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Case 17 of 19 · Level 2

A council parking ticket · a loading ban

A wheelchair outside the bank

The thick file · about 10 minutes

The complaint

She stopped the car on a road where loading was prohibited so that her husband, who uses a wheelchair, could go into the bank. She took the wheelchair out of the car, helped him into it, and came back within a short time to move the car. A penalty charge notice had been issued at two minutes past ten, for £80, for parking or loading where it was prohibited. She wrote to the council as a lay person and said she had been unloading, which she believed was allowed. The council rejected that, so she appealed to the adjudicator.

The council's answer

The council says loading and unloading were expressly prohibited on that road at that time, that the car was stopped on the restriction when the notice was issued, and that the unloading exemption she relies on cannot apply where loading itself is banned. The penalty charge is £80.

Evidence in the file

  • Exhibit A · The penalty charge notice

    Issued at two minutes past ten in the morning for parking or loading where prohibited. Penalty charge £80.

  • Exhibit B · The restriction

    A London borough road on which loading and unloading were expressly prohibited at the time the notice was issued.

  • Exhibit C · The driver's account

    She stopped so her husband could go to the bank, took his wheelchair from the car, helped him into it, and came back within a short time to move the car. The car was not left.

  • Exhibit D · Her representations

    She told the council she had been unloading, and that unloading was allowed. She did not use any other words for what she had done.

  • Exhibit E · The council's reply

    Representations rejected: loading and unloading were prohibited there, so the exemption she claimed could not apply. A notice to owner followed.

Which way do you decide?

What is fair and reasonable is a judgement. The ombudsman gives one; people who read the same file often give another, and this game is about how people weigh the same facts, not about being right. Built from cases the Financial Ombudsman Service and other bodies have published, and from Docketory's own files, rewritten in our own words with every name removed. Docketory is not connected with any of them, and this game is not advice on your own case.

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