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PostPosted: Sat Oct 18, 2014 7:36 pm 
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Joined: Sat Aug 04, 2012 11:17 pm
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From my Parking in Shepway post, here's the transcript of the NAPAS judgement.


Roy Gould v Shepway District Council Case SH05045K

Appeal allowed on the ground that the alleged parking contravention did not occur.

I direct the council to cancel the penalty charge notice and notice to owner.

Reasons:

The PCN was issued on 13 May 2007 at 13:17 to vehicle WX52AVB in Harbour Approach Road Folkestone for being parked in a restricted street during prescribed hours.

This is a personal hearing attended by Mr & Mrs Gould.

Mr gould has appealed because he says that the yellow lines are not enforceable. He has raised other issues concerning the documentation. He says that at the time he parked in order to collect a return fare, He says the gentleman was elderly and suffering from mobility problems. He therefore parked and walked across the road to the market where the fare was waiting in order to help him to the vehicle, to assist boarding and to load his shopping.

I have read the Parking attendant’s notes ans studied the evidence. On the basis of the evidence presented by both parties I find as a fact that:
1 The vehicle was parked on double yellow lines
2 the vehicle was parked for the purpose of assisting a passenger to board
3 The vehicle was parked for the purpose of loading the passenger’s shopping
4 the passenger was elederly and under a disability.

An exemption exists in relation to allowing passengers to board and alight from a vehicle. Whilst that exemption would normally entail the pavement adjacent to the parked vehicle, where the passenger is elderly, under a disability or a minor the exemption extends to taking and / or collecting the person from the address / location and assisting them to (or from) the vehicle. It is evident that the part of this process will not take place within sight of the vehicle thus activity will not be witnessed.

Whilst the appeal process has centred on other matters I have elicited the above explanation by way of questioning- I am satisfied that the responses provided are genuine and credible. It is evident in the circumstances had been originally considered irrelevant and thus not explained or explored. A contrary position is in fact true.

Due to the specific reason and purpose for parking a contravention did not occur.

I am in the circumstances obliged to allow this appeal.

James Richardson
Parking adjudicator appointed under s73 RTA 1991.


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