Author Topic: west suffolk council pcn 01, walnut tree lane sudbury  (Read 1443 times)

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west suffolk council pcn 01, walnut tree lane sudbury
« on: »
hello. thanks to whoever took the time the set up a new site. Used pepipoo for years.

Working in the mill hotel installing new non slip flooring to the kitchen, approximately 200m2. which totals 6.5 2m wide rolls, each weighing roughly 120kg. Also 50 bags of smoothing compound to be used, each weighing 25kg and a 5 litre bottle of liquid to go with each bag.

have parked using the hotel parking, and on street. On this occasion, the rolls had been loaded into the hotel using the back door of the hotel (on a DYL) and were being distributed, which is no easy task considering the low ceilings, weight of flooring, number of customers, etc etc. Although this is commiting a contravention, taking the new flooring through the front of the hotel would not be possible, and also removing all the existing flooring would make a real mess in the front of the hotel. but its no excuse.

on my pcn there is no option to view evidence and i vaguely remember this being a requirement on a pcn from years back.

i would appreciate any help in getting out of this ticket. the manager has agreed to write an email proving the works were being done, if this is any good.

ive included 2 street view links. one, you can see the white door with half metal chequer plate that we used to load, i was parked directly outside this door, and where i received the pcn. the other link shows the other  half of walnut tree lane, and the back of the hotel, with the lorry. its well used for loading. no excuse, i know.



https://maps.app.goo.gl/X5dGc2nLmwpxbXUU7

https://maps.app.goo.gl/utVVvTgFwV9Vnkn16

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Re: west suffolk council pcn 01, walnut tree lane sudbury
« Reply #1 on: »
Although it's double yellow lines all along Walnut Tree Lane, there is the exemption for loading/unloading. However, it's not clear if you were there all day unloading the vehicle, plus installing the flooring, so please clarify. Loading includes all related activities, but would not include working in between unloading the vehicle.
Essentially, the law allows you to take as long as necessary, but no longer, and if you claim the loading exemption, it is up to you to explain the time taken.
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Re: west suffolk council pcn 01, walnut tree lane sudbury
« Reply #2 on: »
There is a flaw in the PCN re the time for payment which should be from the date of contravention not service although that they have given the correct date may well negate that
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Re: west suffolk council pcn 01, walnut tree lane sudbury
« Reply #3 on: »
hello thanks for replies. no, i hadn't left the van there all day whilst working. the rolls, each 2m high and quite heavy and awkward, were being navigated through the building. the van was moved immediately after.

Re: west suffolk council pcn 01, walnut tree lane sudbury
« Reply #4 on: »
pastmybest thank you, how can i check?

Re: west suffolk council pcn 01, walnut tree lane sudbury
« Reply #5 on: »
hello thanks for replies. no, i hadn't left the van there all day whilst working. the rolls, each 2m high and quite heavy and awkward, were being navigated through the building. the van was moved immediately after.
So you were unloading, and can therefore claim the exemption, as I see no loading restrictions on the street. You would have to explain why the vehicle was left unattended whilst you conveyed the goods to where they were to be delivered, how many trips were needed, and some collateral to support delivery of goods. Loading is a normal activity that sometimes requires parking on restrictions, so you have a pretty cast-iron reason for your reps to be accepted. In addition, maybe get a letter from the hotel manager.
Also make it clear in your reps that when the loading was complete the vehicle was move away.

Re: west suffolk council pcn 01, walnut tree lane sudbury
« Reply #6 on: »
thanks incandescent. ill get the letter from the manager confirming the installation, and send an appeal. ill keep you updated.

thank you

Re: west suffolk council pcn 01, walnut tree lane sudbury
« Reply #7 on: »
hello.

the hotel manager has gone rogue on me! has told me 4 times she will send me an email. and hasn't. last day to appeal tomorrow.

i do have a letter from the manager at my company, confirming the install... do you think this is acceptable?

thanks

Re: west suffolk council pcn 01, walnut tree lane sudbury
« Reply #8 on: »
Don't miss the deadline ! Include your manager's letter.  This is only the informal challenge stage, and there are two stages to go after this. Hopefully you'll get a response from the hotel by the next stage, assuming it is needed.

Re: west suffolk council pcn 01, walnut tree lane sudbury
« Reply #9 on: »

i do have a letter from the manager at my company,..

..so you weren't acting on your own account but were at work, yes?

Who is the registered keeper of the vehicle, you, your company, a lease company?

The 14-day period ends today - 14 days beginning on 13 Jan = 26th not 27th.

Re: west suffolk council pcn 01, walnut tree lane sudbury
« Reply #10 on: »
oh dear i think i
ive missed the deadline thinking it was today

Re: west suffolk council pcn 01, walnut tree lane sudbury
« Reply #11 on: »
The discount is likely to be re-offered even after unsuccessful reps, so still submit because you have nothing to lose.

..and pl respond to my questions regarding who is the registered keeper.

Re: west suffolk council pcn 01, walnut tree lane sudbury
« Reply #12 on: »

i do have a letter from the manager at my company,..

..so you weren't acting on your own account but were at work, yes?

Who is the registered keeper of the vehicle, you, your company, a lease company?

The 14-day period ends today - 14 days beginning on 13 Jan = 26th not 27th.

Yes, i was there to work. 7am - 9, 10, 11pm for about 9 days. My own ltd company is the registered owner - not the flooring shop i am doing the work for.

unbelievably the hotel manager sent the requested email within the hour after id appealed. My appeal was accepted online, case is on hold at the moment.

Re: west suffolk council pcn 01, walnut tree lane sudbury
« Reply #13 on: »
Quote
Yes, i was there to work. 7am - 9, 10, 11pm for about 9 days.
Presumably you know that you cannot just park-up, unload, then work on the flooring, leaving the vehicle on the DYLs ?

Re: west suffolk council pcn 01, walnut tree lane sudbury
« Reply #14 on: »
Quote
Yes, i was there to work. 7am - 9, 10, 11pm for about 9 days.
Presumably you know that you cannot just park-up, unload, then work on the flooring, leaving the vehicle on the DYLs ?
That depends on the traffic order, many traffic orders have a blanket exemption for "any building operation, demolition or excavation in or adjacent to any such street", though the exact wording varies from one authority to another.

I'll get hold of the traffic order so we can see what it says.

Yes, i was there to work. 7am - 9, 10, 11pm for about 9 days. My own ltd company is the registered owner - not the flooring shop i am doing the work for.

unbelievably the hotel manager sent the requested email within the hour after id appealed. My appeal was accepted online, case is on hold at the moment.
Presumably you can show that your LTD company was engaged to carry out this work, for example with a purchase order or invoice or similar?
« Last Edit: January 29, 2024, 12:44:42 am by cp8759 »
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