PCN for loading- private company

[Ja1234]

Hello,
I received a PCN from a private company because I was loading a large heavy item into my home. A ticket person took pictures of my car within the 30 seconds I was inside and I was notified by post a week later. They claimed that I was not parked in the marked bay. I claimed I was not parking but loading a large heavy item and it could not have reasonably happened elsewhere. The pictures they took also showed my car with hazard lights on. If I was to load outside of the zone I would have to walk ten minutes which would be impossible with a very large and heavy item.

My appeal was rejected because they have said that loading is still parking because my vehicle was stationary and breached their terms and conditions. There are no signs that say no loading or any loading bays nearby, but they’ve claimed that loading breaches their terms because it’s still parking. They’ve also said that it works differently because the land is considered as private.

I plan to make a second appeal to the IAS. What should I say to them and is what they are saying legally true?

[ostell]

Forget about the IAS, they will reject as well.

There is a case, and I can't remember the details, where the court agreed that stopping to load/unload at the entrance was not parking and OK.

Put your problem in the Pepipoo private parking forum and you might get an answer.

Found it: Jopson v Homeguard. Matches you exactly. CM14P02455/CH13P02050 (wsimg.com)

[efpom]

https://www.parkingcowboys.co.uk/wp-...J-Approved.pdf

[Ja1234]

Thank you so much for your prompt reply. I am going to cite Jopson v Homeguard case for my appeal. I registered an account with Pepipoo however it will not allow me to make a post. I will let you know how I get on with my second appeal.

[Ja1234]

Just to let you know that I made an appeal to IAS, cited Jopson v Holmes and said that I will be referring to this case if it goes to court. My second appeal was accepted by the PCN company:

Thank you for your appeal. Due to further information _______ has confirmed they will no longer be pursuing the matter and the parking charge has been cancelled.

It would not have happened without your knowledge on Jopson v Holmes. I really appreciate your help.