Free Traffic Legal Advice

@mrmustard Thank you very much.

Just wanted to check with you before I submit your comments for the appeal - Is it worth mentioning your last point - the offer to pay 50% should not be there and the date has passed, as has the date to pay at 100% which is mandatory?

Also to clarify - Do I need to include my commentary from my informal appeal with this or can it be disregarded?

Thanks

Did you look at the sign by the bay which defines the restrictions for the bay ?

None of your reps refutes the requirement for vehicles using the bay for loading to be goods vehicles.  Looking at your photos, your vehicle is a passenger car so you will struggle to overturn the PCN.

Sometimes the PCN can contain a fatal error of content, so if you post the back of it, we can have a loot=k.  The front looks OK, however.

Yes - an image/location of where I was loading was provided by John.

Here is the back of the PCN - https://imgur.com/a/tLqrHh0

Thanks

Hi all,

Received the following PCN - https://imgur.com/a/Ri3ELAp

My informal appeal was as follows:

"To whom it may concern,

I would like to formally challenge the issued PCN for the following reasons: Procedural impropriety on the part of the enforcement authority:

The PCN has been incorrectly completed. The Schedule to The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 sets out the contents required by the Regulations for a valid PCN served under Regulation 9. The PCN is required to state the grounds on which the enforcement authority believes that the penalty charge is payable. Those grounds must be expressed in terms that allow the recipient of the PCN to properly understand the nature of the alleged contravention.

It is not clear on the face of the PCN what contravention has occurred as it simply states that the vehicle was parked in a place not designated for that class of vehicle. I do not understand from the wording given the nature of the alleged contravention. There is nothing to explain the class of vehicle for which the parking place was designated. The PCN needs to identify the class of vehicle for which the bay is designated. Mitigating Circumstances: I am a delivery driver for Amazon Flex and was making a Morrison's grocery delivery for a resident of Flat 422 Canada Gardens. There is no other area for me to unload my vehicle on this road other than the loading area.

I make reference to a TFL website which gives guidance on the correct use of loading bays: https://tfl.gov.uk/modes/driving/red-routes...-for-the-public “Loading is the activity of moving goods to, or from, a vehicle. As a general guide, such goods, due to their weight or bulk, require the use of a vehicle to transport them. We will allow reasonable time for collecting goods and checking paperwork, however, as soon as the loading process is complete, the vehicle must be moved. The goods must be ready for collection or delivery when you enter the loading bay.”

I believe my use of the loading bay meets these criteria. “Loading bays are an essential part of the red route network as they allow businesses and the general public to make and receive vital, and often bulky deliveries. Availability of these bays is limited and for specified periods only to restrict disruption to our busy road network. Our priority is to keep London moving - not raising revenue through fines. To help you avoid an unnecessary fine, we have explained how loading bays work.”

I correctly planned my use of the loading bay. I correctly parked in the loading bay (as you will see from the evidential photos) so as not to cause an obstruction to the flow of traffic. I did not stay in the bay longer than permitted. “What you should do is use a loading bay to collect pre-ordered goods or unload goods that require a vehicle to transport them (eg an item of furniture such as a chest of drawers). Plan in advance the collection of pre-ordered goods and check if loading is permitted at that time and location. If you leave the vehicle unattended try to make it obvious that you are loading and unloading. Tell any traffic warden or civil enforcement officer that you are loading. You may use a parking bay instead if one is available but always check the sign as it will tell you when you can park and for how long. If you are displaying a Blue Badge you may stop in the bay to drop off or pick up the Blue Badge holder only. Please display the Blue Badge clearly on the dashboard”

I used the loading bay to unload goods that required a vehicle to transport them. “What you shouldn't do is stop in the bay without loading or unloading - the bay is not for waiting or parking. Use the bay outside of the hours shown on the sign or for longer than permitted. Use the bay to park or go shopping. Use the bay to pick up and drop off passengers. Remain in the bay when you have finished loading or unloading goods Move goods that do not require the use of a vehicle to transport (eg taking a suit to the dry cleaners or collecting a prescription)”

I did not stop in the bay without loading or unloading, I did not use the bay outside operational hours or for longer than permitted, I did not use the bay to go shopping, I did not use the bay to pick up or drop off passengers, I did not remain in the bay after I had finished unloading and I did not move goods that do not require a vehicle to move them. I am sure that establishes that I correctly used the loading bay for its intended purpose of loading. A quote from the DfT Operational Guidance to Local Authorities: Parking Policy and Enforcement “11.4 An authority has a discretionary power to cancel a PCN at any point throughout the CPE process. It can do this even when an undoubted contravention has occurred if the authority deems it to be appropriate in the circumstances of the case. Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest.”

Anyone using sensible discretion and acting reasonably can see that on this occasion I was acting on good faith, using the loading bay correctly to unload. For these reasons I believe the PCN should be cancelled.

Many thanks"

The council rejected the appeal - https://imgur.com/a/CO9s4p5

and now I am wondering whether it is worth lodging a formal appeal. Any guidance is appreciated.

Thanks

Thank you @cp8759.

I will wait for the NTO to come through the post.