Author Topic: What is the legal/enforceable timing for the 10 minute grace period-10th minute or 11th minute?  (Read 27965 times)

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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.

Hi all,
Unfortunately, due to various reasons, both family and medical, I completely missed the NTO and any other subsequent follow ups.
Have just got a Notice of Enforcement letter from CDER Group stating £86 debt and compliance stage fee of £79.

My question is simply, have I missed any opportunity to fight this now, and just have to pay the £165?

I really do appreciate all of your help and time, I feel completely stupid that it got this far :(

Depends what you mean by "completely missed". If you never received the notice to owner then you could attempt to submit an out of time statutory declaration.

Post CDER's Notice of Enforcement pl.

Quote
Unfortunately, due to various reasons, both family and medical, I completely missed the NTO and any other subsequent follow ups.
Please explain what 'missed' means - not received, or received but ignored ?

Hi @MrChips & @Incandescent - It's more like ignored than didn't receive. Unfortunately due to personal circumstances we did have a bunch of post that didn't get opened over the last few months and it's likely it's in that pile.

Post the Notice of Enforcement.

Hi @MrChips & @Incandescent - It's more like ignored than didn't receive. Unfortunately due to personal circumstances we did have a bunch of post that didn't get opened over the last few months and it's likely it's in that pile.

So you haven't actually had it for sure - you are assuming it's in a pile of post somewhere?  Not sure where the law stands on this - but if you do find it an open it and it likely arrived in time, then you wouldn't be eligible for an out of time application.  If you never opened it and can't find it, who's to say if it ever arrived or not?

NB you must not lie about this.  You can only legally file the application if you believe you did not receive it. I don't think this means you are obliged to assume you did receive it if you haven't actually seen it.
« Last Edit: September 04, 2026, 10:17:22 am by MrChips »