as you can see in response, LA state in other words they believe I did not need loading bay
No they didn't. They didn't question your use in principle, they rejected your claim to have used it lawfully because they applied a version of the law called Newham's Rules, a very localised and incorrect interpretation of the law.
On the basis of your account, I would suggest something along these lines:
On *** I parked in the designated loading parking place in Anthems Way in order to deliver by way of my commercial occupation of haulier/carrier a load of *** to **** which is situated near the parking place. The process of delivery required me to *********. This, combined with obtaining confirmation of delivery, took no longer than necessary.
Before the authority repeat their mistaken understanding of what is considered to be 'loading' under the council's Order, I would refer you to the Environment and Traffic Adjudicators(ETA) position, which itself is derived from Case Law, as follows:
'However, in the case of couriers or professional deliverers of goods on a delivery round, this commercial context would lead the Panel to conclude that this is certainly the sort of activity for which the exemption is designed - even if an individual item being delivered at any one point is small and easily carried in the hand.'
the mere fact that a CEO does not see loading in progress does not
automatically mean that loading is not taking place. However, the longer the
observation period with no sign of movement of goods the greater the
evidential burden on the motorist to give some explanation for this and
demonstrate that something amounting to loading was in progress out of view.
I did not set out this detail in my earlier representations because I thought that ETA's position was understood by authorities. If you are in doubt then please seek legal advice.
As I was engaged in an exempted activity the contravention did not occur and the PCN must be cancelled.
But OP, more proof and detail is needed from you, including a Copy Invoice that at least includes the correct delivery date!
