Free Traffic Legal Advice

Hi there,

I hope you can help me. I feel I have unfairly received a PCN, and I have already challenged this with the Council, but today received their response that the PCN is valid, and I am liable, unless I escalate it now to the independent adjudicator with a formal representation. I'd like to know if this is worth doing.

I parked in a loading bay, during its operating hours. The signage clearly states loading is allowed during these times "for 20 minutes". There is an Argos opposite, I went to collect my heavy parcel, and upon returning to the car had a PCN, code 25 Parked in a loading place or bay during restricted hours without loading. Their photographic evidence shows they first photographed the car at 18.04, and then again when they issued the ticket at 18.12, saying that in those 8 minutes of monitoring the car there were no signs of loading. Is this allowed, and fair, given the signage clearly states 20 minutes?

It was unfortunately still during the loading bay hours (as they are in force until 19.00) but when I was actually just opposite the bay picking up a large parcel from Argos, to return to the car a mere 10 minutes later, I'm not sure why I've been issued with this ticket when a) I was loading actively, and b) was a mere 10 minutes when signage states 20 is actually allowed...

Thanks for any help!

Going shopping and then loading it into the car is not "loading".

However, their letter of rejection of your informal challenge contains a serious mis-statement of the law. Loading does NOT have to be continuous at the roadside, or else goods could never be collected or delivered. The activity "loading, (also unloading) covers all the activities related to the goods where the vehicle may have to be left unmanned while the driver collects/delivers good, and obtains signatures on documents etc. However, adjudicators have been quite clear in numerous adjudications over the years, that parking to go to a shop, buy something, then return to the car to load the goods into the car, is not considered loading.

Thanks for the responses - yes, it was a pre-ordered heavy item. I mentioned in my appeal email to the council that I had proof of this, pre-ordered from Argos online and then visited the store that day simply to pick up and load the car with the pre-ordered purchase. But they still rejected my claim.

A preordered item from Argos justifies loading as picking it up takes only as long as necessary.

But the key is the item and whether you could have used say a pay bay further away or even whether it could only be transported by a vehicle.