3. PCN does 10 minute grace period apply?
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Claireb5

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PCN does 10 minute grace period apply?
« on: December 12, 2024, 08:40:12 am »
https://imgur.com/a/KIsykSL

Photo link above.

Hello

I received a PCN for contravention 01 parked in a restricted street during prescribed hours  from Manchester City Council after returning to my car a few minutes late. I had parked legally on yellow lines using my blue badge as there wasn’t a bay free. I had set the clock to 19:45 and was observed by the parking officer from 22:46 to 22:48 (first photo taken at 22:45 and last taken at 22:50). As the blue badge clock isn’t a precise clock I feel that it’s not proportionate to disregard the 10 minute grace period. I found a reliable source online that says the 10 minute grace period does apply to yellow lines if using a blue badge therefore 3 hours parking plus 10 minutes.

Kind regards

Ellen
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stamfordman

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Re: PCN does 10 minute grace period apply?
« Reply #1 on: December 12, 2024, 11:14:34 am »
What is this 'reliable source online' you found?

There is no 10 min grace on yellow lines for BB holders as it's not a permitted parking place. Instead the BB gives an exemption. This is why the code 'Parked for longer than permitted' is not applicable.

Rather harsh to issue just a few mins after 22:45 - when did you get back to the car and was there any difficulty in doing so?
« Last Edit: December 12, 2024, 11:18:24 am by stamfordman »
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Claireb5

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Re: PCN does 10 minute grace period apply?
« Reply #2 on: December 12, 2024, 01:22:37 pm »
Oh it was NIdirect.gov.uk so Northern Ireland rules - my mistake. I returned only a few minutes after this. Haven’t seen traffic wardens out so late before in my area. So definitely no appeal, even though it’s a bit harsh?
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stamfordman

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Re: PCN does 10 minute grace period apply?
« Reply #3 on: December 12, 2024, 01:31:42 pm »
That's interesting that NI applies the grace. I don't think England/Wales or Scotland does - others may know.

If not you can make a polite plea for discretion on the timing - and maybe you set the clock slightly early...
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H C Andersen

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Re: PCN does 10 minute grace period apply?
« Reply #4 on: December 12, 2024, 03:14:06 pm »
The contravention occurred in Manchester therefore IMO England rules and guidance apply.

The time on the clock does not necessarily indicate the time at which the vehicle was left.

From the BB Rights etc. Booklet:
If you need to use a parking clock, you must display it on the vehicle’s dashboard or facia panel, so that the time can be seen clearly through the front windscreen. The clock should be set to show the quarter hour period during which you arrived. If there is no dashboard or facia panel in your vehicle, you must still display the clock in a place where it can be clearly read from outside the vehicle.

Your options were therefore to show 19.45 or 20.00 hrs.

Contravention time: 22.49

I can't see the authority rejecting simple reps based on the above i.e. I parked between 19.45 and 20.00. The BB rules require that the clock is set 'to show the quarter-hour period during which the driver arrived' and as I arrived before 8pm I couldn't properly set the clock for that time as this would give me more than 3 hours' actual parking time. I therefore set it for 7.45pm which was before I parked. The PCN gives a time of contravention of 22.49, presumably because the CEO thought that BB clocks show the actual time of parking which, as I have explained, they do not therefore the PCN was issued in error and must be cancelled. I would also suggest that this and perhaps other CEOs are reminded of a BB holder's obligations as regards the parking clock in order to avoid similar errors occurring. For information, I have attached a link to the government website which deals with Blue Badges.

https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england#when-you-need-to-use-a-parking-clock
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Claireb5

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Re: PCN does 10 minute grace period apply?
« Reply #5 on: December 12, 2024, 07:10:23 pm »
Thank you so much. I will appeal stating what you have told me above.
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stamfordman

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Re: PCN does 10 minute grace period apply?
« Reply #6 on: December 12, 2024, 11:28:15 pm »
Effectively this give BB holders a 15 minute grace period...

Best to post a draft here first.

Bear in mind you don't know for sure it's the clock that got you the contravention but highly likely.

I would start it off:

I am challenging the PCN as I was using the Blue Badge exemption to the contravention and displayed the Blue Badge and parking clock correctly.

I am assuming your CEO thought I had very briefly overstayed the 3 hour limit by observing the parking clock set at 19:45 but would remind the council that Blue Badge holders are obliged to set the clock at the beginning of the 15 minute interval at which one parks. Therefore no PCN can be issued without taking the 15 minutes into account as additional to the 3 hour limit. 

etc. on BB usage ref.



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Claireb5

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Re: PCN does 10 minute grace period apply?
« Reply #7 on: December 13, 2024, 01:10:26 pm »
Thank you very much. This is the draft that I was going to send:

I am challenging the PCN as I was using the Blue Badge exemption to to park on yellow lines and had displayed the Blue Badge and parking clock correctly.

I am assuming your CEO thought I had very briefly overstayed the 3 hour limit by observing the parking clock set at 19:45. The parking clock is not a precise clock, it is set in 15 minute intervals.

I parked between 19.45 and 20.00. The Blue Badge rules require that the clock is set 'to show the quarter-hour period during which the driver arrived' and as I arrived before 8pm I couldn't set the clock for that time as this would give me more than 3 hours' actual parking time. I therefore set it for 7.45pm which was before I parked. The PCN gives a time of contravention of 22.49, presumably because the CEO thought that Blue Badge clocks show the actual time of parking which, as I have explained, they do not. Therefore the PCN was issued in error and must be cancelled. I would also suggest that this and perhaps other CEOs are reminded of a BB holder's obligations as regards the parking clock in order to avoid similar errors occurring. For information, I have attached a link to the government website which deals with Blue Badges.

https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england#when-you-need-to-use-a-parking-clock
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