Author Topic: Enfield Council. PCN Code 12R parked without permit. Arnos Road N11. (Read 44 times)

asm99 · « **on:** January 11, 2025, 01:14:04 pm »

Thank you in advance.

Arnos Road N11 has restricted parking between the hours of 11:00 - 12:00 noon Monday to Friday. https://maps.app.goo.gl/znCUTnMFkk8zqFhS8

The PCN states that on 10/01/25, between 10:58 and 11:03, a CEO observed the vehicle parked and the contravention being committed.

I agree that the contravention was being committed for three minutes between 11:00 and 11:03, however, the contravention was not being committed between 10:58 and a second before 11:00. Therefore, the CEO only witnessed the contravention for three minutes.

There was a short delay in returning to the vehicle, and it was moved away from the restricted road at approximately 11:05.

Before I count my losses, is there any ground for an informal appeal as there seems to be no grace period?
Furthermore, is there ground for appeal on the basis that the PCN states the vehicle was witnessed in contravention of the parking restriction two minutes before the restrictions came into force?

I appreciate the advice!

stamfordman · « **Reply #1 on:** January 11, 2025, 02:11:02 pm »

The 10 minutes grace applies and a PCN couldn't have been issued until 11:11 as you were in a permitted parking place that was free and then wasn't.

See this case and the adjudication:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/nto-hampshire-code-16-parked-in-residents-permit-bay-clockhouse-road-farnborough/

asm99 · « **Reply #2 on:** January 11, 2025, 03:01:51 pm »

Quote from: stamfordman on January 11, 2025, 02:11:02 pm

The 10 minutes grace applies and a PCN couldn't have been issued until 11:11 as you were in a permitted parking place that was free and then wasn't.

See this case and the adjudication:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/nto-hampshire-code-16-parked-in-residents-permit-bay-clockhouse-road-farnborough/

Thank you @stamfordman

Is this a sufficient reply?;

Dear Enfield Council

The penalty demanded exceeds the amount due in the circumstances of the case. This is because I lawfully parked my car prior to 11am, the restriction came into force at 11am, and the CEO issued the PCN three minutes later at 11:03am. The amount due is zero.

By virtue of regulation 5 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 no penalty was due at 11:03am as the regulation states 'no penalty charge may be imposed in relation to a parking contravention where the period for which it is left beyond the permitted parking period does not exceed 10 minutes.'

Please notify me as soon as the PCN has been cancelled.

Yours sincerely,

H C Andersen · « **Reply #3 on:** January 11, 2025, 03:47:52 pm »

The CEO's observation period commenced at 10.58 therefore it is common ground that your car was parked before the restriction commenced at 11am. This is a key plank of your defence.

As can be seen, the CEO first observed my car at 10.58 although I parked much earlier at approx. ****** I was aware that restrictions came into effect at 11am but I was delayed in returning. I estimate that I returned at approx. 11.05.

As the authority will see from the above, the PCN has been issued in error because I was parked in a designated parking place and therefore regulation 5(2) of the General Regs applies i.e. the authority were prohibited from demanding a penalty prior to 11.11, that is to say a period of 10 minutes has expired since the vehicle was first in contravention:

https://www.legislation.gov.uk/uksi/2022/71/regulation/5/made

If the authority disagree that 5(2) applies, then they must show that the marked area was not and could not be regarded as a designated parking place prior to 11am and as a minimum production of the applicable Traffic Management Order would be required.

There is no need to write out the name of the regs in full, IMO it loses momentum.

But these are minor differences.

stamfordman · « **Reply #4 on:** January 11, 2025, 05:53:45 pm »

This is an informal challenge and I would keep it short and just say:

-----
As your CEO noted I was parked in a designated parking place before the permit restriction started at 11am but owing to the 10 minute grace period that applies to such parking places a PCN cannot be issued before that period is elapsed, ie at 11:11.

I look forward to your early cancellation of this PCN, which has been issued in error.
------------

Or go with either of the others - Mr Anderson makes a detailed case. If they are minded to reject they'll reject any of them and you'll have to go onto formal stage.

Do you own the car and have an up to date V5C logbook?

Why did you park there and for how long.

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Author Topic: Enfield Council. PCN Code 12R parked without permit. Arnos Road N11. (Read 44 times)

asm99

Enfield Council. PCN Code 12R parked without permit. Arnos Road N11.

stamfordman

Re: Enfield Council. PCN Code 12R parked without permit. Arnos Road N11.

asm99

Re: Enfield Council. PCN Code 12R parked without permit. Arnos Road N11.

H C Andersen

Re: Enfield Council. PCN Code 12R parked without permit. Arnos Road N11.

stamfordman

Re: Enfield Council. PCN Code 12R parked without permit. Arnos Road N11.