Did you read the legislation in the earlier link? If not, here it is again:
https://www.legislation.gov.uk/uksi/2022/71/regulation/5/made
A penalty may not be imposed .....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.
It's the law.
Yes, there wasn't any ambiguity.
The informal appeal was worded as follows:
'As can be seen, the CEO first observed my car at 10.58 although I parked much earlier at approx. 09:30. 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/madeIf 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.'
This was the suggested response. The Council clearly didn't get the message.
Should anything else be included in the formal appeal in addition to 5(2) of the general regs?
