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#Post#: 35801--------------------------------------------------
PCN Waltham Forest Council - Loading Bay (monitored car for only
8 minutes)
DIR By: bootybounty
Date: September 5, 2024, 12:01 pm
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Hi there,
I hope you can help me. I feel I have unfairly received a PCN,
and I have already challenged this with the Council, but today
received their response that the PCN is valid, and I am liable,
unless I escalate it now to the independent adjudicator with a
formal representation. I'd like to know if this is worth doing.
I parked in a loading bay, during its operating hours. The
signage clearly states loading is allowed during these times
"for 20 minutes". There is an Argos opposite, I went to collect
my heavy parcel, and upon returning to the car had a PCN, code
25 Parked in a loading place or bay during restricted hours
without loading. Their photographic evidence shows they first
photographed the car at 18.04, and then again when they issued
the ticket at 18.12, saying that in those 8 minutes of
monitoring the car there were no signs of loading. Is this
allowed, and fair, given the signage clearly states 20 minutes?
It was unfortunately still during the loading bay hours (as they
are in force until 19.00) but when I was actually just opposite
the bay picking up a large parcel from Argos, to return to the
car a mere 10 minutes later, I'm not sure why I've been issued
with this ticket when a) I was loading actively, and b) was a
mere 10 minutes when signage states 20 is actually allowed...
Thanks for any help!
#Post#: 35805--------------------------------------------------
Re: PCN Waltham Forest Council - Loading Bay (monitored car for
only 8 minutes)
DIR By: bootybounty
Date: September 5, 2024, 12:09 pm
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Google Maps:
HTML https://www.google.com/maps/@51.5685474,0.0111377,3a,75y,107.15h,78.45t/data=!3m7!1e1!3m5!1sWr4up8x08fQgBjSoKK7brg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D11.54690437692409%26panoid%3DWr4up8x08fQgBjSoKK7brg%26yaw%3D107.15362412041002!7i16384!8i8192?coh=205410&entry=ttu&g_ep=EgoyMDI0MDkwMi4xIKXMDSoASAFQAw%3D%3D<br
/>
PCN:
HTML https://drive.google.com/file/d/17qQZUmlLgDmOZvwlIfo--U2SOyUoyDqZ/view?usp=share_link<br
/>
Rejection from council / photos etc:
HTML https://drive.google.com/file/d/1vbZV1x2bG77YSKpSTaEGwBiqXLENPxTX/view?usp=share_link
#Post#: 35835--------------------------------------------------
Re: PCN Waltham Forest Council - Loading Bay (monitored car for
only 8 minutes)
DIR By: fraser.mitchell
Date: September 5, 2024, 4:15 pm
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Going shopping and then loading it into the car is not
"loading".
However, their letter of rejection of your informal challenge
contains a serious mis-statement of the law. Loading does NOT
have to be continuous at the roadside, or else goods could never
be collected or delivered. The activity "loading, (also
unloading) covers all the activities related to the goods where
the vehicle may have to be left unmanned while the driver
collects/delivers good, and obtains signatures on documents etc.
However, adjudicators have been quite clear in numerous
adjudications over the years, that parking to go to a shop, buy
something, then return to the car to load the goods into the
car, is not considered loading.
#Post#: 35847--------------------------------------------------
Re: PCN Waltham Forest Council - Loading Bay (monitored car for
only 8 minutes)
DIR By: JoCo
Date: September 5, 2024, 5:26 pm
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OP needs to clarify.
Was the heavy item pre-ordered from Argos and the trip was
picking up only?
If so the loading exemption applies. Will be able to challenge/
appeal with proof of purchase and description of timeline.
If however the purchase was initiated during the trip, then this
is shopping, and not loading.
#Post#: 35867--------------------------------------------------
Re: PCN Waltham Forest Council - Loading Bay (monitored car for
only 8 minutes)
DIR By: bootybounty
Date: September 6, 2024, 5:35 am
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Thanks for the responses - yes, it was a pre-ordered heavy item.
I mentioned in my appeal email to the council that I had proof
of this, pre-ordered from Argos online and then visited the
store that day simply to pick up and load the car with the
pre-ordered purchase. But they still rejected my claim.
#Post#: 35870--------------------------------------------------
Re: PCN Waltham Forest Council - Loading Bay (monitored car for
only 8 minutes)
DIR By: fraser.mitchell
Date: September 6, 2024, 5:58 am
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OK, a heavy item, but how heavy and how big ? It could be worth
taking them to London Tribunals assuming the item is as you say.
#Post#: 35876--------------------------------------------------
Re: PCN Waltham Forest Council - Loading Bay (monitored car for
only 8 minutes)
DIR By: stamfordman
Date: September 6, 2024, 6:14 am
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A preordered item from Argos justifies loading as picking it up
takes only as long as necessary.
But the key is the item and whether you could have used say a
pay bay further away or even whether it could only be
transported by a vehicle.
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