Local resident Philip Dazeley is appealing a penalty charge notice which he received in the loading bay in Ross Market Place on January 18th.
Mr Dazeley, who is disabled and uses a blue badge for parking, told the Ross Gazette, “I parked in the Market Place, Ross-on-Wye, on Wednesday, January 18th, 2017 at 11:32, and went to two shops. I returned to the car at 11:40 to find a Parking Warden writing out a ticket. When I asked her “why” she informed me I only had three minutes and as I was not “loading” I had committed an offence.”
Mr Dazeley said he had checked the sign which said that he was limited to 15 minutes for loading only. He said he had not contravened this time restriction and the Parking Enforcement Officer could see that he was carrying his purchases which, he said, means he was loading.
Mr Dazeley, a member of the Chamber of Trade, when one existed in Ross, told the Gazette that he can remember discussions which took place when the proposals for the limits were set. He said, “I seem to remember that when the current proposals were being discussed there were strong objections as people would have difficulty in going to the bank and other shops especially if they were disabled. The outcome was that people were allowed 15 minutes in order for brief visits to be made. The signs say nothing about three minute stays – it would be difficult for me as a disabled driver with a blue badge to even get out of the vehicle in that time.”
Herefordshire Council told the Ross Gazette that the sign means that any vehicle can load or unload in the loading bay between 6am and 6pm Monday to Saturday inclusive for up to 15 minutes. If the vehicle is over five tonnes in weight there is no limit on the time but it still has to qualify for loading/unloading.
To qualify for loading/unloading the activity has to meet certain criteria:
It must be continuous, such as the motorists should not stop to have a cup of tea or a chat etc. The goods being loaded/unloaded must be of such a weight or bulk that they cannot be reasonably carried other than by means of a vehicle. The goods must be of a type that cannot be easily carried by one person in one trip.
A vehicle is not allowed to stop in the loading bay if the goods concerned were not purchased prior to waiting in the loading bay, in other words, a driver cannot park in the loading bay to go shopping for goods.
There is no restriction in the loading bay on Sundays.
Taxis should not use the loading bay for waiting, it should be used for loading/unloading.
The Ross Gazette also asked Herefordshire Council about the rules for disabled drivers using the loading bay by the Market House, a spokesman said: "The bay in question is a loading bay so although loading for any vehicle is allowed, ‘parking’ is not allowed. Therefore blue badge holders are allowed to load and unload in the bay but not allowed to park for up to three hours."