The appellant was issued with a Penalty Charge Notice (PCN). The car was parked in a restricted street during prescribed hours. The appellant contends that “on the day in question the car was parked in a pick-up point to lift my groceries and when I returned, I had a ticket.  My car was legally parked in this pick-up point and in no way was I causing an obstruction, or doing anything illegal.”

I find as fact that he was parked on double yellow lines as shown in the photographs accompanying this case.  Roads Service states that the car was observed for 6 minutes and there was no evidence of loading. The copy of Parking Attendant’s on street log records show the vehicle being observed from 15:58 until 16:04 when the PCN was issued.  The relevant legislation, the Roads (Restriction of Waiting) Order (NI) 1982, Article 3 and the On-Street Parking Order (NI) 2000, Article 2 provides for exemptions to the restrictions (in Article 4 and Article 3 of the respective orders) including for the purpose of loading/unloading goods.  This exemption allows waiting for “so long as may be reasonably necessary” for the purposes of loading.  I find loading of groceries falls within this exemption.

I am not satisfied on balance that Roads Service has demonstrated why a period of 6 minutes exceeds what is “reasonably necessary”. I therefore find that the parking contravention did not occur and I allow the appeal.

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