Here is a very important PATAS case on the issue of loading and unloading in the course of a business. The decision states that the Authority "was incorrect in asserting that for the exemption to apply the goods loaded/unloaded must be heavy or bulky."
So the law is that if your are loading or unloading in the course of a business the goods do not need to be heavy or bulky.
Case 2080135539
Authority - Transport for London
I found the Appellant, who appeared before me today, to be a credible and convincing witness.
She worked as an events director.
It was not in dispute that she had stopped her vehicle as alleged during permitted hours in this red route loading bay.
The Appellant explained that she had so stopped for the purpose of collecting a box of pre-ordered swimming goggles for use in her business from a nearby store. The store was only however able to provide her with one pair of goggles, (receipt supplied), which she then loaded into her vehicle taking no more than five minutes to do so.
I accepted the Appellant's evidence.
The Authority was incorrect in asserting that for the exemption to apply the goods loaded/unloaded must be heavy or bulky. Such requirement does not apply where goods are being loaded/unloaded during the course of business. [Barrie's emphasis]
I was satisfied against this background that the Appellant could rely upon the loading/unloading exemption that applied to this bay and for this reason allowed the appeal.
Adjudicator Andrew Harman
Decision Date; 19th May 2008
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