Free Traffic Legal Advice

A 10 minute grace period will not apply to a vehicle parked outside the hours of control on a
single yellow line (and not in a designated parking place) when controls commence. (Please
note that any usual observation periods will still apply).

• Street View Link: https://maps.app.goo.gl/vxkFUuwnYcfWECu5A
• View PCN Link:    https://parking.merton.gov.uk/PCNs/Ticket/FindTicket

• PCN reference:                  MT02055981
• Vehicle Registration:           5AGA
• Contravention Date and Time:    28/10/2025 08:31:23
• Street                          WORPLE ROAD, WIMBLEDON (W1)
• Zone                            ON STREET
• Contravention Code              02
• Contravention Description   Parked Or Loading / Unloading In A Restricted Street Where Waiting And Loading / Unloading Restrictions Are In Force

To: London Borough of Merton Parking Services / PCN Office
PCN number: MT02055981
Vehicle registration: 5AGA
Contravention date/time: 28/10/2025 08:31:23
Contravention location: Worple Road, Wimbledon Centre

Grounds of challenge / representation
   1.   Failure to apply the statutory 10‑minute grace period (Regulation 5(2))
   ▪   I parked lawfully within a designated parking bay at approximately 07:30 am. The PCN records the contravention time as 28/10/2025 08:31:23, and I returned to my vehicle at 08:33 and found the PCN attached. The PCN therefore, was issued within ten minutes after the point at which the vehicle first became allegedly “illegally parked”, or at least within the grace period window that must be respected in on‑street council‑run bays. The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 States:

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.

The PCN issued within that 10‑minute period is contrary to that requirement.
   

2.   Merton Parking Services’ Enforcement Policy was not followed — the policy and its own exclusion do not apply here
   ▪   Merton Parking Services — Enforcement Policy expressly states the authority “will apply a 10 minute grace period before issuing a PCN from the moment it becomes parked illegally” where a vehicle is parked legally in a designated parking bay when initially parked.
   
      ▪      The policy also states: “A 10 minute grace period will not apply to a vehicle parked outside the hours of control on a single yellow line (and not in a designated parking place) when controls commence. (Please note that any usual observation periods will still apply).”
   
      ▪    My vehicle was parked in a marked, designated parking place (white bay markings) on Worple Road. This location was therefore a designated parking place — not merely a single yellow line “outside the hours of control”. The images taken by the enforcement officer clearly show the white bay markings and parking bay signage that identify this as a designated bay. Because this was a designated parking place, the stated exception for vehicles parked outside the hours of control on a single yellow line does not apply. The council nonetheless issued a PCN inside the 10‑minute window contrary to its own Enforcement Policy and the statutory 10‑minute rule.
   

3.   Relevant tribunal authority / procedural failure
   ▪   I draw your attention to the tribunal decision in which the adjudicator allowed the appeal for a PCN being issued 1 minute after the start of the no loading period, and the space was a designated parking bay. (Case ref. 2250215134, Ilham Ahmed Aden v London Borough of Haringey — Decision 16 Oct 2025). This is the same situation as my PCN and therefore it should be cancelled.

Please cancel this PCN on the following grounds:
* it was issued within the statutory/policy 10‑minute grace period applicable to council‑run designated parking bays; and
* this location was a designated parking place (as shown in the attached images) so the policy exception for single yellow lines outside hours of control does not apply.
If you intend to pursue the PCN, please provide the following evidence so I can make further representations or appeal:
* the authority’s enforcement notes and CEO observation records for 28/10/2025 between 07:25 and 08:40 (including CEO arrival time, start/finish of observation period and any note of the vehicle’s lawfulness at initial arrival);
* a copy of the Traffic Regulation Order or signed map authorising the yellow line/kerb markings across that bay and the operative times (if any) for the yellow/kerb marking;
* confirmation of the legal basis (with reference to Regulation 5(2) and the Merton Enforcement Policy) for treating this location as an excluded case to the 10‑minute grace period (if you contend the grace period does not apply).

If you will not cancel the PCN please include the evidence requested above so I can consider further representations or an appeal to the independent adjudicator.

Yours sincerely,

Penalty Charge Notice: MT02055981
Contravention Date: 28/10/2025 at 08:31 VRM: 5AGA
Location: WORPLE ROAD, WIMBLEDON (W1)

Thank you for writing to us.

The Penalty Charge Notice (PCN) was issued to you because your vehicle was seen
stopped in a restricted street where waiting and loading/unloading is not permitted during
prescribed hours. At the location there are yellow stripes on the kerb and white 'No loading'
signs. The kerb stripes mean you are not allowed to park; even to load or unload. A double
kerb stripe means the rule applies 24 hours a day and a single kerb stripe means the rule
applies some of the time (the sign shows the times).

We have carefully considered what you say and whilst we have reoffered the discount period
we have decided not to cancel your Penalty Charge Notice (PCN).

The restrictions are enforced at this location between 8:30-9:30am. Although there are bays
marked on the carriageway there is also a single yellow line and kerb markings present. This
means that during the above hours parking and loading/unloading is not permitted. The bays
can only be parked in during the hours of 9:30am-6:30pm on Mon-Sat and 10am-4pm on
Sundays, and the no return rule only applies during this time.

I must advise that the 10 minute grace period does not apply in this situation, as there are
signs present that indicate the restriction in place. As a result, the PCN can be issued
immediately, as the vehicle was observed in contravention at 08:31.
So, whilst I note that it was not your intention to contravene the restrictions that are in force, I
am satisfied that the notice has been correctly issued and that there are no grounds in which
to cancel the charge.

You can view photographic evidence of this PCN online at: www.merton.gov.uk/pcn.

You have these choices:

• To date, you have paid £0.00, you can pay the discount charge of £80.00, minus any
payment already made, if your payment reaches us within 14 days of the date of this
letter.
• If you miss the discounted period you can pay the full charge of £160.00, minus any
payment already made, within 28 days of the date shown on this letter.
• You can formally challenge your PCN by using a Notice to Owner form. The vehicle's
owner will automatically receive the form if the PCN has not been paid within 28 days of
this letter. The form offers you the chance to formally challenge your PCN or pay the full
£160.00. If you decide to formally challenge your PCN, please do not write to us again
but wait until the Notice to Owner form arrives. If we reject your formal challenge you will
be given the opportunity to appeal against our decision to an independent adjudicator.
For more information about the traffic adjudicator please visit their website at http://
www.londontribunals.gov.uk/eat/appeals-process-explained . Please note: Should you
write back in to the council before the Notice to Owner, the discounted period will not be
placed on hold or reoffered.

How to pay

• Online at www.merton.gov.uk/pay.
• By phone 0300 4560504 (24 hours). Please note that we do not accept AMEX or
Diner’s Club Cards.
• Post Office (cash or a debit card only) or at Pay Point Shops (cash only) using the bar
code as shown on this letter or on the PCN.
• By Post Please make your cheque or postal order payable to ‘London Borough of
Merton’, write your PCN number (MT02055981), vehicle registration and your address
on the back, then send it to the address above.
• Please note London Borough of Merton does not offer payment or instalment
plans for PCNs. Payment is made when it is received by the council and not from the
date written on a cheque or the date payment is posted. The council cannot be held
responsible for any payments that are delayed or lost by the Postal Services.

6338620760205598011

Yours sincerely,
Parking Services

Representation
I make formal representations against this PCN on the grounds that the contravention did not occur and that there has been a procedural impropriety.

1. The PCN was issued contrary to Regulation 5(2): statutory 10-minute grace period
I parked lawfully in a marked, designated parking bay on Worple Road at approximately 07:30. The PCN records the contravention time as 28/10/2025 at 08:31:23. The PCN was therefore issued within 10 minutes of the point at which the bay became restricted at 08:30.
Regulation 5 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 provides:
5.—(2) No penalty charge may be imposed 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.
My vehicle was stationary in a designated parking place and was left beyond the permitted period for less than 10 minutes. Regulation 5(2) therefore expressly prohibits the imposition of a penalty charge. In law, the contravention did not occur.

2. The council’s informal rejection misunderstands the legal issue
In rejecting my informal challenge, the council focused on the presence of yellow lines, kerb markings and signage, asserting that the PCN “can be issued immediately”.
That response does not address the legal point raised.
The issue is not whether restrictions exist, but whether a penalty charge may lawfully be imposed within the statutory 10-minute grace period when a vehicle is parked in a designated parking place.
Regulation 5(2) applies despite the existence of restrictions where the vehicle is in a designated parking place. The council’s assertion that signage allows immediate enforcement is therefore incorrect in law.

3. Failure to follow Merton’s own Enforcement Policy (procedural impropriety)
Merton Council’s Parking Enforcement Policy (July 2025) confirms the statutory position. Page 11 states:
“If a vehicle is parked legally on a designated parking bay when it is initially parked, we will apply a 10 minute grace period before issuing a PCN from the moment it becomes parked illegally.”
The policy further states:
“A 10 minute grace period will not apply to a vehicle parked outside the hours of control on a single yellow line (and not in a designated parking place) when controls commence.”
This exclusion does not apply in this case. My vehicle was parked in a clearly marked, designated parking bay (a designated parking place), as shown in the CEO photographs. It was therefore not parked on a single yellow line “and not in a designated parking place”.
By issuing the PCN within the 10-minute grace period, the council acted contrary to its own published policy. A failure to follow a published enforcement policy constitutes a procedural impropriety.

4. Conclusion
The PCN was issued within the statutory 10-minute grace period applicable to designated parking places, contrary to Regulation 5(2) of the 2022 Regulations and contrary to the council’s own Enforcement Policy.
Accordingly:
* the contravention did not occur; and
* the PCN was issued following a procedural impropriety.
The PCN must therefore be cancelled.
If the council does not agree, please provide:
* the CEO’s contemporaneous notes and observation records; and
* the Traffic Regulation Order or signed map schedule confirming the legal status of the bay and the operative times of the restrictions relied upon.

Thank you for writing to us.
I have investigated the circumstances raised in your correspondence and have made the
decision to not cancel your notice. The reasons for my decision are outlined below, along
with the options available to you at this stage.

The Penalty Charge Notice (PCN) was issued to you because your vehicle was seen
stopped in a restricted street where waiting and loading/unloading is not permitted during
prescribed hours. At the location, there are yellow stripes on the kerb and white 'No loading'
signs. The kerb stripes mean you are not allowed to park; even to load or unload. A double
kerb stripe means the rule applies 24 hours a day, and a single kerb stripe means the rule
applies some of the time (the sign shows the times).

You have stated that you parked and, therefore, felt it was permitted for you to park.
I would point out to you that the ‘no loading’ and ‘no waiting’ signs give the same hours of
restriction. Both of these signs can be found in the Highway Code, and their meaning and
relevance should be learned whilst motorists are learning to drive. They can be found at the
location clearly stating that no waiting or loading is permitted during the restricted hours,
which are from Monday to Saturday, 8:30 AM to 9:30 AM. The sign referring to the pay and
display regulations gives the hours during which a pay and display ticket must be purchased.
However, at the location where you parked, there is a clear sign that explains that parking is
only allowed from Monday to Saturday, between the times of 9:30 AM to 6:30 PM and on
Sunday from 10:00 AM to 4:00 PM.

Furthermore, our record shows that your vehicle was observed when "no loading" and "no
waiting" restrictions were in place; therefore, your vehicle was parked in contravention of the
rules.

Whilst I note your comment, I must advise that there is no observation time required for this
contravention. If you park where you are not allowed to, CEOs can give PCNs straight away;
they do not have to wait. Drivers do not have the right to park for just a few minutes. Where
loading or unloading is allowed, CEOs check for any loading or unloading before giving
PCNs.

Please note that it remains the motorist`s responsibility to adhere to the Highway Code, as
well as any signs and lines that may be present, to ensure that their vehicle is parked legally
before leaving it unattended.

So, whilst I note that it was not your intention to park in contravention of the restrictions that
are in force, I am satisfied that the notice has been correctly issued and that there are no
grounds on which to cancel the charge.

The full fine of £160.00 is now due. To date, you have paid £0.00; the balance of
£160.00 is outstanding. You can pay £160.00 within the period of 28 days beginning
with the date of service of this Notice of Rejection.