3. Medway Code 01 - Parked in a restricted street during prescribed hours
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #75 on: »
I am now more than ever convinced that the TPT are now captured by the councils. If one looks on their equivalent of the London Key Cases, virtually all the cases are lost by appellants.
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #76 on: »
I don't agree, I think this case clearly shows that if you want to rely on a loading/unloading exemption you need to actually show up at the hearing and tell the adjudicator about what it is that you were loading or unloading.
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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
Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #77 on: »
Exactly. Particularly when, according to the adjudicator, the evidence of loading adduced by the appellant amounted to nothing more than receipts for purchases.

And so what did you do with your 36 croissants and 2 dozen cucumber sandwiches...

..well I took them straight away to the church, I can't stand cucumber!

...was missing because the appellant didn't attend.
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #78 on: »
Quote from: H C Andersen on September 13, 2025, 12:59:15 pm
Exactly. Particularly when, according to the adjudicator, the evidence of loading adduced by the appellant amounted to nothing more than receipts for purchases.

And so what did you do with your 36 croissants and 2 dozen cucumber sandwiches...

..well I took them straight away to the church, I can't stand cucumber!

...was missing because the appellant didn't attend.
Except of course, the civil law test is "on the balance of probabilities", so I think this adjudicator has not considered why the OP would buy stuff like this if it wasn't to be delivered to the church as stated in the representations. I still have serious doubts that TPT adjudicators are up to the job they are doing.
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #79 on: »
Quote from: cp8759 on September 13, 2025, 11:56:46 am
I don't agree, I think this case clearly shows that if you want to rely on a loading/unloading exemption you need to actually show up at the hearing and tell the adjudicator about what it is that you were loading or unloading.

Apologies in advance if I've misunderstood something or missed something, but isn't the problem that the OP couldn't provide any evidence of loading or unloading because they hadn't done any loading or unloading?

The OP said:

" It was late Sunday afternoon. I went to the Cash and Carry shop (London Cash and Carry on 291 -293 Chatham High Street ME4 4BN) across the road from where I was parked to by a number of heavy / bulky items for our annual international women conference 14th – 17th November 2024.  I have the flyer for the conference as evidence. Items included 6 bags of 20 kg special type of rice and 5 bags of 10kg Ground rice. I had to park as close as possible to the shop for easy access because of the weight, bulkiness and the number of items to be purchased and load into my car.

We have previously purchased these items from them that store. None was available on the shop floor. The shop assistant had to go into their stock room to check if they had any at the back.

They didn’t have any in stock but they can order it in for me. This process took a while about 5-6 mins. Came back to my car to find a PCN"   [My bold for emphasis].

Perhaps I'm mistaken but I take that to mean that the OP had not ordered in advance from the store; that the store had none of the goods on display; that the store had none of the goods in their stock room; that the store had to place an order for the goods; that the OP left empty-handed.
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #80 on: »
Quote from: ManxTom on September 13, 2025, 02:54:56 pm
Perhaps I'm mistaken but I take that to mean that the OP had not ordered in advance from the store; that the store had none of the goods on display; that the store had none of the goods in their stock room; that the store had to place an order for the goods; that the OP left empty-handed.
There is no store involved, the goods were being unloaded rather than loaded.
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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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