I can't make sense of that quote from Merton.
This is a battle we've had with a number of cases - as the legislation is written we say the grace must apply, but councils often say it doesn't and I don't think adjudicators have backed us up in all cases.
This recent case is an odd one by one of the toughest adjudicators - was he not ready to apply the law or was he baiting the council, or what? No matter Merton must be put to the test.
Another point is that London Councils guidance is not to issue in the first 2 mins after start or before end of a yellow line restriction and this was just 1 minute in.
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Case reference 2250215134
Declarant Ilham Ahmed Aden
Authority London Borough of Haringey
VRM SM12EMX
PCN Details
PCN ZN13486355
Contravention date 20 Aug 2024
Contravention time 17:01:00
Contravention location Topsfield Parade, N8
Penalty amount GBP 130.00
Contravention Parked or loading/unloading during a loading ban
Referral date 29 Apr 2025
Decision Date 16 Oct 2025
Adjudicator Michael Burke
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons On 02.10.25 I adjourned this case, writing in the following terms:
“The Adjudicator directs that if the Enforcement Authority continue to seek enforcement of this penalty charge they set out why they would say the 10-minute grace period allowed by Regulation 5(2) Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions)(England) Regulations 2022 does not apply.”
The Enforcement Authority have failed to respond. In these circumstances they no longer seek enforcement and accordingly I allow the appeal.
