3. Newham - 25 - parked in loading bay
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Newham - 25 - parked in loading bay
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PN25417145

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Parked on anthems ways, loading bay, Mon - Sun 8-11am

I sent evidence of delivery being made, company invoice which has been acknowledged

Newham state that no evidence I was delivering as car viewed for 7 minutes. It was a few bags of coal which takes ages in the buildings to go up. Takes more than a few minutes to go up the front door.

They reference it was not a necessity for me but convenience hence I got the ticket.

Also evidence on PCN portal the images are not time stamped so no evidence the CEO watched for any duration.

Additionally Newham website reads as I can unload and no mention of the 5 minutes they claim I need to be seen.

The parking rules in Newham – Newham Council
Official guidance on parking traffic signs and loading rules in Newham including permit zones event day restrictions signage and how to avoid PCNs
Newham Council · newham.gov.uk


I’ll upload their response via google link need to remove private data.

Do I have grounds for strong appeal?

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Re: Newham - 25 - parked in loading bay
« Reply #1 on: »
As usual, they're talking complete bo***cks. The 'loading' activity encompasses all the necessary activities to complete the loading and driving off, so taking the goods to the delivery location so part of it. There is no 20 minutes max time in the law, they have just made it up.

Of course stopping to chat and have a cup of tea and a fag is not part of loading, needless to say.
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Re: Newham - 25 - parked in loading bay
« Reply #2 on: »
What loading bay, you've posted a permit holders bay? 
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Re: Newham - 25 - parked in loading bay
« Reply #3 on: »
@tincombe
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you can see the loading bay from this view, looking at anthem way

@Incandescent is there any particular wording to reference or do I just state the obvious, I was on a delivery, I provided the invoice, Newham response was b*ll, do I just appeal formally and take this to Tribunal?

Any directions or steer?
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Re: Newham - 25 - parked in loading bay
« Reply #4 on: »
This is the response from Newham dated 30 April

Response to informal appeal, rejection. 14 days to get the rejection and then make the formal rep

Newham Informal Appeal Rejection PN25417145.pdf
Google Docs · drive.google.com


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Re: Newham - 25 - parked in loading bay
« Reply #5 on: »
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Re: Newham - 25 - parked in loading bay
« Reply #6 on: »
OP, it's not publicly accessible.
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Re: Newham - 25 - parked in loading bay
« Reply #7 on: »
@tincombe changed to anyone with link
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Re: Newham - 25 - parked in loading bay
« Reply #8 on: »
Photo shows the sign for the bay says "Loading Only Mon-Sun 8-11 am. However the bay may be within a permits-only zone.
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Re: Newham - 25 - parked in loading bay
« Reply #9 on: »
@Incandescent the contravention occurred during loading times, challenge is I was loading, evidence provided from supplier.

Newham have stated (see response via link), observed vehicle for 7 minutes, if no loading seen within 5 mins etc, they deem my stopping in the loading bay to unload coal and go up the building convenience not necessary, hence PCN stays

Newham Informal Appeal Rejection PN25417145.pdf
Google Docs · drive.google.com


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Re: Newham - 25 - parked in loading bay
« Reply #10 on: »
Like all London councils, Newham have responded to your informal reps with the usual Fob-Off letter, because they know that >95% of people then cough-up, not wanting to risk the full PCN penalty, and, needless to say, thinking that the council know more about the law than they do. Experience of this forum is that councils do NOT know the law and some make it up as they go along judging by their refusals.

So really you have to decide whether to follow the 95% or stand your ground.
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Re: Newham - 25 - parked in loading bay
« Reply #11 on: »
OP, see s 13.15 here: https://assets.publishing.service.gov.uk/media/5c78f895e5274a0ebfec719b/traffic-signs-manual-chapter-03.pdf

In a way, the council are correct e.g. only for as long as necessary and loading must be taking place.

As regards their claim regarding the visibility of the process, it's nonsense. Case law states that the term 'loading' whether applied to yellow lines or parking places reserved for 'loading', applies to:

Unloading;
Loading;
Collecting;
Delivering.

And that 'delivering' and 'collecting' must of necessity occur away from the vehicle.

I would carry on if(and only you know this) you were in the continuous process of delivering a load and then returning to the vehicle.
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Re: Newham - 25 - parked in loading bay
« Reply #12 on: »
@tincombe yes, they only observed for such a limited time. Unloading a few bags, trolly to building and up and back. Takes more than 5-7 minutes

Do I just say it as it is or is there any structure recommended to present my case to tribunal
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