Author Topic: North Ayrshire Council - Parked in loading bay - LARGS  (Read 591 times)

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North Ayrshire Council - Parked in loading bay - LARGS
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@cp8759

I'm looking for urgent help as if I need to pay it, I currently only have 4 days left of the "half price within 14 days"

Could someone please help and tell me if I have a case to appeal please?
I recently parked for 5 minutes in a loading bay whilst collecting an urgent prescription as I was experiencing an asthma attack and had no inhalers due to visiting my mum and dad in Largs. I live in Glasgow and so it wasn't feasible to jump home to get it. I was parked outside Boots Chemist.

The street signage where I parked is poor, except some writing on the road which is hard to see when its dark as its pained red + white. As there is no signs telling you when you can/can't load (I know I wasn't loading any goods but it was an emergency) I wasn't sure if it would be possible to appeal on these grounds?

Thank you!


https://maps.app.goo.gl/M8EWg3BWZa3qEgWC9





https://postimg.cc/gallery/PTKgRwP
« Last Edit: January 27, 2025, 12:46:19 pm by panda1234 »

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Re: North Ayrshire Council - Parked in loading bay - LARGS
« Reply #1 on: »
Well, there should be a sign, but the bay is very clearly marked with red paint and text, so this argument, whilst valid, may not get the PCN cancelled on its own.
Please also post-up the PCN, all sides, so we can check it for fatal errors

I suggest after we've had a chance to assess the PCN and give advice, you submit representations based on the emergency hailer purchase, then also mention that there is no sign for the 'loading only' restriction which is a mandatory requirement within the regulations.


Re: North Ayrshire Council - Parked in loading bay - LARGS
« Reply #2 on: »
Hi,

thank you for your reply.
I have tried post the PCN image but the imgur link isn't showing when I post?
Ive uploaded the images to the link below.

https://postimg.cc/gallery/PTKgRwP


Re: North Ayrshire Council - Parked in loading bay - LARGS
« Reply #3 on: »
There is a tiny sign: https://maps.app.goo.gl/Z5Y8WjVsvpUVin7s9

This case could help.

--------

Case reference 2240543206
Appellant Roshan Khan
Authority London Borough of Newham
VRM FR10LZM

PCN Details
PCN PN39398162
Contravention date 09 Aug 2024
Contravention time 09:52:00
Contravention location Broadway
Penalty amount GBP 130.00
Contravention Parked in a loading place without loading

Referral date -

Decision Date 15 Jan 2025
Adjudicator Sean Stanton-Dunne
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons Mr Khan was scheduled for a personal hearing today but was unable to attend and confirmed that the appeal should be decided as a postal appeal.
Mr Khan's evidence is that he parked in the loading bay to collect his mother and her belongings, following an eye appointment at Moorfields Hospital. There is documentary confirmation from the hospital of the appointment and I accept Mr Khan's evidence that his mother needed assistance in returning to the car because of the eye drops used during the appointment. I also accept Mr Khan's evidence that he had returned to collect his mother after dropping her off for the 9.15am appointment and that he had not waited, as suggested by the Council. Mr Khan says that he was parked for about 10 minutes. Mr Khan has explained that the belongings included paperwork from the appointment.
I am satisfied that the vehicle was properly stopped for loading purposes. The TMO defines "goods" which can be loaded in very broad terms, including the collection of postal packets. I see no distinction between a postal packet and paperwork issued by the hospital which will often be contained within an envelope. The collection of belongings and paperwork can, in my judgement, properly be regarded as the collection of goods within the terms of the TMO.
« Last Edit: January 27, 2025, 01:38:06 pm by cp8759 »

Re: North Ayrshire Council - Parked in loading bay - LARGS
« Reply #4 on: »
We will need to get hold of the traffic order, these are the council photos:









The road markings look pretty clear, and this is a Scottish case so decisions of London Tribunals hold less weight than they would in England & Wales.

@panda1234 the discount is normally reoffered if you make a prompt challenge, what evidence do you have about your condition and what you were collecting?
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: North Ayrshire Council - Parked in loading bay - LARGS
« Reply #5 on: »
I missed that sign looking at GSV. Must go to Specsavers !  Presence of the sign, plus the very prominent road markings mean there is not much to go on for a representation, I'm afraid.

Re: North Ayrshire Council - Parked in loading bay - LARGS
« Reply #6 on: »
thank you for getting back to me. I also did not see the tiny sign and I didn't see it on the day either as I was in such a rush. I am hoping to get a letter from the pharmacist explaining that they did in fact prescribe me emergency medication in this instance and I have a repeat prescription slip as evidence that I regularly take this medication.

Re: North Ayrshire Council - Parked in loading bay - LARGS
« Reply #7 on: »
@panda1234 I have requested the traffic order, in the meantime please let us know as soon as you get that letter from the pharmacist.
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

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: North Ayrshire Council - Parked in loading bay - LARGS
« Reply #9 on: »
@panda1234 any update on this?
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