Loading and Unloading Defence Appeal Letter

[YOUR NAME]
[YOUR ADDRESS]
[YOUR CITY]
[YOUR POSTCODE]

[DATE]

[COUNCIL NAME OR OPERATOR NAME]
[THEIR ADDRESS]

Dear Sir or Madam,

Re: [Penalty Charge Notice / Parking Charge Notice] [PCN REFERENCE]
Vehicle Registration: [VEHICLE REG]
Location: [LOCATION]
Date of Alleged Contravention: [DATE OF ALLEGED CONTRAVENTION]

I am writing to appeal the above charge. At the time the notice was issued, I was actively engaged in loading or unloading goods from my vehicle. Loading and unloading is a lawful exemption from the parking restriction at this location and I should not have received this charge.

Nature of Loading Activity

On [DATE], I parked at [LOCATION] in order to [DESCRIBE WHAT YOU WERE LOADING OR UNLOADING: e.g. deliver goods to a nearby business; move heavy furniture into my property; unload building materials for a construction job; collect a large online order from a shop; deliver catering supplies]. The loading activity was continuous and I did not leave the vehicle unattended for any longer than was reasonably necessary to carry the goods to or from the delivery point.

[IF APPLICABLE: I am a [delivery driver / tradesperson / business owner] and this vehicle is used regularly for [trade/commercial/delivery purposes]. The nature of my work requires me to park close to the delivery point in order to load or unload heavy or bulky items.]

Legal Basis for Loading Exemption

[FOR COUNCIL PCNs:]
Under the Traffic Management Act 2004 and the relevant Traffic Regulation Order for this location, loading and unloading of goods is permitted even in areas with waiting restrictions, provided the activity is genuine and continuous. The Department for Transport Operational Guidance to Local Authorities (March 2020) states that Civil Enforcement Officers should observe the vehicle for a sufficient period to establish that loading or unloading is not taking place before issuing a PCN. I contend that the enforcement officer did not observe my vehicle for an adequate period, or failed to recognise that genuine loading activity was in progress.

[FOR PRIVATE CHARGES:]
The terms and conditions at this car park permit loading and unloading activity. Even if the signage does not explicitly mention loading, it is an implied term that vehicles may stop briefly for the purpose of loading and unloading goods, particularly where the car park serves retail or commercial premises.

Evidence of Loading Activity

I can provide the following evidence to support my appeal:
[LIST YOUR EVIDENCE: e.g. delivery note or invoice showing goods were delivered to the address; photographs of the goods being loaded/unloaded; confirmation from the recipient of the delivery; vehicle logbook or tracking data showing delivery route; trade vehicle markings or livery; till receipts from nearby shops for large or heavy items.]

Observation Period

[FOR COUNCIL PCNs:] The Civil Enforcement Officer is expected to observe the vehicle and assess whether loading is taking place before issuing a PCN. Simply noting that the vehicle was parked in a restricted area is not sufficient. If the officer did not observe me carrying goods or check whether loading was in progress, the PCN was issued prematurely. I request the CEO's notes and any photographs taken, which should confirm whether loading activity was considered.

I request that this charge be cancelled. The vehicle was being used for genuine loading and unloading activity and the parking restriction should not apply.

[FOR COUNCIL PCNs:] If this informal challenge is rejected and a Notice to Owner is issued, I will make formal representations and, if necessary, appeal to the [Traffic Penalty Tribunal / London Tribunals].

[FOR PRIVATE CHARGES:] If this appeal is rejected, I will escalate the matter to [POPLA / IAS] as appropriate.

Yours faithfully,

[YOUR NAME]