Author Topic: Swindon (Clifton Street) PCN, code 12: Parked in residents parking zone without permit  (Read 126 times)

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mooney11

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Hello,

Yesterday I returned to my car to find a ticket on the window. I was parked in total for approximately 25 minutes in a residents bay in order to load my car but was observed for 5 minutes (14.44 - 14.49) and received a PCN as a result.

Details:

I run a small business that distributes leaflets and magazines to homes in Swindon. I'd received a call from one of my deliverers, Nick, that he had injured his knee and was unable to finish his delivery round so I had arranged to pop over to his house on Clifton Street around 2.30pm-ish to collect any magazines etc that they still had left to deliver so that they could be given to someone else to finish.

If I'm lucky I can often get a parking spot right outside his house, meaning I can leave the boot/doors open and I'm in and out in a jiffy. On this occasion however I could not park outside his house so had to park further up, on the opposite side of the street. For context, I had to collect a load of magazines - around 1,000 in total, plus accompanying leaflets. The magazines are quite heavy and are bundled into 50's when they arrive to my unit each month, and I'll usually carry no more than 4-5 bundles in one go. Leaflets and other materials I spend time pre-bundling myself and putting in cardboard boxes. Most deliverers collect their rounds from my unit, however those who do not drive will require a drop off and most deliverers will de-bundle and prep their materials and delivery bags at home.

I did about three runs to the car initially with the magazines that were still bundled into 50's which only took a couple of minutes, before returning to Nick's house to deal with the rest. As my car was out of sight of Nick's front door being parked further up the road, and I knew I'd be in his house dealing with the other materials for a good few minutes, I had closed the boot. The other materials had been broken down and organised by Nick for delivery, meaning all the leaflets and magazines were collated and no longer in their original bundles so it took a few minutes to sort through them, organise them and put them into cardboard boxes so that I could get them back to the car. We had a very brief chat to go over which streets still needed to be delivered to etc and that was that. I wasn't watching the clock but I imagine dealing with this took around 15 minutes or so. Once the last of the materials had been organised I did a couple more trips to the car, got in, checked my phone for a minute or so and then set off. I got about a few metres up the road before noticing there was a ticket on my windscreen. I pulled over, grabbed the ticket, read it and then checked the time on my dash and it was 2.59pm.

This is actually the second time this exact scenario has happened to me (the first being when moving house, I'd left the rental van unattended and close for a just a few minutes whilst in the middle of loading only to return to a ticket). I did not contest that first one as it seemed more hassle than the £35 was worth but if I can contest this one I'd welcome your help.

Thanks

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mooney11

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PCN attached

H C Andersen

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The rear of the PCN pl.

A GSV would help.

Is it a 'resident's etc.' or a 'permit' bay?

mooney11

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Rear of PCN (thought I'd attached already!) attached and GSV:

https://maps.app.goo.gl/9QQyeW9R41acefFB8


Incandescent

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https://tro.trafficpenaltytribunal.gov.uk/TRO/Swindon/2021-Consolidation-Order-Sealed-together-with-attachments.pdf

Assuming there is a loading exemption, you should submit reps on that basis, also listing the goods being loaded, with bulk and weight.
I assume you've loaded here before without a problem. There must be a loading exemption or else nobody would be able to make deliveries, or collect goods.

H C Andersen

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OP, thanks.

As regards the sequence of events, the CEO issued the PCN because it was parked without displaying a valid permit and an exempt activity was not observed.

The CEO is not saying that such an activity was not taking place, simply none was seen in the observation period. Therefore, as Article 10(9) exempts 'active' loading your reps need to address this requirement.

On a personal note, I dislike the use of contravention 12 for what appears to be a simple permit bay. Note that there is no such defined item as a 'resident's permit', only 'permits', and as the bay doesn't appear to be shared use IMO use of contravention 12 is wrong and misleading e.g. a 'permit' is defined as 'any ..permit' issued by the council. These include 'family carers' and 'contractors' and probably doctors and a few others other than resident's. So how would the driver of a vehicle whose owner holds of one of these know how to respond to a claim that they did not display a resident's permit!


cp8759

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@mooney11 this should be a simple representation based on the fact that you were loading. You will need some supporting evidence, can you show some evidence about the existence of your business (such as a website, brochure or whatever else), a record of the delivery round (presumably Nick is given a route), and screenshots of any texts or whatsapp messages from Nick informing you of his predicament?

We always recommend posting a draft on here in the first instance.
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

mooney11

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Thanks all for your responses.

Quote
@mooney11 this should be a simple representation based on the fact that you were loading. You will need some supporting evidence, can you show some evidence about the existence of your business (such as a website, brochure or whatever else), a record of the delivery round (presumably Nick is given a route), and screenshots of any texts or whatsapp messages from Nick informing you of his predicament?

I can easily evidence the existence of the business, and you're correct that a route map which includes the materials to be delivered, the date of issue and the deliverer's (in this case Nick) full name, address and contact number. I also have a voice message from him that same morning that I should be able to download from my phone - it's vague, says he has bad news and can I call him back - and I have a text message from today checking in on him asking how his knee is (not good at all!). I would also be able to weigh the materials as per a previous posters' suggestion and have been picking up and dropping off to Nick for almost 10 years without issue.

cp8759

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@mooney11 as I said, it's a good idea to post a draft of your representation on here in the first instance.

Also please give us the number plate so we can do some basic checks.
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order