3. Harrow Council PCN, appeal lost on 10th minute (grace period?)
« previous next »
Pages: [1]

Author Topic: Harrow Council PCN, appeal lost on 10th minute (grace period?)  (Read 51 times)

0 Members and 14 Guests are viewing this topic.

Harrow Council PCN, appeal lost on 10th minute (grace period?)
« on: »
So on June 2nd I paid to park for one hour from 7:43 to 8:43.



Location
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl



A parking warden decided to issue a ticket at 8:53 (on the Payment portal the warden was also observing several minutes beforehand), this I understand was still within the grace period. The parking ticket clearly states in Bold 'Parked after the expiry of paid for time'


Thinking this was a mistake , I simply wrote a reply stating that warden has issued the ticket within the 10 minute grace period ( as per parking law) attached proof of parking payment, showing times, and expected it to be cancelled.

However I lost my appeal, the email states this is still past the grace period.



I feel the 10th minute is still inside the grace period? Although I can pay this, I feel the principle of grace period should be argued further here.. Thoughts?

Logged

Share on Bluesky Share on Facebook

Re: Harrow Council PCN, appeal lost on 10th minute (grace period?)
« Reply #1 on: »
Yes, 10 minutes from 08.43 takes you to 0.53, so the PCN should have been served on or after 8.54. If you want to take the matter further, (i.e. no pay the discount), you must wait for them to serve a Notice to Owner.

so are you the owner and if so, is your name and address on your V5C Registration Certificate, (aka Logbook), up-to-date ?
Logged
Re: Harrow Council PCN, appeal lost on 10th minute (grace period?)
« Reply #2 on: »
Hi

Yes I am the owner, the V5 is up to date.  I shall wait for the NTO . I would assume this is easily defendable ?

Are there some next steps I can look at for a 'heads up'? I have successfully defended several private parking PCN before using the MSE parking forums .
Logged
Re: Harrow Council PCN, appeal lost on 10th minute (grace period?)
« Reply #3 on: »
The reason they must give 10 whole minutes after the expiry time is that parking tickets are measured in minutes not minutes and seconds.
Logged
Re: Harrow Council PCN, appeal lost on 10th minute (grace period?)
« Reply #4 on: »
The regs:
The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022
These Regulations, together with the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (S.I. 2022/XXXX), provide for the civil enforcement of...
legislation.gov.uk


They don't 'allow' anything, the law prevents them from demanding a penalty. Pompous oafs!

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.

In as much as the 'time of contravention', which is a mandatory requirement in a PCN, can be inferred from the PCN which only states an observation period, this would be 8.53.

The period of 'permitted parking' ended at 8.43.

53-43=10 minutes.

Self-evidently, 10 minutes 'does not exceed 10 minutes'.

The demand for the penalty is unlawful; the PCN must therefore be cancelled.

If the authority continues to gainsay what is self-evident and reject these representations, I shall apply for a costs award at the tribunal hearing.
Logged
Pages: [1]
« previous next »
  3. Harrow Council PCN, appeal lost on 10th minute (grace period?)