Author Topic: Contravention code 30: Parked for longer than permitted  (Read 545 times)

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Contravention code 30: Parked for longer than permitted
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Hi Wizards,

I hope you all are well.

My brother parked van overnight and in the morning he saw this ticket. Attached ticket image and sign post as well.

We live in the street and have valid parking permit.

Our van was parked at the end of the street(he came from work late at night and found only this space available in the street), he was under the impression because we have valid resident parking permit he can park in the bay.

GSV:
https://tinyurl.com/bdzxxcf2

Can anything be done to avoid this ticket?

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Re: Contravention code 30: Parked for longer than permitted
« Reply #1 on: »
Well, sorry to have to say it, but your brother's impression of where he could park with his resident permit is wrong. This bay is obviously not meant for long term parking, but obviously, your brother can park there outside the controlled hours of Mon-Sat 8am to 6.30pm, and also for two hours within those times. From your narrative, and looking at the PCN, clearly he parked outside the controlled hours, and then came within the controlled times at 8am, so would have been in contravention at 10am.

However, there is a 10 minute grace period when a vehicle is parked in a designated parking place, and over-runs the time allowed, so the PCN has been issued too early at 10.07. The two hours parking allowed, started at 8am, and ended at 10am, therefore a PCN could not lawfully be served before 10.10am. So it seems this CEO is in need of additional training !

You should therefore submit an informal challenge stating that the PCN was served too early as there is a 10 minute grace period allowed when the parking over-runs the allowed times.


Re: Contravention code 30: Parked for longer than permitted
« Reply #2 on: »
Apart from the parking time limit being 30 mins Incandescent is right the PCN is defective in being served to early it could not legally be served until 10.10am
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Re: Contravention code 30: Parked for longer than permitted
« Reply #3 on: »
This bay is obviously not meant for long term parking, but obviously, your brother can park there outside the controlled hours of Mon-Sat 8am to 6.30pm, and also for two hours within those times.


Apart from the parking time limit being 30 mins Incandescent is right the PCN is defective in being served to early it could not legally be served until 10.10am

This bear of little brain is confused!
If, as per the sign in the opening post, the limit is 30 minutes, then the grace period ended at 8.40am.

BUT, if,  as per the GSV in the opening post, https://tinyurl.com/bdzxxcf2 , the time allowed is two hours and the OP has a case.

@ahsan

which sign governed the bay in which he was parked?

 

Re: Contravention code 30: Parked for longer than permitted
« Reply #4 on: »
'NR lp 1' is a 30-minute restriction.

Dear Sir,
PCN *********

I refer to the above which was issued at 10.07 29 May for the contravention 'Parked for longer than permitted'.

As far as is relevant, the key facts are:
The bay is in effect Mon-Sat 8am - 10pm;
No charge is payable but parking is restricted to 30 minutes;
My vehicle was first observed at 9.29;

I accept that at 10.07 my vehicle had been parked for more than 30 minutes as its parking rights expired at 9.59. A contravention had therefore occurred. However, I hope that the authority will be similarly candid and honest and accept that by virtue of regulation 5(2) of the 'General' regulations, which prohibits the authority demanding a penalty for such a contravention until a period of 10 minutes has elapsed following the contravention, no penalty charge may be imposed:

5(2) But no penalty charge may be imposed under paragraph (1) in relation to a parking contravention where—

(a)the vehicle is stationary in a designated parking place and is left beyond the permitted parking period, and

(b)the period for which it is left beyond the permitted parking period does not exceed 10 minutes.

(3) In this regulation—

“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 RTRA 1984;
“permitted parking period” means a period of parking—

(a)
or

(b)
for which no charge is payable as authorised by or under any order made relating to the designated parking place.


Therefore, notwithstanding the underlying contravention, the imposed penalty charge i.e. PCN, must be cancelled because the CEO did not follow correct procedure.
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Re: Contravention code 30: Parked for longer than permitted
« Reply #5 on: »
Hi all,

Thanks for your valuable contributions much appreciated and really valuable…

The sign in question is the second pic in my original post which is 30 mins one…

I live in the street for years and never noticed two bays literally opposite to each other have different timing, is it councils tact to confuse people?  :(

Further the two hour sign someone threw paint on the sign… see attached.

Should I still go ahead follow Andersen’s text and appeal?

Thanks in advance.

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Re: Contravention code 30: Parked for longer than permitted
« Reply #6 on: »
Silly me for assuming the OP's GSV link was to show the actual bay where parked with a sign allowing 2 hours, whereas it was on the opposite side where it's 30 minutes, so my original post is not valid, the OP's van was in contravention after 8.30am. So the PCN served at 10.07 is valid.

Re: Contravention code 30: Parked for longer than permitted
« Reply #7 on: »
Silly me for assuming the OP's GSV link was to show the actual bay where parked with a sign allowing 2 hours, whereas it was on the opposite side where it's 30 minutes, so my original post is not valid, the OP's van was in contravention after 8.30am. So the PCN served at 10.07 is valid.

No read the PCN.

The contravention does not start at the time of the restriction but at  the time stated on the PCN first observation was 9.29 30 mins = 9.59 statutory grace period 10 mins =10.09 or 10 .11 if we needed to be smart asses

HCA.s draft is good so you should go with it. This will win its just a matter of which stage
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Re: Contravention code 30: Parked for longer than permitted
« Reply #8 on: »
I have further found PCN will be illegal if 10 mins grace period is not respected.

https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions#:~:text=Any%20penalty%20charge%20during%20the,a%20parking%20ticket%20where%20required).

I will apply using the draft Andersen kindly shared…

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Re: Contravention code 30: Parked for longer than permitted
« Reply #9 on: »
Silly me for assuming the OP's GSV link was to show the actual bay where parked with a sign allowing 2 hours, whereas it was on the opposite side where it's 30 minutes, so my original post is not valid, the OP's van was in contravention after 8.30am. So the PCN served at 10.07 is valid.

No read the PCN.

The contravention does not start at the time of the restriction but at  the time stated on the PCN first observation was 9.29 30 mins = 9.59 statutory grace period 10 mins =10.09 or 10 .11 if we needed to be smart asses

HCA.s draft is good so you should go with it. This will win its just a matter of which stage
Ah, right, so time before the CEO arrived is irrelevant, which it has to be, as the vehicle could have just arrived five minutes before the CEO turned up. So, as they say, "with one bound, Jack was free" !
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Re: Contravention code 30: Parked for longer than permitted
« Reply #10 on: »
I have appealed today, Ill keep you all posted with the outcome.

Thanks.

Re: Contravention code 30: Parked for longer than permitted
« Reply #11 on: »
Hi all,

I am happy to share the ticket is cancelled, see councils reply:

"
Thank you for your representations received on 02 June 2025, against the above
penalty charge notice (PCN). Your comments and the notes of the Civil Enforcement
Officer (CEO) have been considered and our findings are -
 
After further investigation, your representation has been accepted and penalty
charge notice has been cancelled. 
 
Yours sincerely
"

Re: Contravention code 30: Parked for longer than permitted
« Reply #12 on: »
Thanks H C Andersen for creating a strong draft. much appreciated.