Barking PCN Code 23L

[mohmmad786]

Hello again :tinysmile_cry_t: Its seems like barking council is hell bent on stopping me from going to the town centre. I actually stopped going to the town centre cause i got 2 tickets on one day and than one day i was talking to someone who said that we should help local businesses but it seems like council just wanna give you ticket for even taking a wrong step.

So here it goes, I had to go to argos to pick a table up so thought ill try the one in town centre. We went there and found that there was a bike parked in a disabled bay(unfortunately didnt take the picture). As i was gonna load the box in the car and thinking that i got a disabled car and disabled badge i can parking in loading bay as i would be picking up a table, went to argos to find out that the item wasnt in stock so came back to the car and didnt think anything of it. Yesterday i got a pcn from barking and dagenham council for parking in a loading bay. I was wondering if i can challenge it as i really cant afford to pay the pcn and i think i would say my final goodbye to barking town centre and sorry about the drawing on the pcn as i was never a very artistic person

[bluebottle]

Re: Barking PCN Code 23L

LB of Barking and Dagenham have come in for criticism over the way they deal with PCN matters. Register with Pepipoo, who specialise in this sort of thing, and be guided by them.

[Inca]

Re: Barking PCN Code 23L

Unfortunately the Blue Badge scheme does NOT include parking in loading bays.

[labman]

Re: Barking PCN Code 23L

Unfortunately the Blue Badge scheme does NOT include parking in loading bays.

Even if it did, the PCN was issued at 16:12 hours and the clock on the Disabled Badge clearly says time of arrival 6(pm I assume). This would invalidate it immediately anyway, even if it had been valid.

Mohmmad - you've left your badge number on your Disabled Badge which could identify you. Also the PCN Number which could identify you.

Have a read of this:

http://www.legalbeagles.info/forums/...rking-Offences

Personally I can't see any good reason for appealing it as the permitted reasons for parking in a loading bay are as here (LINK)

Pepipoo or here (LINK) are your best bet if you want to fight it.

[mohmmad786]

Re: Barking PCN Code 23L

Not sure if this would help but i was just reading it.

Loading and unloading

When using a loading bay, loading or unloading must be visibile or you must be able to prove to us that you are loading or unloading.You can use loading bays for loading and unloading when there's no alternative such as a service road or back gate. Use of the vehicle must be necessary, and it must be moved immediately after loading has finished.
Different types of loading bay

• Some allow loading only between specified hours
• Some allow loading and parking if you have a valid Blue Badge on display

Shopping or getting cash?
Remember that parking to shop or going to the cash machine is not loading.

http://www.tfl.gov.uk/roadusers/redroutes/949.aspx

[mohmmad786]

Re: Barking PCN Code 23L

Even if it did, the PCN was issued at 16:12 hours and the clock on the Disabled Badge clearly says time of arrival 6(pm I assume). This would invalidate it immediately anyway, even if it had been valid.

Mohmmad - you've left your badge number on your Disabled Badge which could identify you. Also the PCN Number which could identify you.

Have a read of this:

http://www.legalbeagles.info/forums/...rking-Offences

Personally I can't see any good reason for appealing it as the permitted reasons for parking in a loading bay are as here (LINK)

Pepipoo or here (LINK) are your best bet if you want to fight it.

LOL bro you went into the other PCN which i received around 10 days back:tung: And i have posted it on pepipoo as well but i always like to get everyone's advice as sometimes even someone like me can come up with something which can be missed by someone who knows everything about the law

[michael]

Re: Barking PCN Code 23L

Is this where you parked?
http://goo.gl/maps/yC7hu

In Google Streetview there are no signs for those bays other than on the road which say loading only. Is that still the case?

If so, then there is no restriction on the class of vehicle that can use the bay for loading, whereas the alleged contravention is:
23 Parked in a parking place or area not designated for that class of vehicle.

The correct contravention should have bee:
25 Parked in a loading place during restricted hours without loading.

[mohmmad786]

Re: Barking PCN Code 23L

I will go there tomorrow and get more pictures to get a better idea and yes that is the correct place.

[mohmmad786]

Re: Barking PCN Code 23L

I have checked on Google Street View and this is the sign(Loading Only 30 minutes no return within 2 hours) they got over there.

[michael]

Re: Barking PCN Code 23L

Appeal on the basis that the contravention did not occur. The sign does not restrict the class of vehicle that can use the bay.
Keep it simple. Don't mention anything about Blue Badge or Argos or not loading

[labman]

Re: Barking PCN Code 23L

Playing devil's advocate, does it need to if there is no restriction on the class of vehicle which can use it? If there was no evidence of loading or unloading taking place then wouldn't the ticket stand? :beagle:

My computer won't load the images for some reason so I can't see them.

[michael]

Re: Barking PCN Code 23L

Playing devil's advocate, does it need to if there is no restriction on the class of vehicle which can use it?

If you mean the sign, yes a) because Loading Only on the road must used in conjunction with a loading bay sign and b)
it must give the additional restrictions ie 30 minutes no return within 2 hours
If there was no evidence of loading or unloading taking place then wouldn't the ticket stand? :beagle:

The council may well say that, but it is irrelevant because that is not the contravention that the council alleges. The council alleges that the bay is restricted to certain a class of vehicle, but the sign doesn't specify anything of the sort.

[labman]

Re: Barking PCN Code 23L

Thank you.

[mohmmad786]

Re: Barking PCN Code 23L

I went there this evening and took these pictures and was wondering if this would change anything as one of the signs doesnt show on google map.








Thanks.

[labman]

Re: Barking PCN Code 23L

The council may well say that, but it is irrelevant because that is not the contravention that the council alleges. The council alleges that the bay is restricted to certain a class of vehicle, but the sign doesn't specify anything of the sort.

It states 'Goods Vehicles' if the bottom photobucket link is the correct sign.

Category N: Motor vehicles with at least four wheels designed and constructed for the carriage of goods.

• Category N1: Vehicles designed and constructed for the carriage of goods and having a maximum mass not exceeding 3,5 tonnes.
• Category N2: Vehicles designed and constructed for the carriage of goods and having a maximum mass exceeding 3,5 tonnes but not exceeding 12 tonnes.
• Category N3: Vehicles designed and constructed for the carriage of goods and having a maximum mass exceeding 12 tonnes.

(Source: http://www.dft.gov.uk/vca/vehicletyp...categories.asp)

Does this not exclude cars?