Appeal declined - ticket for unloading in loading bay?!

Appeal declined - ticket for unloading in loading bay?!

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7db

6,058 posts

230 months

Sunday 11th May 2014
quotequote all
Next step is to escalate to PATAS for an appeal. They will disclose video evidence at that stage for you and the adjudicator to review.

Do your homework. This has been reviewed previously by PATAS and you can search their database. Adjudicators don't bind other adjudicators, but the High Court does. In particular the High Court have ruled on what constitutes goods to be loaded and unloaded.

Your case needs to emphasise that the use of a car to transport the passenger plus considerable luggage was *necessary* and not just *convenient*. If we are talking tow large wheelie bags and a carrier bag, then I think you have a strong case. If you came from some distance and the passenger were particularly frail, then so much the better.

You will find this particularly useful
http://keycases.parkingandtrafficappeals.gov.uk/do...

motoroller

Original Poster:

657 posts

173 months

Sunday 24th August 2014
quotequote all
Just to update this thread, the appeal was declined. Had to pay the full amount.

PurpleMoonlight

22,362 posts

157 months

Sunday 24th August 2014
quotequote all
This country really sucks sometimes.

£130 for a one minute stop and not even obstructing traffic is outrageous.

You have to wait longer than that at traffic lights .....

Dracoro

8,683 posts

245 months

Sunday 24th August 2014
quotequote all
I am not sure what I am missing but their guidelines reasonably clearly state that it's he loading/unloading of goods which you were not doing (you mentioned you were dropping people/luggage off, not goods). Also, goods that require a vehicle, so big/cumbersome/heavy things such as large TV etc., not a few bags of shopping!

Edited by Dracoro on Sunday 24th August 10:39

55palfers

5,909 posts

164 months

Sunday 24th August 2014
quotequote all
PurpleMoonlight said:
This country really sucks sometimes.

£130 for a one minute stop and not even obstructing traffic is outrageous.

You have to wait longer than that at traffic lights .....
Quite - this stinks. 1 minute for God's sake!

Our local mags have imposed a smaller fine than that for assaulting a police officer!

Hol

8,409 posts

200 months

Sunday 24th August 2014
quotequote all


Modern society is (rightly) becoming less tolerant on the people who think the rules only apply to others.


Lesson learnt!!?



PurpleMoonlight

22,362 posts

157 months

Sunday 24th August 2014
quotequote all
Hol said:
Modern society is (rightly) becoming less tolerant on the people who think the rules only apply to others.
Nah, it's not society that is less tolerant it's the Councils that are because they see it as solely a money making exercise. The same Councils that often make parking as difficult as possible.

I would bet society would think a £130 fine for this infringement is excessive for the transgression committed.

Hol

8,409 posts

200 months

Sunday 24th August 2014
quotequote all
PurpleMoonlight said:
Hol said:
Modern society is (rightly) becoming less tolerant on the people who think the rules only apply to others.
Nah, it's not society that is less tolerant it's the Councils that are because they see it as solely a money making exercise. The same Councils that often make parking as difficult as possible.

I would bet society would think a £130 fine for this infringement is excessive for the transgression committed.
Nope, I think you will probably find that a lot of people would want a higher fine, as they wouldn't park there as it says not to.

The same rules for everyone and all that,,,,,?


rs1952

5,247 posts

259 months

Sunday 24th August 2014
quotequote all
Hol said:
PurpleMoonlight said:
Hol said:
Modern society is (rightly) becoming less tolerant on the people who think the rules only apply to others.
Nah, it's not society that is less tolerant it's the Councils that are because they see it as solely a money making exercise. The same Councils that often make parking as difficult as possible.

I would bet society would think a £130 fine for this infringement is excessive for the transgression committed.
Nope, I think you will probably find that a lot of people would want a higher fine, as they wouldn't park there as it says not to.

The same rules for everyone and all that,,,,,?
I tend to be with Purple Moonlight here. Its not really a case of "one rule for one" but more "what is the rule there for?"

If, as the OP suggests, he is parked for less than a minute and is not obstructing traffic, and not getting in anybody else's way in any way, then is a fine of £130 justifiable when subject to close scrutiny?

It appears more to me that this parking restriction is based more on "this is the rule because we say so" rather than it actually solving any problem, real or perceived.

And those sorts of rules - "forget about rationale of justification - do this or don't do this because we say so" are the sort of rules I have a particular issue with.

motoroller

Original Poster:

657 posts

173 months

Sunday 24th August 2014
quotequote all
rs1952 said:
I tend to be with Purple Moonlight here. Its not really a case of "one rule for one" but more "what is the rule there for?"

If, as the OP suggests, he is parked for less than a minute and is not obstructing traffic, and not getting in anybody else's way in any way, then is a fine of £130 justifiable when subject to close scrutiny?

It appears more to me that this parking restriction is based more on "this is the rule because we say so" rather than it actually solving any problem, real or perceived.

And those sorts of rules - "forget about rationale of justification - do this or don't do this because we say so" are the sort of rules I have a particular issue with.
Well said. This isn't enforcing a rule which is there to protect the roads and make them more efficient, it's typical of the money-grabbing we've seen in recent years from councils.

I have the CCTV footage, and the van was stopped for under 90 seconds. Viewing the footage of other drivers, in 10 minutes of video there were 6 similar infringements. This whole operation is a cash cow.

I doubt there is any efficient way of dropping off or collecting passengers or goods around the station now.

V8 Fettler

7,019 posts

132 months

Monday 25th August 2014
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The use of cameras should stop later this year if the pie eater has his way

http://www.telegraph.co.uk/news/politics/10915510/...


motoroller

Original Poster:

657 posts

173 months

Monday 25th August 2014
quotequote all
V8 Fettler said:
The use of cameras should stop later this year if the pie eater has his way

http://www.telegraph.co.uk/news/politics/10915510/...
I don't suppose any of this would be retrospective? It's a step in the right direction if and when it happens.

g3org3y

20,627 posts

191 months

Monday 25th August 2014
quotequote all
Hol said:
PurpleMoonlight said:
Hol said:
Modern society is (rightly) becoming less tolerant on the people who think the rules only apply to others.
Nah, it's not society that is less tolerant it's the Councils that are because they see it as solely a money making exercise. The same Councils that often make parking as difficult as possible.

I would bet society would think a £130 fine for this infringement is excessive for the transgression committed.
Nope, I think you will probably find that a lot of people would want a higher fine, as they wouldn't park there as it says not to.

The same rules for everyone and all that,,,,,?
rofl

£130 for a 1 minute stop in a 'loading bay'?

And you think society would want a higher fine?

I await a raft of posters to complain the penalty was not harsh enough.

Eclassy

1,201 posts

122 months

Monday 25th August 2014
quotequote all
I am not saying OP is lying but I strongly suspect OP only unloaded passengers. Surely if there was unloading of boxes from the rear of the van, then the council would be extremely stupid not to cancel the ticket.

Hol

8,409 posts

200 months

Monday 25th August 2014
quotequote all
g3org3y said:
rofl

£130 for a 1 minute stop in a 'loading bay'?

And you think society would want a higher fine?

I await a raft of posters to complain the penalty was not harsh enough.
But, IF we ALL did it, instead of parking where we were supposed to, or the potential fine was only a couple of quid - then there would be a line of cars queuing to drop off passengers.

Is that your suggested model?
Everybody being equal .....



g3org3y

20,627 posts

191 months

Monday 25th August 2014
quotequote all
Hol said:
g3org3y said:
rofl

£130 for a 1 minute stop in a 'loading bay'?

And you think society would want a higher fine?

I await a raft of posters to complain the penalty was not harsh enough.
But, IF we ALL did it, instead of parking where we were supposed to, or the potential fine was only a couple of quid - then there would be a line of cars queuing to drop off passengers.

Is that your suggested model?
Everybody being equal .....
My suggested model is for camera operators to use a modicum of common sense.

Do you genuinely think £130 is reasonable for such a misdemeanour? You were suggesting it should be higher?

Timsta

2,779 posts

246 months

Monday 25th August 2014
quotequote all
Eclassy said:
I am not saying OP is lying but I strongly suspect OP only unloaded passengers. Surely if there was unloading of boxes from the rear of the van, then the council would be extremely stupid not to cancel the ticket.
I think you'll find that you are accusing the OP of lying.

robinessex

11,057 posts

181 months

Monday 25th August 2014
quotequote all
It would be very enfortunate if the camera in this location suffered any vandalism in the near future, wouldn't it ?

Hol

8,409 posts

200 months

Monday 25th August 2014
quotequote all
g3org3y said:
My suggested model is for camera operators to use a modicum of common sense.

Do you genuinely think £130 is reasonable for such a misdemeanour? You were suggesting it should be higher?
If you can do it cheaper, then fair-dos.
But, you realize that the fine is used to offset the cost of the enforcement team having to exist?

I am not overly supportive of my excess tax money being used to-offset somebody who thinks that the world owes them more than the next 99people.
I would rather it went to the people who genuinely needed the extra care or benefit in order to survive - thank you.

If you disagree, then perhaps you can pay the difference on the one-percenters behalf??

rs1952

5,247 posts

259 months

Monday 25th August 2014
quotequote all
Hol said:
g3org3y said:
My suggested model is for camera operators to use a modicum of common sense.

Do you genuinely think £130 is reasonable for such a misdemeanour? You were suggesting it should be higher?
If you can do it cheaper, then fair-dos.
But, you realize that the fine is used to offset the cost of the enforcement team having to exist?

I am not overly supportive of my excess tax money being used to-offset somebody who thinks that the world owes them more than the next 99people.
I would rather it went to the people who genuinely needed the extra care or benefit in order to survive - thank you.

If you disagree, then perhaps you can pay the difference on the one-percenters behalf??
What an interesting argument.

It seems to be suggesting that the staff establishment for the enforcement team has been set, and then the revenue raised needs to cover it. This idea might accord to some economic theory or other, but I'm buggered if I know of one that covers it.

In the real world, staff establishment is decided in essence by sales ie. the usefulness of the staff to the business. The more you sell, the more staff you can afford to employ. The less you sell, the less money there is for staff, so your staff establishment reduces.

In this Cloud Cuckoo economic world that you seem to be describing, the justification for issuing this £130 fine is the fact that the staff need paying. In my world and the world inhabited by all the rest of us, you can't just arbitrarily increase "sales" to cover the staff costs.

So I disagree with your logic. But I won't be paying the difference in the wage bill, I'd be sacking the fecking staff.