Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Nelly30 on October 29, 2024, 01:46:47 pm

Title: Re: TfL - 46: Stopped where prohibited - Trevelyan Road, Tooting, London, SW17
Post by: Nelly30 on December 06, 2024, 02:58:55 pm

UPDATE: PCN Cancelled.
Thank you for those who contributed

Title: Re: TfL - 46: Stopped where prohibited - Trevelyan Road, Tooting, London, SW17
Post by: Nelly30 on November 01, 2024, 07:57:25 pm

Thanks. I run my own small property management company. In effect, self employed.

My car is owned privately but used for business and leisure purposes (insured as such as well). I.e. it is a working car and absolutely critical for me to use.

Materials purchased were for repairs at a managed property.

I found this document, on the back of what you say, which seems to imply business use of a loading bay carries exemption regardless of item size (point 6 on page 7) "to enable goods to be loaded":
https://www.londontribunals.gov.uk/sites/default/files/keycases/Bosworth%20%26%20Others%20v%20LB%20Tower%20Hamlets.pdf

Title: Re: TfL - 46: Stopped where prohibited - Trevelyan Road, Tooting, London, SW17
Post by: H C Andersen on November 01, 2024, 06:41:13 pm

As I understand it, there is case law on the subject of 'loading' which deals with the interpretation as regards yellow lines, loading bays and exemptions from stopping restriction, as here.

The point is that 'loading' should be construed in the same way whenever it applies.

Here, among other matters it means that the load was such as to require a vehicle to transport it.This need varies depending upon whether the vehicle was engaged in a business or not.

So OP, the background pl.

Are you employed/self employed/ private DIYer, the vehicle is a goods vehicle or not, you go to the shop to buy or collect/deliver/return tools and equipment or what?

Over to you.

Title: Re: TfL - 46: Stopped where prohibited - Trevelyan Road, Tooting, London, SW17
Post by: Nelly30 on November 01, 2024, 06:10:24 pm

Thanks for the reply.
This one was pre ordered but the following day was drop in I believe

Title: Re: TfL - 46: Stopped where prohibited - Trevelyan Road, Tooting, London, SW17
Post by: Incandescent on October 29, 2024, 02:51:24 pm

Were the goods pre-ordered, or did you just go shopping ?

Title: TfL - 46: Stopped where prohibited - Trevelyan Road, Tooting, London, SW17
Post by: Nelly30 on October 29, 2024, 01:46:47 pm

Hi all,

I have received the attached PCN at this location:
https://maps.app.goo.gl/vxhEjWfX3XtZztZ49?g_st=ac

I was collecting an order from Screwfix, so genuinely was loading goods.

Before I send a representation, is it sufficient enough to include my invoice and expect to have the PCN cancelled? My worry is I have visited since this PCN, so presuming I will get more tickets through he post :(

https://imgur.com/a/48p1pgw

Thank you