Free Traffic Legal Advice

sorry for the delay. I have a hospital disaster going on at the moment and could really do without parking stress but i also know harrow council wont give me any leniency if i miss their deadline even in medical emergency scenario!


Here is what I have:

the insurance BB data time stamps of my arrival 11:33 not 11:31
the b&Q collection confirmation emailed on the day in question but the order date was the previous day.

I have quickly drafted something - i want to put somethign in before the discount period and then forget about it for awhile while i focus on the hospital crisis.

im hoping the above is enough for the moment and if i need something more sold from b&q direct then i can deal with that at a later time.....i dont really have time for faffing now, ive justs logged on quickly to sort this.

please advise if the beow is good enough for now?

https://www.dropbox.com/scl/fi/t1kp47x4zjtfgsiv9relu/B-Q-Order-Collection-15.11.25.png?rlkey=qncp7gqvgjlylx7n6sk4sikrm&st=h10tzype&dl=0
https://www.dropbox.com/scl/fi/qy0kepom73mdapmy1g5dw/By-Miles-Black-Box-recording-15.11.25.png?rlkey=84ee4vvmod12cfoh7qif0c9fl&st=51gak8kr&dl=0


Dear Sir/Madam,

I am writing to formally challenge the above Penalty Charge Notice.

The PCN alleges that my vehicle was stationary in a loading bay while loading was not observed from 11:31 to 11:36. I dispute this allegation on two grounds:

1. Incorrect observation start time 
   - The Civil Enforcement Officer recorded the start time as 11:31. 
   - My insurer’s GPS‑controlled black box records my vehicle as not stationary until 11:33. 
   - This discrepancy suggests either clock asynchrony or premature recording by the officer while I was still manoeuvring into the bay. 
   - The final enforcement photograph, time‑stamped 11:37, clearly shows my indicator lights turning on as I returned to open the vehicle for loading. This demonstrates that I was engaged in loading activity within four minutes of parking, consistent with the black box record.

2. Legitimate loading activity
   - I was present to collect a bulky garden furniture order from B&Q. 
   - Loading encompasses not only the physical transfer of goods but also the preparatory steps: confirming the order, waiting for staff and opening the vehicle to receive the goods. 
   - I explicitly informed the officer that I was loading and that the B&Q staff were bringing the goods out. His response — “this is for commercial vehicles only” — was incorrect, as the signage stated “Loading Only” without restriction to commercial vehicles. 
   - The bay was therefore used exactly as intended, and loading activity was in progress throughout the observed period.

**Supporting evidence attached:** 
- B&Q order collection receipt. 
- By Miles black box data showing stationary time commencing at 11:33. 
- Enforcement photographs, including the 11:37 image showing indicator lights activated as I opened the vehicle to load. 

In light of the above, the PCN is unsustainable. The observation period was flawed, and legitimate loading was clearly taking place. I respectfully request that the PCN be cancelled.

and the loading was just a few mintues after the conversation with the warden and left shortly after. my by miles black box said the next journey started at 11:43 so that was 6 minutes after the PCn was issued.

Hi
Yes I was loading pre-ordered garden furniture goods from B&Q - i do have the order as proof but it just says collect within 7 days so not sure how good the evidence is for the exact time and date. I also have my by miles black bow saying i parked at 11:33 and not 11:31 - i swear i could see the CEO out with his device while i was indicating left to pull in so altho i can never be sure, he may even have punched the start time before i actually stopped OR there was a discrepancy between his clock and mine.
I dont think there will be any dispute on the return time of 11:37 because in the last photo u can actually see my lights are on as i had opened the car to allow loading.
The slight complication of the story was because i had parked down the end of the road, i went round to B&Q and told them look im parked down the road - can u please help bring out the furniture thre as i cant carry it, so when i ran back to the  car it was to open the boot for the B&Q man to follow me and load, ie i was not carrying the goods - so maybe thats why he thought i wasnt loading but not really as hed already issued the ticket! i explained that i just came back to tell B&Q man to come now and he can see if he waits and he just wasnt interested saying its commercial vehicles and if im collecting from B&Q to just appeal.

Questions: I will put my appeal as above, but am i entitled to ask for photos for the start time of observation?? It was definitely only 4 mins according to my clock when i returned to open the boot or actually is that irrelevant as all i have to say is that i was waiting to load?

sorry i dont know how to do that. but if you punch the details into the harrow website it shows the photos. it just says loading only. nothing about commercial vehicles.

but i got asked:
Can you please confirm if you wish to attend a video hearing for the cost application or if this can be decided as a postal case which means you do not have to attend"

ive also found these previous cases

-   
•   2240406329 – Appeal allowed where brief absence to escort a child was accepted under the boarding/alighting exemption.
•   2240435225 – Tribunal rejected Harrow’s view that assisting a child before boarding nullified the exemption.
•   2240372023 – Disabled passenger escorted into a hotel; exemption upheld despite Harrow’s refusal to recognise it.
•   2030235349 – Assisting a wheelchair user into a bank ruled exempt; council incorrectly focused on loading.


not sure if those will add any weight to a cost order

Great, thank you so much for your help.


@stamfordman, judging by your comment that harrow should not have contested, do you think there are grounds for a cost order? i wasn't going to bother unless anyone here thinks its worth it - they did fail to even consider the exemption at every stage which the adjudicator alluded to but didnt comment on any procedural impropriety.