Free Traffic Legal Advice

Hi everyone,

This is my first post here, and I really appreciate any advice or thoughts you can offer.

I'm dealing with a frustrating and frankly unfair situation with my local council. A few months ago, I paid in full for a one-year residential parking permit. While waiting for my V5 document, the council issued me a temporary permit, which had a one-month expiry. Unfortunately, while still waiting on the V5, the temporary permit expired — and I came back one day to find a Penalty Charge Notice on my windscreen.

Even though I had already paid for the full permit and was entitled to park there, the council rejected my appeal on the grounds that I didn’t have a valid permit on display. Yes, the temp permit had technically expired — but this was clearly just an administrative delay. Why is the council behaving like a bully toward residents acting in good faith?

Why am I being punished the same as someone who didn’t pay for a permit at all? I wasn’t trying to dodge the rules. I paid, I was following the process, and it would’ve taken them 30 seconds to confirm that and cancel the fine. But no — appeal rejected. I’ve now been told to either pay £50 now or risk it going up to £100 if I go down the formal appeal route and lose, or up to 150£.

Has anyone dealt with something similar? Do I stand a chance if I formally challenge this — either directly with the council or through the Scottish Parking Appeals Service? £50 is a considerable money for me at the moment, and I genuinely feel this charge is unjust, specially after having paid 96£ for a full year permit.

Thanks again for reading — any guidance would be really appreciated. [ Guests cannot view attachments ] [ Guests cannot view attachments ]

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The contravention is for not having a pay session for the pay and display in this shared bay - I presume Scotland doesn't have a high/low contravention differential and also that penalties increased recently.

I assume the logbook arrived and you validated the permit - what date:

- did you apply for the V5C
- when did it arrive
- when did you upload to council
- when did thei issue you with the temp permit
- when did it expire

The basic question is this, which organisation caused the delay ? Reading your narrative, it seems that it was the DVLA delay that prevented Stirling council from issuing your permit, as the rules, (I assume) are that they must have sight of the V5 before issuing the permit.

Yes, you paid in full for your permit, but it had not been issued on the day you received the PCN. SO the next question is this, does the permit start when it is paid for, or when it is issued ? If the former, then it seems to me you have a good case to take to the scottish adjudicator. Your permit was effectively "in escrow" waiting for your bona fides in the form of the V5, and the council are behaving unfairly. It is a duty of public bodies to behave fairly although Scottish law may be a bit different. Does the Common Law apply in Scotland ?

Stirling Council recieve your payment of £98 without lawful authority when your temporary permit expired they should refund you in full or pro rata.

I cannot see if Notice to Owner has been issued because that would be the next step after the expiration of 28 days of Notice of Rejection after informal representation.

If formal rejection has been issused with information about appealing with Parking Tribunal with the Web code on the notice, etc

At most you would lose £100 if the Tribunal rejects you.

But I think Stirling Council might not even consist this.