Last month I bought a rug from a carpet shop in Lewisham. Because the rug was large & heavy when rolled up, I went & got the car and parked in the loading bay in front. I went in to get it and one of the carpet shop guys helped me carry it out & load it into my car. Definitely ‘loading’. However by the time we got to the car with it, I had a ticket. Contravention 25 “Parked in a loading place during restricted hours without loading”
I appealed the PCN. In my appeal, I explained I was loading. The carpet shop wrote me a note to confirm that I was indeed collecting a rug, which I attached. It was not an invoice because I paid cash in hand (shh) but the manager gave his name and confirmed that they can call him at the carpet shop to confirm. I therefore wrote in my appeal that Lewisham Council are welcome to call the carpet shop to confirm this, and I attached one of their business cards.
However I have received a rejection, which says:
I have noted your comments and investigated the evidence gathered by the Civil Enforcement Officer (CEO) at the time of the contravention. I am satisfied that the PCN was issued correctly and there are no grounds for the cancellation of it. This letter is issued as a rejection of your challenge.
I understand you stated you were loading/unloading when the contravention took place.
I have noted your comments and proof. I can advise that the PCN was issued as the vehicle was seen parked in a loading bay without active loading being seen. The sign says 'loading only' and pictures a person pushing a trolley. The issuing Civil Enforcement Officer observed your vehicle and during the observation period saw no loading / unloading taking place. Once loading / unloading has been carried out, the vehicle should be moved straight away, time is not allowed to unpack or install the goods delivered. The issuing officer observed the vehicle for more than 5 minutes and saw no driver or loading / unloading taking place.Is this correct – that even if you WERE loading, it is still a contravention if the enforcement officer does not SEE you loading?
And/or I suspect they did not call the carpet shop to confirm - do I have a case based on failure to consider?
If the consensus is that there is no point in fighting this, then I would like to pay by Friday because they emailed me their rejection on 27th September and they say
We will accept the reduced payment at £65 as full and final settlement if the payment is received within 14 days from the date of this letter. Regrettably, if the payment is not received within 14 days, the full amount of £130 will be due.
Thank you
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