Author Topic: What is the legal/enforceable timing for the 10 minute grace period-10th minute or 11th minute?  (Read 23818 times)

0 Members and 19 Guests are viewing this topic.

Hi All, hoping you can help.

I received a PCN (image below) for parking as per the topic.
Parking at this car park starts at 08:00, I 'purchased' a free 30 minute ticket at 00:36 (as the ticket does not start until 08:00, so expiry on ticket is 08:30).
The PCN states "Observed From 08:36 to 08:40" and the issuing time of the ticket was "Time: 08:40"


Based on my query and the answers in this thread in the Fire Pit (https://www.ftla.uk/the-flame-pit/what-is-the-legalenforceable-timing-for-the-10-minute-grace-period-10th-minute-o/) I challenged the PCN on the basis that it was issued 1 minute too early but it was rejected (second & third images below).


Just wondered if this is worth pursuing with a formal challenge etc.?


Thank you all!


PCN:




Challenge Rejection:




That's one of the most ridiculous things we've seen - that time to print and serve is an extra minute....

You are right - the PCN could not have been issued until its time stated 08:41.

We had a recent discussion revisiting this.

https://www.ftla.uk/the-flame-pit/what-is-the-legalenforceable-timing-for-the-10-minute-grace-period-10th-minute-o/

Are you the keeper and is the logbook up to date with correct address. 

Thanks @stamfordman. (It was me that started the thread you linked, it seemed split as to which was right - 08:40 or 08:41, so I put the challenge in)

Yes I am the keeper and the logbook is up to date.

Surely this is quite simple.
If a paid for ticket runs until 08:30.  This means it is valid until 08:30:59.  As this is still 08:30.  Therefore the 10 minutes can only start at 08:31:00.  Which in turn means it will run until 08:40:59 and the 10 minutes will be up at 08:41:00.  Therefore this is the earliest a ticket can be given.

Yes I thought so too but it has sparked some debate as you can see from the posts.
I posted my PCN based on responses here:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tonbridge-code-82-parked-after-expiry-of-paid-for-time-kinnings-row-car-park/

That's one of the most ridiculous things we've seen - that time to print and serve is an extra minute....

You are right - the PCN could not have been issued until its time stated 08:41.

We had a recent discussion revisiting this.

https://www.ftla.uk/the-flame-pit/what-is-the-legalenforceable-timing-for-the-10-minute-grace-period-10th-minute-o/

Are you the keeper and is the logbook up to date with correct address.

Hey @stamfordman, thanks so much for your reply, as today is the last day I can pay the reduced amount (£25 vs. £50), I just wanted to check what your thoughts were regarding this? If you think the 1 minute difference is a clear win at official appeal I'll wait, but if not I'll just pay the £25 and chalk it up to experience.
Thank you!

Their reply is ignorant.

The law:

..
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.


But they did impose a penalty as at the time of the contravention.

No-one cares a hoot about time taken to serve the PCN.

IMO, carry on.


Yes wait for the NTO - are you the keeper and is the logbook address up to date.

They have more or less conceded anyway with the silly rejection.

Their reply is ignorant.

The law:

..
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.


But they did impose a penalty as at the time of the contravention.

No-one cares a hoot about time taken to serve the PCN.

IMO, carry on.

Yes wait for the NTO - are you the keeper and is the logbook address up to date.

They have more or less conceded anyway with the silly rejection.

Thanks @tincombe & @stamfordman - I appreciate your help. I will wait for the NTO and pop back when received.  Yes I am the keeper and the log book is up to date.