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#Post#: 122235--------------------------------------------------
Re: Newham - 25 - parked in loading bay
DIR By: tincombe
Date: June 18, 2026, 10:50 am
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NTO issued 11 June, therefore deemed served Mon. 15th which is
day 1.
28-day period ends 12 July. You have plenty of time to assemble
the details you need and to look at who's who here.
You refer to company receipt.
What is your capacity e.g. acting on own account, employee,
contractor etc?
Is the NTO actually addressed to you?
#Post#: 122284--------------------------------------------------
Re: Newham - 25 - parked in loading bay
DIR By: shah123
Date: June 18, 2026, 5:34 pm
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[member=7970]tincombe[/member]
the NTO is addressed to me, i am the RK
I pick up jobs, ad-hoc basos, self-employed via different apps
to deliver/pick up goods, courier in my own vehicle
I refer to the company invoice confirming the delivery of
charcoal / coal bags which need to be unloaded, and delivered
then returned.
Newham Council tried to argue that I had ample time and it was
not a necessity.
#Post#: 122303--------------------------------------------------
Re: Newham - 25 - parked in loading bay
DIR By: tincombe
Date: June 19, 2026, 2:19 am
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We should see this evidence pl. When you make reps you'll refer
to this and anything else in support.
IMO, these extracts from a Key Case are of importance:
However, in the case of couriers or professional deliverers of
goods on a delivery round, this commercial context would lead
the Panel to conclude that this is certainly the sort of
activity for which the exemption is designed - even if an
individual item being delivered at any one point is small and
easily carried in the hand.
So, can you prove 'commercial context'?
..and we can refer the council to this principle adopted by
adjudicators:
the mere fact that a CEO does not see loading in progress does
not
automatically mean that loading is not taking place. However,
the longer the
observation period with no sign of movement of goods the greater
the
evidential burden on the motorist to give some explanation for
this and
demonstrate that something amounting to loading was in progress
out of view.
Let's see what proof you have pl, not simply claims.
#Post#: 122315--------------------------------------------------
Re: Newham - 25 - parked in loading bay
DIR By: shah123
Date: June 19, 2026, 4:01 am
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[member=7970]tincombe[/member]
I reached out to Big K transport manager, he explained to me all
their appeals relating to parking charges when loading are dealt
with by attaching the invoice / loading sheet hence they shared
the invoice with me to send to the LA
HTML https://drive.google.com/file/d/1O3qzX42BNNTTLhw7o8np9gcJjDVPMdZe/view?usp=drivesdk<br
/>
#Post#: 122726--------------------------------------------------
Re: Newham - 25 - parked in loading bay
DIR By: shah123
Date: June 23, 2026, 5:51 am
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[member=7970]tincombe[/member]
i have already provided evidence to LA
as you can see in response, LA state in other words they believe
I did not need loading bay
#Post#: 122758--------------------------------------------------
Re: Newham - 25 - parked in loading bay
DIR By: tincombe
Date: June 23, 2026, 10:03 am
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as you can see in response, LA state in other words they believe
I did not need loading bay
No they didn't. They didn't question your use in principle, they
rejected your claim to have used it lawfully because they
applied a version of the law called Newham's Rules, a very
localised and incorrect interpretation of the law.
On the basis of your account, I would suggest something along
these lines:
On *** I parked in the designated loading parking place in
Anthems Way in order to deliver by way of my commercial
occupation of haulier/carrier a load of *** to **** which is
situated near the parking place. The process of delivery
required me to *********. This, combined with obtaining
confirmation of delivery, took no longer than necessary.
Before the authority repeat their mistaken understanding of what
is considered to be 'loading' under the council's Order, I would
refer you to the Environment and Traffic Adjudicators(ETA)
position, which itself is derived from Case Law, as follows:
'However, in the case of couriers or professional deliverers of
goods on a delivery round, this commercial context would lead
the Panel to conclude that this is certainly the sort of
activity for which the exemption is designed - even if an
individual item being delivered at any one point is small and
easily carried in the hand.'
the mere fact that a CEO does not see loading in progress does
not
automatically mean that loading is not taking place. However,
the longer the
observation period with no sign of movement of goods the greater
the
evidential burden on the motorist to give some explanation for
this and
demonstrate that something amounting to loading was in progress
out of view.
I did not set out this detail in my earlier representations
because I thought that ETA's position was understood by
authorities. If you are in doubt then please seek legal advice.
As I was engaged in an exempted activity the contravention did
not occur and the PCN must be cancelled.
But OP, more proof and detail is needed from you, including a
Copy Invoice that at least includes the correct delivery date!
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