Royal Parks trade business vehicles

[gussay]

Hi first time user here...

I privately sold a desk that I had at my home and offered to deliver the desk to the buyer.

I hired a Transit Van from National/Eurocar (with Eurocar sign on the side), loaded the desk into the van and headed for Lambeth in London from Reading.

The sat nav took me straight past Buckingham Palace and up birdcage walk, where I was stopped by a Metropolitan Police woman. She informed me that I was driving a Trade/Business vehicle in A Royal park and issued me with a £30 on the spot fine.

 

According to The Royal Parks and Other Open Spaces Regulations 1997, one must not:

 

(27) drive or ride any vehicle which is constructed, adapted or in use for the purpose of a trade or business except as specified in Part I of Schedule 2 to these Regulations; (Part 1 doesn't apply here).

 

I told the police woman I was just delivering a desk I'd sold privately, to wit she asked if I had an invoice... I said no, it is a cash transaction. I showed her the single day rental for the van.

She checked on her radio what insurance was on the van to see if it was business insurance. It wasn't for me.

 

She then asked me what I did for a living, I said I'm a software developer, which I am. She asked to see a business card. I don't have any business cards. She then looked in the back and said because the van had protective wooden panels on the inside, it had been adapted for business purposes and was therefore unauthorised use in the Park.

 

Have I broken the law here? Does driving a van you've hired to transport a privately sold item become business or trade use?

 

Please help.

Gus..

[sir_gilmour]

Hi gussay

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

[dx100uk]

I think she is wrong

 

it was a private hire of a 'business' vehicle

 

appeal it

 

dx

[gussay]

Hi gussay

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

 

Thanks, Sir Gilmour...

I followed the welcome video and placed it here, but after a quick look, I've found the "Speeding and Motoring Offences" forum under "Transport" so will put it there.

Should I remove it from here? If so, how do I do that?

 

Gus..

[dx100uk]

you are in that forum now

 

hope you get some replies

 

dx

[gussay]

Thanks dx,

 

As it is a Fixed Penalty Notice, it only gives me the option to be dealt with by court and I will be summoned.

If I take this option, will I have the opportunity to appeal or will it go straight to summons?

The cost of appearing in a london court will be far higher than £30, especially if I am in a software work contract at the time of being summoned.

 

I really do want to fight this as I feel this police woman has just decided to fine me for being in a van and misrepresenting the law... She put on the ticket that the vehicle use was "Business/Trade", when I wasn't using it in this way. It was like because I couldn't PROVE it wasn't for business use, I was getting a ticket. When did proving your innocence become the law?

 

But will fighting it cost me a whole lot more money?

 

Gus..

[gussay]

Thanks dx100!

[ericsbrother]

Awkward, as having writing on the side of the vehicle indicated that it is primarily for business purposes. The hire company may be able to tell you the proportion of vehicles rented for business purposes and if it is less than 50% you can argue that it is not a business vehicle by use. You problem is the "constructed or adapted" part, the police always seem to win that one in other circumstances. Basically the courts read it as "does it look like one", which is specifically wrong but you would need to risk a lot to argue it out at a higher court as magistrates and ordinary judges dont acquaint themselves fully with the discussion behind the legislation that would enable them to reach a proper decision. Also, it doesnt matter to them if they get it wrong as you can always appeal, cant you? (yeah, if you have the odd £100k to spare).

I would be tempted to pay the £30 in this case as being right is not always being wise.

[assisted blonde]

Agree with Ericsbrother in this case, dosnt seem fair but its a lot cheaper than fighting it.

[scaniaman]

Don't know the correct answer here but if it were me i would firstly get my MP involved as these people don't like this type of intervention. Secondly, let them know that you are paying "Under extreme duress" as you feel unjustly treeted.

I had a similar problem up here in the sticks and i reported to the cheif constable----immediately problem was quashed.

[Kiki1]

Unless you have been given express permission by the Royal Parks authorities, you cannot use a vehicle with sign-writing on the panels unless you are in a Hackney Cab.