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Code 46 - PCN for stopping in loading bay red route!

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  • Code 46 - PCN for stopping in loading bay red route!

    The driver was collecting a pre-arranged collection of foods at a local fast-food restaurant, next to the loading bay.
    (That probably sounds quite reasonable until the phrase "McDonalds collection" is used.)

    The driver stopped the car in the marked loading bay, with a visible sign stating:
    "No stopping - Except 7pm-7am: Loading 20 mins max"
    The driver did not contravene the maximum time limit or allowable hours as they stopped for about 15 minutes in the bay at around 4am.

    Fast forward less than a week, and the keeper received the attached PCN from TfL demanding £80 for stopping where prohibited.

    Since the letter came promptly, I don't believe there is any violation of the Protection of Freedoms act allowing the keeper to refuse to identify the driver.

    As little sympathy as the driver might get for loading fast food, what grounds might there be for an appeal?

    Thank you!

  • #2
    See below, the front page of the PCN. The times in top right of the pictures are 03:39 BST

    Comment


    • #3
      Point out to them what their sign says.

      Comment


      • #4
        Originally posted by pcnlmao View Post
        See below, the front page of the PCN. The times in top right of the pictures are 03:39 BST
        The concern then is that collecting a McDonalds order, even if it was pre-arranged, does not constitute loading and the PCN might be upheld.

        Is there any existing precident that points to the use of Loading Bays being permissible even when it is questionable whether loading took place? One could argue that the size of the collection would be unknown until it is seen in store, for instance.

        Or is this simply an appeal-and-hope scenario?

        Comment


        • #5
          Bump?

          Comment


          • #6
            My understanding is that loading bays can be used to collect pre-ordered goods that require a vehicle to transport them.

            Somewhere I think I saw the regulations that stated that, but presently can't find the order

            Comment


            • #7
              Originally posted by des8 View Post
              My understanding is that loading bays can be used to collect pre-ordered goods that require a vehicle to transport them.

              Somewhere I think I saw the regulations that stated that, but presently can't find the order
              https://tfl.gov.uk/modes/driving/red...for-the-public

              Comment

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