Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: slomo on October 10, 2024, 02:23:03 pm

Title: Re: *NTO* Hampshire, Code 16, parked in residents permit bay, Clockhouse Road, Farnborough
Post by: stamfordman on January 10, 2025, 04:59:33 pm
That was long-winded but adjudicator Coombe got there in the end.
Title: Re: *NTO* Hampshire, Code 16, parked in residents permit bay, Clockhouse Road, Farnborough
Post by: cp8759 on January 10, 2025, 04:17:38 pm
Outcome (https://drive.google.com/file/d/11nOYQC_kkeoqnNicojUb71v8yKd5ewUV/view).
Title: Re: *NTO* Hampshire, Code 16, parked in residents permit bay, Clockhouse Road, Farnborough
Post by: stamfordman on October 19, 2024, 05:12:00 pm
It's pointless paying as they are not offering the discount so register the appeal with the tribunal and opt for a telephone hearing.

The drivel being a total disregard of the legal grounds of your representation and the introduction of irrelevancy.

I'll leave you in CP's safe hands.
Title: Re: *NTO* Hampshire, Code 16, parked in residents permit bay, Clockhouse Road, Farnborough
Post by: cp8759 on October 19, 2024, 01:29:57 pm
Well the rejection is a pile of drivel, and as the discount is not on offer it would make no sense to pay now. In fact the rejection is so bad that there might even be a chance of getting costs. Anyway, I'm going to PM you in case you'd like me to represent you.
Title: Re: *NTO* Hampshire, Code 16, parked in residents permit bay, Clockhouse Road, Farnborough
Post by: slomo on October 19, 2024, 01:20:39 pm
Hi @cp8759 and @stamfordman hope you are both well.

I have just received the following rejection having sent the online representation. As you can see Hampshire County Council rejected it on the grounds of providing a five minute grace period (not the ten minutes I alluded to in my appeal but did not overtly state).

Please take a look and let me know what the next steps are.  I still haven't seen any photographs of proof, but don't know if that is a ground to appeal.

https://imgur.com/a/VTHTJ8F (https://imgur.com/a/VTHTJ8F)

(https://imgur.com/a/VTHTJ8F)

Many thanks for all your help so far.

SloMo



Title: Re: *NTO* Hampshire, Code 16, parked in residents permit bay, Clockhouse Road, Farnborough
Post by: slomo on October 11, 2024, 08:31:10 am
That’s done now. Will see what they come back with.  Thanks for the speedy help @cp8759 and @stamfordman
Title: Re: *NTO* Hampshire, Code 16, parked in residents permit bay, Clockhouse Road, Farnborough
Post by: cp8759 on October 10, 2024, 10:32:33 pm
@slomo here's a draft:

Dear Hampshire Council,

The penalty demanded exceeds the amount due in the circumstances of the case. This is because I parked my car prior to 10 am, the restriction came into force at 10 am, and by virture of regulation 5 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 the only penalty due at 10:09 am was zero.

Yours faithfully,


Send this online and take a screenshot of the confirmation page.
Title: Re: *NTO* Hampshire, Code 16, parked in residents permit bay, Clockhouse Road, Farnborough
Post by: slomo on October 10, 2024, 05:58:07 pm
Thanks. When making representations on which specified grounds should I choose for this grace period?
Title: Re: *NTO* Hampshire, Code 16, parked in residents permit bay, Clockhouse Road, Farnborough
Post by: slomo on October 10, 2024, 05:24:25 pm
I’m not sure what a GSV is, but I do have a google maps location. It was the first bay on Clockhouse road on the left hand side facing Elm Grove Road

https://maps.app.goo.gl/GzFGF6gwZmwAPgLcA?g_st=im 

https://maps.app.goo.gl/3VnJwYub2kfQ58K18?g_st=com.google.maps.preview.copy

Thanks
Title: Re: *NTO* Hampshire, Code 16, parked in residents permit bay, Clockhouse Road, Farnborough
Post by: H C Andersen on October 10, 2024, 03:48:48 pm
Pl post a GSV of where you were parked.
Title: Re: *NTO* Hampshire, Code 16, parked in residents permit bay, Clockhouse Road, Farnborough
Post by: stamfordman on October 10, 2024, 03:19:15 pm
The 10 minute grace period applies and by issuing at 10:09 the PCN cannot stand.

This looks clear from the statutory guidance - you were in a designated parking place and that it was free before 10am means the grace still applies.

At least that's my reading. The guidance is though ambiguous as it says 'unless the vehicle itself is parked unlawfully' which you were after 10am but you were legally parked before so I say 10 mins applies. We have lost cases on this where yellow lines are concerned but this is a 24 hour parking bay.

-------

Grace periods

Parking policy should be designed to enable people to access the community and carry on their business as easily as possible.

Whilst it is important to undertake enforcement, to prevent abuse of parking facilities to the detriment of the majority, enforcement should be sensitive, fair and proportionate. This would not be the case if a driver received a PCN for returning to their vehicle only moments after the expiry of a period of permitted parking.

Therefore, the law requires that a penalty charge must [footnote 20] not be issued to a vehicle which has stayed parked in a parking place on a road or in a local authority’s car park beyond the permitted parking period for a period not exceeding 10 minutes.

The grace period applies to on-street and off-street parking places provided under traffic orders, whether the period of parking is paid for or free.

Any penalty charge during the 10-minute grace period would be illegal unless the vehicle itself is parked unlawfully (for example, where the motorist has not paid any required parking fee or displayed a parking ticket where required).

It is important that all CEOs understand that grace periods only apply to designated parking places where a person is permitted to park. A road with a restriction (for example, single yellow line) or prohibition (such as a double yellow line) is not a ‘designated’ parking place either during - or outside of - the period of the restriction or prohibition.
Title: *NTO* Hampshire, Code 16, parked in residents permit bay, Clockhouse Road, Farnborough
Post by: slomo on October 10, 2024, 02:23:03 pm
Hi @cp8759 hope you can help,

I received a PCN which I appealed, unsuccessfully from Hampshire council and I now have a NTO with today being the 14th day since posted.

I parked in a residents only bay with restricted hours of 10am-11am and 1pm-2pm. The notice was issued I believe by traffic enforcers on mopeds/scooters as I was only a few minutes out of the window and could not find them at all.

There does not appear to be any photographic evidence supplied by the CEO, so does that give me grounds to challenge? I did not mention it on my informal challenge before.

Many thanks for your help,
SloMo

See below my unsuccessful appeal and photos to follow:

Appeal Against Penalty Charge Notice PV11409530

Dear Hampshire County Council,

I am writing to challenge the Penalty Charge Notice (PCN), which was issued to my vehicle on 26 July 2024 for being parked in a residents' bay during restricted hours.

I acknowledge the importance of adhering to parking restrictions; however, I believe there are mitigating circumstances that warrant the cancellation of this PCN:

1. Minimal Overstay and No Obstruction: The PCN was issued because my vehicle was parked in a residents' bay for 9 minutes after the restriction began at 10:00 am. I wish to emphasise that this was a very brief overstay, during which my vehicle did not obstruct any other vehicles, pedestrians, or impede the flow of traffic. No residents were inconvenienced by this short period of time.

2. Human Error and Attempt to Comply: On the day in question, I was fully aware of the parking restriction beginning at 10:00 am and made every effort to move my vehicle before this time. Unfortunately, due to unforeseen circumstances beyond my control, (where I had to clear a road obstruction: a broken down shuttle bus in the train station car park where I was visiting for work as a steward for Farnborough International Airshow), I was delayed by a mere few minutes.  I acted promptly upon realising the time and moved the vehicle as soon as possible. This was a genuine human error with no intention to disregard the parking rules.

3. First-Time Offence: I have always endeavoured to follow parking regulations, and this is the first instance where I have unintentionally breached the rules in your county.  As a law-abiding citizen, I take parking regulations seriously.  I would greatly appreciate it if this could be taken into account when considering my appeal.

Given these circumstances, I respectfully request that you exercise discretion and consider canceling this PCN.  I sincerely apologise for the brief overstay and assure you that it was an isolated incident that will not recur.

Thank you for your consideration of this appeal in advance and I look forward to your favourable response.

Yours sincerely,

(https://imgur.com/a/vgRfN2E)

https://imgur.com/a/vgRfN2E