Council Penalty Charge Notice

[Emlewuna]

Hi,

Have just received an on screen ticket from an enforcement officer.
I was 'observed' from 15.50 to 16.37 which is a total of 47 minutes.
The on street parking I had parked in has a time limit of 40 minutes between 10am and 6pm. Between 6am and 10am it is for loading only as it is in front of some shops and between midnight and 6am it is for taxis only.
I was under the impression that after the allotted time you are given a 10 minute grace period.
The officer had literally put the ticket on and was taking photos of my car, I was furious!

Anyway, can I appeal on the grounds that the grace period was less than 10 minutes?

Many thanks

[michael]

A lot of councils seem to think that the 10 minute grace period only applies to pay& display bays (ie paid for parking), but it applies to any designated parking place including free time limited bays.

This is the legislation:

2.—(1) The Civil Enforcement of Parking Contraventions (England) General Regulations 2007(1) are amended as follows.

(2) In regulation 4 (imposition of penalty charges)—

(a)re-number the existing provision as (1);

(b)at the end insert—

“(2) Paragraph (3) applies in relation to a contravention mentioned in subparagraph (a) to © of paragraph (1) where a vehicle is stationary in a designated parking place and the vehicle has been left beyond the permitted parking period.

(3) No penalty charge is payable for the contravention where the vehicle has been left beyond the permitted parking period for a period not exceeding 10 minutes.

(4) In this regulation—

(a)“designated parking place” means a parking place established by virtue of an order made under section 1, 6, 9, 32(1)(b), 35 or 45 of the Road Traffic Regulation Act 1984(2);

(b)“permitted parking period” means—

(i)a period of parking that has been paid for as authorised by or under any order made relating to the designated parking place; or

(ii)a period of parking for which no charge is payable as authorised by or under any order made relating to the designated parking place.”

For time limited bays many CEOs note vehicles parked when they make their rounds, then compare with vehicles on their next round.
So I would not be surprised over a few minutes or even zero observation time and reliance on CEO notes to "prove" the contravention.
But 47 minutes observation time seems to suggest first noted and when PCN created.
Three minutes early.

[tesla6518]

Guilty as Charged: The Parking enforcement officer has been over enthusiastic by 3 minutes. I would send the council a copy of the regulations and request the ticket be cancelled.