Double Parked Only While Loading or Setting Down Passengers

Section 85 contains its own exemptions. Stopping just to let people in or out of the vehicle, for no longer than necessary, is not 'parking' at all. And a vehicle delivering or collecting goods may park away from the kerb for up to 20 minutes where the loading cannot reasonably be done with the vehicle parked closer in — for example when parked cars occupy the whole kerbside. A code 26 ticket issued mid-delivery or mid-drop-off is unlawful.

Legal basis

Traffic Management Act 2004 s.85(4) (delivery/collection/loading exception: 'no more than 20 minutes' where loading cannot reasonably be carried out otherwise) and s.85(7) (parking excludes stopping 'for no longer than is necessary, for the purpose of allowing people to board or alight'; also stopping where prevented from proceeding or to avoid an accident)

How to identify this in your case

Were you actively loading or unloading goods for 20 minutes or less, with the kerbside fully occupied so you could not reasonably load from closer in? Or had you stopped only to let a passenger in or out? Keep delivery paperwork, courier app records or a passenger's statement, and compare your timings with the officer's observation times on the PCN.

Sample appeal wording

Before you send this

Deadline. A late submission can be turned down without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

I am appealing this penalty charge issued under contravention code 26. [My vehicle was engaged in the delivery/collection of goods; the kerbside was fully occupied so the loading could not reasonably have been carried out with the vehicle parked within 50 centimetres of the carriageway edge, and the vehicle was so parked for no longer than necessary and for less than 20 minutes, engaging section 85(4) of the Traffic Management Act 2004.] / [My vehicle was stopped for no longer than necessary to allow a passenger to board/alight, which section 85(7) expressly excludes from 'parking'.] I enclose supporting evidence and put the council to strict proof, including its officer's full observation record, of any matter said to defeat the exemption. No contravention arose and the penalty should be cancelled.

Beat It writes this argument automatically

Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and sends it for you where the council takes email — guiding you through their own online form where they use one, so you press submit. The win fee is only charged if you win.

Double Parked Only While Loading or Setting Down Passengers

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps