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I've sent my formal appeal using the advice given, will keep you guys posted

Going to send across the formal appeal later today with the below, feel like having a dig and aim at them!


I would ask the Council to explain how it can justify and support the following statement made in its response to my appeal:

"The loading exemption you referred to does not apply in Disabled Residents Permit bays. These bays cannot be used for loading or unloading, even for short periods, and even where the activity is continuous. Parking in such a bay without displaying the required permit is a contravention, regardless of the reason for stopping."

This statement is inconsistent with the relevant Traffic Management Orders, namely TMO '27 East Ham Disabled Residents No. 1 Order 2005, read together with TMO 2017 No. 14 (EH) (DRPH) (SPA) (No. 1, 2005) (Amendment No. 11) Order 2017.

Those Orders clearly provide multiple exemptions under which a vehicle may lawfully wait in a Disabled Residents Permit bay. In particular, Articles 11.1(g) and 11.1(h) expressly permit a vehicle to wait in the bay for the purpose of loading or unloading, including the removal of furniture to or from a dwelling house, provided that the vehicle does not wait for more than 20 minutes. These provisions are explicit exemptions that apply during the prescribed hours and directly contradict the Council's assertion that loading and unloading are never permitted in such bays.

I request that the Council explains the legal basis upon which it claims that no loading exemption exists, despite the clear wording of the applicable Traffic Management Orders.

I also request that the Council cancel this Penalty Charge Notice immediately.

Finally, I strongly recommend that the Council provides appropriate training and guidance to the officers responsible for considering representations. The response I received demonstrates either a fundamental misunderstanding of the applicable legal exemptions or a failure to properly consider the legislation relevant to this case. Neither outcome is acceptable and undermines confidence in the fairness of the Council's enforcement process.

A loading bay must have a sign to show whatever loading restrictions there may be, for instance restricting the bay to vehicles built for the carriage of goods

Does this mean that then technically it becomes a invalid PCN, or it can be fought on this ground and won without fail?

The sign isn't needed with 24/7 loading restrictions but is often used to bolster double kerb blips as they do degrade.

Noted for future reference, So I guess on this case there, best he just pays the discounted rate?

1. Would the same apply if there was a loading bay (marked on the floor), would it need a lampost with a signage stating the times or similar, asmy brother has recently been parking in such a space to load/unload.

2. His been worried as each time he unloads stock, he has to lock the car and go away up a building and back down, the warden in this period would see no one loading/unloading and  give a ticket, I've advised him to leavea note stating your loading at the property and floor level and your number - Is this the best practice in such a case, or would you advice otherwise.

Is the location on the PCN correct.

Yep the location is correct, while its a long road, it seems to be aroudn this point on gsv, looks slightly older, albiet only a year.. as i do nto see the no loading sign in gsv, ratehr there is a loading lampost (which I assume is no longer there)

https://maps.app.goo.gl/yoXkdqJvwjxndEir8

See Attached, two TMO's one cannot be read without the other they've said, basically the first one contains the main order.

https://www.dropbox.com/scl/fi/brcj5xxmabfhpwzcbjabp/2017-14-EH-DRPH-SPA-No-1-2005-Am-11-Order-2017.pdf?rlkey=0etqe0c4s7z1lx7ddj7tcqqwh&st=k6k8fv8p&dl=0

https://www.dropbox.com/scl/fi/o2kkqpn2js0t4xcsd1yje/2005-27-East-Ham-Disabled-Residents-No-1.pdf?rlkey=hkyw071tq4l9evyk7tkmmf3rm&st=6zq0zwgm&dl=0

Hi All,

I recieved a PCN for parking in a disabled bay, across teh road aroudn 6 houses down,  which was the only bay available on the entire street. We had to load a computer desk.

https://ibb.co/wNwsbCQY
https://ibb.co/4nRVTk58

Contravention 165 - Parked in a permit space or zone without a valid virtual permit or clearly displaying a valid physical permit where required (dedicated disable bay)

I appealed, stating this, with pictures of the desk, the road showing no parking, highlihgting, I had two choices, block the road as i loaded, park up on disabled and load carefully. The warden may have just missed us as we parked and walked to get the desk, otherwise I believe he would have allowed us to load.

My first appeal to the LA:

"I am writing to formally appeal against the Penalty Charge Notice issued for my vehicle while it was parked in a resident permit holder disabled bay.
At the time the PCN was issued, I was actively engaged in loading heavy goods to/from my property on the same road.

Due to the nature and weight of the items, it was necessary to park as close as possible. Unfortunately, there were no available spaces directly adjacent to my property, and the nearest available space was the disabled bay further down the road.

I would like to highlight that:
* My vehicle holds a valid resident permit for this zone;
* Resident of the same road where the vehicle was parked;
* The vehicle was being used solely for the purpose of loading/unloading large/heavy items;
* The activity was continuous and required me to move between the property and the vehicle.

I fully appreciate that disabled bays are intended for specific users and would not ordinarily park in such a space. However, in this instance, the lack of available parking meant that using the nearest bay was necessary for a short and reasonable period in order to carry out the loading.

I also understand that Traffic Management Orders allows for loading and unloading in such bays for a reasonable duration, particularly where the activity is continuous and necessary. I believe my actions fall within this exemption.

To support this, I have attached photographic evidence showing:
* The entire road was full at the time, including a view from my property demonstrating the lack of available parking nearby;
* The items being loaded, illustrating that they were heavy/bulky and required the vehicle to be positioned as close as possible.

Additionally, I spoke with the Civil Enforcement Officer after the PCN was issued, who indicated that had they observed the loading activity taking place, the PCN would not have been issued. Unfortunately, as I was loading from a short distance away, they were not aware of the situation at the time.

Given these circumstances—namely that I was engaged in genuine loading activity, that I hold a valid resident permit, that no closer parking was available, and that the use of the bay was necessary and temporary—I kindly request that discretion be exercised and that the PCN be cancelled."


Councils Response:

https://ibb.co/4wytCNg6
https://ibb.co/fzHrz717

I have requested the TMO for the bay, which states the following under 11.1.g and 11.1.h (sorry was unable to upload a PDF), this is what we were doing litereally, so this is the exemption that would apply surely?

https://ibb.co/JjHhhCsj

Question is if this would fall under adjacent, as in are they literally saying the house has to  be 180 degrees ifront of the bay? as my house was across the road but 6-7 houses away.

Also, could the council appeal, reason being if it is 3 days as the ajudicator has mentioned in his outcome, they can argue it was emailed across with 3 days clear?