Mrs B v High Wycombe

National Parking Adjudication Service Mr B -vBuckinghamshire County Council 13/08/99 – HIW0223 Adjudicator’s Reasons On...

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National Parking Adjudication Service

Mr B -vBuckinghamshire County Council 13/08/99 – HIW0223 Adjudicator’s Reasons On the 5th March 1999 a silver Ford, registration number R*** JNK was seen parked in Pauls Row at 15.42, at which time Pauls Row is a restricted street. The attendant observed the vehicle for 10 minutes and at 15.42 issued a Penalty Charge Notice for being parked in a restricted street during controlled hours. The vehicle is owned by Mr B but on that occasion was being driven by Mrs B who at the time was pregnant. Mrs B wrote to the Council on the 11th of March explaining that she had been collecting a helium cylinder from Bassetbury Balloons, the entrance to which was round the other side of the building from which she parked. Since she was pregnant, she needed the shop owner to carry the cylinder to the car and there was a short delay whilst the proprietor was assisting another customer. The Council subsequently sent Mr B a Notice to Owner and Mrs B replied again, explaining that she was collecting a helium cylinder. The Council rejected representations, suggesting that she had provided no supporting evidence to show that she was collecting the cylinder. She has now appealed to me. I have carefully considered the evidence provided by both the Council and the Bs and they have now sent to me a copy of an invoice from Bassetbury Balloons Party Shop dated the 5th of March, showing that there was a helium cylinder and balloons paid for and collected that day. In those circumstances, I accept the account given by Mrs B. Where Mrs B was parked there is an exemption for loading and unloading or collecting and delivering, and in my view on this occasion she was collecting the helium cylinder. I take into account that she was pregnant and unable to carry the cylinder herself and therefore the collection activity may have taken longer than would otherwise have been expected. I therefore consider that ten minutes away from her vehicle was reasonable in all the circumstances, and I accept that she was collecting and therefore no contravention occurred. Caroline Sheppard Adjudicator appointed under 73(3) Road Traffic Act 1991

Dated 13.08.1999