where you parked, or did you just chance your arm ? The sign is clear enough - "Loading Only".  No days or times means it is a 24x7 restriction.

At the moment I see no credible reps unless you can tell us more.

There may be a 'technical appeal' based on Brighton mismanagement of the enforcement process, but for Brighton I'm not sure of one, but hopefully somebody may suggest something. 


@Incandescent @cp8759 The red route is relatively new and as there were no red lines on the road marked for the loading bay I thought it was okay to stop there.  I never parked and left the vehicle, I only stopped there and would have moved on had a Civil Enforcement Officer asked me.

This was captured on a manually operated CCTV I believe. I'm not sure exactly how long I was stopped there, but is there a 20 minute rule for loading bays?

Does anyone know of a technical appeal for city of Brighton & Hove council?

Many thanks,
SloMo

I'm not sure you need a technical appeal: what were the goods in question? You've said your wife was "collecting" some items, this suggests they were pre-ordered i.e. she wasn't just going shopping, if this is correct do you have any evidence such as a click & collect receipt or email?

Here's the video:



At some points it looks like you're rearranging some items in the car (making room for whatever she was collecting?) but towards the end of the video the car looks unattended? Unfortunately the video doesn't show her leaving or returning.

If you can show that she was legitimately loading goods then there is no contravention, because that's exactly what a loading bay is for.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

@cp8759 thanks for this. I hadn’t seen the video. Unfortunately, I don’t believe we have any receipts and moved before she arrived.  I need to appeal today or pay the reduced rate. Is there a generic appeal to buy some time? Thanks

@slomo just make a one-line representation saying that the alleged contravention did not occur.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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