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#Post#: 2970--------------------------------------------------
1 minute over in Loading Bay
DIR By: plane340
Date: August 9, 2023, 11:02 am
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Hello.
Parked my van in a loading bar 10am-4pm for around 12 minutes at
3.50pm to make a delivery.
By 4.01pm was issued a PCN for being in loading bay.
I thought 1 minute was a bit over zealous. Any chance of getting
this cancelled.
Just was waiting for delivery note to be signed.
Surly for this to issued at 4.01pm the CEO would have started
writing the PCN before 4pm
Thank you.
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#Post#: 2973--------------------------------------------------
Re: 1 minute over in Loading Bay
DIR By: fraser.mitchell
Date: August 9, 2023, 12:37 pm
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The first question is, does the 10 minute grace period apply to
your vehicle which over-ran the end of the parking period.
The problem is that the 10 minute rule applies to vehicles that
have overrun their time in a designated parking place. However
at 4pm, does the bay cease to be a "designated parking place".
Some adjudicators will say the 10 minutes applies but some not.
I have to say, that if the bay times are when it is a designated
parking place, then ergo, it follows that it isn't outside those
times. Others will disagree with me.
Anyway, have a read of this: -
HTML https://www.legislation.gov.uk/uksi/2015/561/regulation/2/made
The other aspect is the sheer money-grubbing trivialty of the
PCN. If it were me, I'd be taking them all the way on this one.
#Post#: 2977--------------------------------------------------
Re: 1 minute over in Loading Bay
DIR By: Pastmybest
Date: August 9, 2023, 2:34 pm
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Given the ruling on the use of CCTV it is arguable that this is
not a red route at all but a designated bay so the GP should
apply and it is also the wrong contravention but not simple by
any means i would like to see CP's view on this
#Post#: 2978--------------------------------------------------
Re: 1 minute over in Loading Bay
DIR By: DancingDad
Date: August 9, 2023, 2:40 pm
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There are two possibilities for the PCN.
On is that the CEO was quick off the mark and didn't allow any
grace period....
Second and IMO more likely is that the CEO saw no evidence of
loading so issued a PCN.
As you were making a delivery, you should be able to provide
proof of that.
I would deal with it in that respect to start with, dear sirs, I
was loading, here's some proof.
Then see what comes back.
#Post#: 3081--------------------------------------------------
Re: 1 minute over in Loading Bay
DIR By: plane340
Date: August 11, 2023, 6:36 am
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--- Quote from: DancingDad link ---
>
> There are two possibilities for the PCN.
> On is that the CEO was quick off the mark and didn't allow any
grace period....
> Second and IMO more likely is that the CEO saw no evidence of
loading so issued a PCN.
>
> As you were making a delivery, you should be able to provide
proof of that.
> I would deal with it in that respect to start with, dear sirs,
I was loading, here's some proof.
> Then see what comes back.
>
--- End Quote ---
Yes, that's what I was thinking.
I will try that first as I have a delivery note.
Thank you.
#Post#: 3234--------------------------------------------------
Re: 1 minute over in Loading Bay
DIR By: ivanleo
Date: August 14, 2023, 12:24 pm
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One argument that can be pursued here is whether the CEO was
wearing the appropriate type of uniform, which depends on
whether it was a PCSO employed by the MET police, or a "proper"
civil enforcement officer.
However in the first instance I'd go with
[member=341]DancingDad[/member]'s suggestion.
I have requested all the designation orders & TMOs for red
routes in Westminster, I've spotted more than one red route TMO
with drafting issues so you never know what might turn up.
#Post#: 3735--------------------------------------------------
Re: 1 minute over in Loading Bay
DIR By: ivanleo
Date: August 22, 2023, 7:52 pm
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[member=407]plane340[/member] the traffic order is The GLA Roads
and GLA Side Roads (Westminster) Red Route Consolidation Traffic
Order 2008
HTML https://drive.google.com/uc?id=1LOnrlNq-ehg8kH2cmAGnTq2Dj6Dqe3VO<br
/>and the relevant entry appears to be item 4 on page 67, but
are
you still with us?
#Post#: 10852--------------------------------------------------
Re: 1 minute over in Loading Bay
DIR By: plane340
Date: November 21, 2023, 4:33 pm
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--- Quote from: cp8759 link ---
>
> [member=407]plane340[/member] the traffic order is The GLA
Roads and GLA Side Roads (Westminster) Red Route Consolidation
Traffic Order 2008
HTML https://drive.google.com/uc?id=1LOnrlNq-ehg8kH2cmAGnTq2Dj6Dqe3VO<br
/>and the relevant entry appears to be item 4 on page 67, but
are
you still with us?
>
--- End Quote ---
So I appealed for a second time on 29/8/23 with delivery note
and a short explanation.
Checked today as not heard anything. Still on hold.
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#Post#: 10983--------------------------------------------------
Re: 1 minute over in Loading Bay
DIR By: ivanleo
Date: November 22, 2023, 5:22 pm
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DVLA action means they're likely to send a notice to owner
without responding to the informal representations. Make sure to
check the status on the TFL website at least once every 10 days
or so.
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