46: Stopped where prohibited (on a red route or clearway)

[LooLa]

Hi there

I really hope someone can help me. I had a courtesy car during the summer while my car was being repaired. Whilst using that car on 17 July 2015, I received a PCN stating the contravention as “46: Stopped where prohibited (on a red route or clearway). However I was in a loading bay that was permitted for up to 20 minutes (I was there less than 20 minutes). Unfortunately I wasn’t physically loading the car at the time the PCN was issued otherwise I’m guessing I wouldn’t have received it. I did make written representations on the day I received the PCN and heard nothing until I received this notice dated 27 October 2015.

Other than writing something a little more professional than “I was stopped where permitted and was loading; you just didn’t see me!” which is just my word against theirs, is there anything more concrete I can state?

Thanks so much!

[judgemental24]

Re: 46: Stopped where prohibited (on a red route or clearway)

If you were in a loading bay they would have witnessed you delivering or receiving merchandise by CCTV into the vehicle

You cannot fight this as you are automatically guilty being a red route and failure to load or unload commercial goods

[LooLa]

Re: 46: Stopped where prohibited (on a red route or clearway)

Thanks so much for your quick reply. The thing is I was actually unloading and then loading commercial goods i.e. goods used in relation to my business but they weren't boxed, I didn't use a trolley and my vehicle wasn't branded. Does that automatically make me guilty?

[judgemental24]

Re: 46: Stopped where prohibited (on a red route or clearway)

Yep, you have no chance unless you can prove you were a trader

99.9999% of the time these loading bays will be controlled by CCTV

A licence to print money

[michael]

Re: 46: Stopped where prohibited (on a red route or clearway)

Yep, you have no chance unless you can prove you were a trader

99.9999% of the time these loading bays will be controlled by CCTV

You don't have to be a trader to legitimately carrying out loading/unloading, nor must you have a commercial vehicle unless the loading bay is for goods vehicles only

OP have you viewed the CCTV footage?

Did you include documentary evidence of deliver/ collection notes/invoices with your appeal.

Regardless of what they say loading does not have to be continuous nor must the vehicle be attended at all times. Loading/unloading includes time taken in delivering, receiving and checking goods and signing paperwork etc.

[LooLa]

Re: 46: Stopped where prohibited (on a red route or clearway)

Thank you Michael. I haven't viewed the CCTV footage and suspect they may no longer have it if it's from July. That said I didn't include any documentary evidence previously but could do this time. I think that's probably the way to go. If that fails then I will request to view the CCTV footage. Final decision - I'm definitely going to appeal this as I'm convinced I did nothing wrong.

Thank you all for your help on this one.