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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70699
Experience:  Over 5 years in practice
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I was stationary on a single yellow line and my pasenger took

Resolved Question:

I was stationary on a single yellow line and my pasenger took four minutes to leave the car and in that time I was CCTV and have received a parking ticket. If I was unloading goods one is given 20 minutes grace how long is it for a person?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Who is the issuer please?
Customer: replied 3 years ago.


I was oparked in harley st wesminister london

Customer: replied 3 years ago.


westminister council

Expert:  Jo C. replied 3 years ago.
Thanks.

Were you unloading please?
Customer: replied 3 years ago.

I was unloading a person is that considered as unloading.?
Expert:  Jo C. replied 3 years ago.
No.

Was there no other reason for stoppping? Up were literallly just allowing somebody to disem bark?
Customer: replied 3 years ago.
There was no other reason to stop other than to let someone leave the car
Expert:  Jo C. replied 3 years ago.
Thanks

And were you within the hours of operation of the single yellow lines ? They don't operate all the time
Customer: replied 3 years ago.
Yes
Expert:  Jo C. replied 3 years ago.
Thanks. I just need about 20 mins to type out an answer if thats OK?

I'm afraid its bad news though.
Expert:  Jo C. replied 3 years ago.
Thanks.

I'm afraid its bad news. I was hoping that you could be brought within the hours of operation exemption etc.

The short answer is that you can unload on a single yellow line even during the hours of operation. The difficult here is that you were not unloading.

Unloading is defined in a case called Spake v Testor. It gives quite specific guidance upon what is a 'load' and it basically means something too bulky to be transported by any other means than a car.

In fact, Councils do not have to allow any period of grace for parking on a single yellow line. They do generally allow an observation period of 5 mins for private vehicles to rebut any defence of loading raised by the driver.

You were not loading though. You were just stopping to allow a passenger to disembark. Taxis can stop for the time it takes to allow a passenger to alight or disembark but it hasn't been extended to private vehicles. You could always ask the council to cancel usuing their discretionary grounds on that basis though. That might be worth pursuing. They do sometimes do that.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
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