Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: M456 on February 13, 2025, 01:07:20 pm
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He's also collecting a prescription from the pharmacy - will that do as loading a packet?
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Also, what time did you park there as we could also try the 10 min grace from being in parking designated by the pavement parking sign.
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They fixed the signage. The yellow line is only live from 11am-12 noon so was easily avoidable. London Councils guidance is not to ticket within 2 mins of start and end of yellow line times but yours is timed at 11:04. They could probably have also issued a footway parking PCN but that may have been more easily beaten here.
I've posted below a tribunal case that is relevant in that you were picking up a preordered 'good' that while not being a postal packet is a medical item containing papers of use.
(https://i.ibb.co/Wpyrjg52/image.png) (https://ibb.co/2YtzHghk)
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.
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There appears to be no signage giving the restrictions to do with that yellow single line on GSV on that side of the road https://maps.app.goo.gl/tkdxZUvfYFB17WG77 although there is on the other side. An expert will be along shortly to say whether that matters or not. Were there signs on that side of the road when you parked?
There is a sign some way down the street, but not actually by a yellow line !
https://maps.app.goo.gl/PhAnf4Bd4j5UPF9z9
Looks like the usual council bovine stupidity when it comes to signing restrictions.
So don't just cough-up straightaway like >95% do. Submit representations that the contravention did not occur as there are no signs in place that define the parking restrictions for the yellow line. Post up their usual Fob-Off letter when you get it so we can check it for fatal errors.
That sign appears to me to be to do with permitting the bays underneath to be used as pavement parking at the specified times and I thought that the sign @M456 notes appeared to be to be to do with cold callers. However, they are quite right, and after a lot of shuffling around I finally found this. However, even with the might of Photoshop I can't decipher it, so I guess the OP is going to have to go back to inspect it.[attachimg=1]
[attachment deleted by admin]
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The restriction sign shown in picture 2 is located on the streetlight in front of the white van in this GSV: https://maps.app.goo.gl/g7wRbtJDhwtC8WecA
The vehicle if it was in the GSV would have been parked in front of the white van.
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There appears to be no signage giving the restrictions to do with that yellow single line on GSV on that side of the road https://maps.app.goo.gl/tkdxZUvfYFB17WG77 although there is on the other side. An expert will be along shortly to say whether that matters or not. Were there signs on that side of the road when you parked?
There is a sign some way down the street, but not actually by a yellow line !
https://maps.app.goo.gl/PhAnf4Bd4j5UPF9z9
Looks like the usual council bovine stupidity when it comes to signing restrictions.
So don't just cough-up straightaway like >95% do. Submit representations that the contravention did not occur as there are no signs in place that define the parking restrictions for the yellow line. Post up their usual Fob-Off letter when you get it so we can check it for fatal errors.
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There appears to be no signage giving the restrictions to do with that yellow single line on GSV on that side of the road https://maps.app.goo.gl/tkdxZUvfYFB17WG77 although there is on the other side. An expert will be along shortly to say whether that matters or not. Were there signs on that side of the road when you parked?
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Does anyone else have an opinion on this or does it just need to be paid.
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PCN No: AF08684590
REG: AV73MLO
I wasn't aware of the restrictions and went to collect a prescription from the pharmacy.
There were only 4 pictures on the council website.
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Not sure why you have redacted Reg Mark and PCN number - please re-instate or post them here.
Any other photos on Council website?
The timings are consistent with the CVEO seeing the vehicle, issuing and affixing the PCN and taking photos which show the PCN was served. Any particular reason as to why you were parked there?
For convenience
(https://i.ibb.co/67mQW9n8/Scan2025-02-13-124551-000.jpg) (https://ibb.co/fz2Jx619)
(https://i.ibb.co/wZG5sDPM/Scan2025-02-13-124551-001.jpg) (https://ibb.co/Xf0c8mKS)
(https://i.ibb.co/jPh4tJY6/PCN48.jpg) (https://ibb.co/67YsQXSn)
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Hello All,
The vehicle was parked in a restricted during prescribed hours. The PCN shows a time from 11:03 to 11:04 but the photographs from the CEO show 11:04:41, 11:04:47, 11:04:58, 11:05:08
Can I appeal this on a technicality?
PCN1 (https://ibb.co/fz2Jx619)
PCN2 (https://ibb.co/Xf0c8mKS)
IMG1 (https://ibb.co/67YsQXSn)
IMG2 (https://ibb.co/Fq4G8ym5)
IMG3 (https://ibb.co/SXqHwTPF)
IMG4 (https://ibb.co/rfvKGsyq)
Thank you in advance.