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Topic: Re:Parking again
Posted by: Richard Jennings
Date/Time: 12/08/14 17:41:00

There was a case* heard at PATAS in 2003 where the adjudicator allowed the appeal from a driver who had stopped on a double yellow line to unload a wheelchair and take her disabled husband into a bank.  She came out to move her car and found a PCN had been issued.  The adjudicator said that her actions came within the boarding/alighting exemption.  In other words, you can stop to pick up or drop off passengers, including in this case taking the passenger into the building.

Your case is effectively an extreme version of that scenario, though without further research I'm not sure if the alighting exemption applies in RBKC to suspended bays.  The problem is that it must have taken 20 minutes to guide your passengers to the Milestone Hotel and return to the car.  So claiming that you were not "waiting" but merely dropping off passengers would be difficult to justify as a reason why "no contravention occurred".

However, I think you have a plausible case for asking RBKC to use their discretion to cancel the PCN on the grounds that:
- it was impossible to reach their destination by car because of road closures and gridlock,
- for their safety it was necessary to guide your passengers to the hotel in person,
- in this emergency situation the only available parking space was in a suspended bay,
- you were effectively dropping off passengers rather than waiting, though you recognise that in these exceptional circumstances it took longer than normal.

It would help your case if you could show that you did not disrupt the activity for which the bay had been suspended (for example, if the contractors didn't need all the space they had booked, or if the activity had finished).

Appeals of this sort are more likely to get a sympathetic hearing from a council at the Notice to Owner stage.  The initial challenge doesn't normally involve people who make this sort of judgement.  But if RBKC reject such an appeal, you are unlikely to get success at PATAS as they can't force a council to use its discretion to cancel a PCN.

Good luck!


Entire Thread
TopicDate PostedPosted By
Parking again12/08/14 11:32:00 Jeff Chalker
   Re:Parking again12/08/14 15:08:00 Andrew Jones
   Re:Parking again12/08/14 17:41:00 Richard Jennings
      Re:Re:Parking again15/08/14 16:30:00 Jeff Chalker

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