Free Traffic Legal Advice

Hi everyone,

I got a council PCN yesterday for overstaying a public 2 hour free parking bay in which the car was observed from 16:07 to 18:14 (2 hrs 7 mins).

I was under the impression that CEOs had to allow a 10 minute grace period before issuing a ticket meaning that it would only be admissible if it were issued after 18:17. Is this the case? If so can anyone point me in the direction of any relevant laws I can point to in my appeal?

The CEO also got the colour of the car wrong but I'm assuming this is not important.

If it helps, I've attached the front and back of the PCN with identifiable information redacted.

Link to Pepipoo post - http://forums.pepipoo.com/index.php?showtopic=152041

Thanks!

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Thanks, exact location is here, just down the road: https://www.google.co.uk/maps/@51.7598943,-1.2679656,3a,75y,120.43h,93.58t/data=!3m6!1e1!3m4!1sK1lrsXG_L2KK16rE9ejEhQ!2e0!7i16384!8i8192?entry=ttu

Sorry can you explain what you mean by that? The PCN says it's payable from the date it was served

PCN: OX7259998A
Reg: LT59YSB

For the pictures

The regs

Particulars to be included in a penalty charge notice given under regulation 9
2.  The information to be included in a penalty charge notice served under regulation 9 is—

(a)the date on which the notice is served,

(b)the regulatory matters,
(c)the grounds on which the civil enforcement officer issuing the notice believes that a penalty charge is payable,

(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,

(e)that if the penalty charge is paid no later than the applicable date, the penalty charge will be reduced by the amount of any applicable discount, and
(f)that if the penalty charge is not paid within the period of 28 days referred to in sub-paragraph (d), a notice to owner may be served by the enforcement authority on the owner of the vehicle.


I cannot remember if it is MrM or CP who have argued this successfully


This HC case would apply

This is what I plan to say in my challenge to the council. All good?

The PCN does not comply with The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2015 which states that:

“(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.”

For the PCN to be permissible, it should not have been issued before 18:17, i.e. 10 minutes after the 2 hours allotted time has elapsed.

I also note that the PCN does not comply with The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 which states that:

Particulars to be included in a penalty charge notice given under regulation 9
2.  The information to be included in a penalty charge notice served under regulation 9 is—

(a)the date on which the notice is served,
(b)the regulatory matters,
(c)the grounds on which the civil enforcement officer issuing the notice believes that a penalty charge is payable,
(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,

At no point does the PCN mention that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred, only the date which it was served, which is not the same.

Here are the links to the relevant legislation:
https://www.legislation.gov.uk/uksi/2015/561/regulation/2/made
https://www.legislation.gov.uk/uksi/2022/71/schedule/2/made?view=plain

Spot on, updated to the following and submitted, fingers crossed!

The PCN does not comply with The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022; Regulation 5 which states that:

“Imposition of penalty charges for relevant road traffic contraventions
5.—(1) A penalty charge may be imposed with respect to a vehicle where that vehicle is involved in a relevant road traffic contravention which is committed on or after the commencement date.

(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.”

For the PCN to be permissible, it should not have been issued before 18:17, i.e. 10 minutes after the 2 hours allotted time has elapsed.

I also note that the PCN does not comply with The PCN does not comply with The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022; Regulation 9 which states that:

“Particulars to be included in a penalty charge notice given under regulation 9
2.  The information to be included in a penalty charge notice served under regulation 9 is—

(a)the date on which the notice is served,
(b)the regulatory matters,
(c)the grounds on which the civil enforcement officer issuing the notice believes that a penalty charge is payable,
(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,

At no point does the PCN mention that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred, only the date which it was served, which is not the same definition.

Here are the links to the relevant legislation:
https://www.legislation.gov.uk/uksi/2022/71/regulation/5
https://www.legislation.gov.uk/uksi/2022/71/schedule/2

For later:

The City of Oxford (Jericho) (Parking Places and Controlled Parking Zone) Order 2000
The Oxfordshire County Council (City of Oxford) (Jericho) (Parking Places and Controlled Parking Zone) (Variation No.27) Order 2022

Very well done ! We don't often very seldom see this from councils.