Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: master_yaser on June 16, 2026, 03:45:52 pm
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Thank you.
You mentioned that you’ve had mixed success with similar cases. Were those Tribunal cases involving the same issue of a vehicle being lawfully parked before a restriction commenced?
If you happen to know of any relevant Tribunal decisions or case references, I would be very interested to read them.
Many thanks.
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Thank you, that’s very helpful.
Yes, I am the registered keeper and my DVLA details are current and up to date.
I appreciate your input.
Thank you.
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To add a bit more...
We've had mixed success with this but our reading of the law is that provided you were in a designated parking place the 10 mins does apply.
But at 15:11 that means you were over 10 mins as 15:10 and zero secs is 10 mins but as they don't take seconds into account you have in effect until just before the end of the 11th minute. At 15:11 you are starting the 12th min.
Is my reading.
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https://www.legislation.gov.uk/uksi/2015/561/made
2.—(1) The Civil Enforcement of Parking Contraventions (England) General Regulations 2007(2) are amended as follows.
(2) In regulation 4 (imposition of penalty charges)—
(a)re-number the existing provision as (1);
(b)at the end insert—
“(2) Paragraph (3) applies in relation to a contravention mentioned in subparagraph (a) to (c) of paragraph (1) where a vehicle is stationary in a designated parking place and the vehicle has been left beyond the permitted parking period.
(3) No penalty charge is payable for the contravention where the vehicle has been left beyond the permitted parking period for a period not exceeding 10 minutes.
(4) In this regulation—
(a)“designated parking place” means a parking place established by virtue of an order made under section 1, 6, 9, 32(1)(b), 35 or 45 of the Road Traffic Regulation Act 1984(3);
(b)“permitted parking period” means—
(i)a period of parking that has been paid for as authorised by or under any order made relating to the designated parking place; or
(ii)a period of parking for which no charge is payable as authorised by or under any order made relating to the designated parking place.”
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From the Regs:
) 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.
You were in a 'designated parking place' and immediately prior to 3pm you were in a 'permitted parking period'. This ended at 3pm and you left the vehicle in situ for a period which exceeded 10 minutes and the CEO issued the PCN lawfully IMO.
Based on what we know, I know of no possible grounds for risking £80.
Are you the registered keeper with current DVLA details?
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Thank you.
Just so I understand your view correctly, are you saying that the 10-minute grace period would apply because the vehicle was lawfully parked before the restriction commenced at 15:00, but that the PCN is still valid because it was issued at 15:11?
In your experience, do you think this is worth pursuing to the Tribunal, or would the chances of success be quite limited?
Many thanks.
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The CEO did give you the full 10 minutes i.e. time of contravention 15.11 i.e. 11 minutes into the restricted period.
The person responding to your reps made a mess of their reply..nothing new there. But IMO it won't help you.
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Hello,
I would appreciate some advice regarding an Ealing Council PCN.
The vehicle was parked lawfully before 15:00 in a residents/shared use bay.
The bay is unrestricted outside controlled hours and permit holders only between 3pm and 4pm.
The restriction commenced at 15:00.
CEO observation time is recorded as 15:08 to 15:11.
PCN was issued at 15:11 for contravention code 12R.
My challenge was rejected. Ealing’s response states that because I was parked without a permit, the statutory 10-minute grace period does not apply.
However, my argument is that the vehicle was lawfully parked before the restriction came into force at 15:00.
Does the statutory 10-minute grace period apply in these circumstances, and are there any London Tribunals decisions dealing with a similar scenario?
I have attached the PCN, council rejection letter and photos.
https://ibb.co/cKwvM22J
https://ibb.co/DPfdXScH
https://ibb.co/SXq51FR1
Best regards,
Yac