As my vehicle was clearly being loaded with boxes and furniture during the time it was parked, I believe I was within the bounds of the exemption.
But it's not clear that it was being loaded, that's the point.
Once a CEO has observed a vehicle for a reasonable period of time and not observed loading then the burden of proving the exemption falls to the motorist, in this case you.
So what are you required to prove:
As yours was not a commercial activity, that the car was necessary for transporting the goods;
That you were not in contravention for any longer than necessary.
If you don't tell the authority the size, weight, type of items then you invite them to reject your claim. Similarly, IMO you need to tell them why you did not park in the High Street outside or closer to the premises in question. From your description, the premises might be within the 'no vehicles' zone, but why didn't you park elsewhere in the High St where there are DYL but no loading restrictions. At least tell them that you considered this but decided not to because......
True, it was not immediately clear what was being loaded as we were picking up the boxes, and I understand the confusion. In my appeal, I had emphasised that the CEO observed for a mere 2 minutes, which might not have been a sufficient duration to ascertain the activity happening at that time.
To address the concerns raised:
The necessity of the car for transporting the goods: The goods comprised two boxes of children's stationery items like markers and notebooks, and a flat-packed table. These items, though compact, were fairly heavy, making it necessary to use the car for transportation. Manually carrying them to a distant parking location would have been physically strenuous and time-consuming.
Duration of the contravention: I ensured that the car was parked for no longer than was absolutely necessary, which was a brief span of 5 minutes. This was the minimum time required to safely load the heavy items onto the car.
Regarding the choice of parking location, the high street outside the premises is a protected area with bollards, preventing vehicles from pulling up closer. This is why I did not park or pull up there. However, to minimise potential disruption and to respect the rules to the best of my understanding at that time, I chose a spot that was in closest proximity without blocking any rear entrances to the shops, thus ensuring I did not obstruct their loading processes.
Contents:
2x Markers box: 40 x 40cm x 25
Notebooks box: 35 x 40 x 30
Flat pack table: 75 x 50 x 15cm
I trust this additional information clarifies my actions and the necessity behind them. I appreciate your time.
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