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Messages - Steve from Beverley

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1
This is my first draft
I think part1 is correct, maybe too much
Unsure about part2


Any further guidance appreciated

I am appealing on the following grounds

1. Code 30 contravention did not occur;
2. Procedural impropriety

1. Code 30 contravention did not occur

I hold a residents parking permit for the Beverley, East Riding of Yorkshire Council CPZ

When I purchased the permit I entered into a contract with the East Riding, the terms and conditions published by the Council formed part of the contract.
The ERYC terms and conditions clearly state

Resident Permits can only have one vehicle covered by them at any one time,  however you can change the vehicle details any time, and as often as you wish, by simply logging into your MiPermit account

Vehicle EY60NBG
Date PCN issued 18/03/2026

09.54 - CEO observed car parked without permit
10.02 - I logged into my MIPermit account and updated the details to cover EY60NBG
12.00 - I logged into my MIPermit account and removed EY60NBG
12.08 - the CEO observed car parked without permit, served a PCN.

The council accepts that the times the permit was changed are correct
I contend that the 118 minutes between 10.02 and 12.00 cannot contribute to a Code 30 contravention.
I further contend that when the permit was removed at 12.00 a further period of 2hrs free parking commenced
In addition when the permit was removed a 10 minute period of grace as laid down in law should have been allowed

The council's weird logic is that if during a period of discontinuous observation a vehicle is covered by a permit and then removed then the period parked under the free parking for 2 hours grounds commences when you first parked.

I feel the council is attempting to penalise me for a failing in their system. I am free to change the vehicle on the permit as frequently as I wish. The information relating to the change of vehicle is not communicated to the CEO

2. Procedural impropriety

The NOR is required to state your appeal rights.
The NOR I received doesn't. In as much as your timeframe for registering a statutory(as opposed to discretionary) appeal is concerned, this is misstated in their notice ('within 28 days of service' is incorrect), there is no reference to a discretionary appeal and neither does the notice advise you regarding costs which may be awarded against you or the authority subject to conditions.
The authority cannot finesse these errors by claiming that 'our website will explain this further' because the 'our' is not the council, it's the tribunal; they've lifted that part straight from the tribunal's publications. But a NOR must be self-contained

2
Thanks for the advice

Unfortunately I am away until the 24th

I am working on the appeal to the Traffic Tribunal

Will keep you informed

3
Apologises for the backgrounds

















Any advice appreciated

Steve :)

4
The formal appeal has  been rejected

I will post the rejection letter on here in the next couple of days

Is there a document available that gives advice on appealing to The Traffic Tribunal

Struggling a little bit as I'm on holiday past the deadline to submit  and posting from a tablet

Steve

5
Not sure that the CEO has sussed me out

The terms and conditions are quiet clear "Residents can change the VRM on the permit as often as they wish"



I think the issue is that the council system does not appear to able to cope with the change(s) and keep the CEO's electronic device informed of the changes

When I purchased a permit, I entered a contract, the terms and conditions form part of the contract

Steve

6
Apologies for the delay in responding

This is my umpteenth draft  >:(


I make representations on the grounds that the alleged contravention did not occur.

There are three reasons the contravention did not occur

1) The vehicle was subject to a valid permit until 12:00:40, when the permit was removed from the vehicle I was entitled to a 10 minute grace period.
a) The PCN was issued at 12:08, this is within the grace period
b) In the UK, a 10-minute statutory grace period applies to council-run bays. If your ticket or paid session expires, a traffic warden cannot legally issue a Penalty Charge Notice (PCN) until 10 minutes after expiry

2) I was entitled to a new period of parking (2 hours), from the moment the permit was removed from the vehicle at 12:00:40

3) Between 10:02:04 and 12:00:40 the vehicle was subject to a valid permit, this entitled me to park for as long as I wished

Referring to the TRO

The relevant articles are 36-39 (which set out how parking restrictions operate) and, to a lesser extent, 123-126 (which set out how virtual permits operate).
They basically state:
- you can't park for longer than the maximum period (article 36)
- but if you have a permit you can park for any period of time (article 39)
- unless you have a permit, you cannot park again in the same place (or within the same CPZ) for the "no return" period specified (articles 37 and 38).
- article 38 prevents "parking again" in a parking place within a controlled parking zone before the expiry of a specified period (one hour in my case)
- however, there is an explicit exemption to this restriction for permit holders.
- consequently, I was permitted to a new period of parking commencing from the point I switched off the permit, which allows up to 2 hours of parking from this point in time.


I look forward to your early confirmation of cancellation of this PCN

7
Many thanks for your comprehensive reply.

Your time taken in looking into the matter is greatly appreciated

I shall draft a reply and post it on here

Thanks

Steve

8
I have just found this document

East Riding of Yorkshire Council
Civil Parking Enforcement Procedures

It states that for a Code 30 the observation period is 5mins


https://drive.google.com/file/d/1-U5X2R2nboz8J5f7_1qBgKeggeNRlMa1/view?usp=drive_link

Steve

10
Hope the link works

Apparently to large to view, can only be downloaded



Traffic Regulation Order The East Riding of Yorkshire Council (On Street Parking Places)(Civil Enforcement) (Consolidation) Order 2021

https://drive.google.com/file/d/1WDRtiTr-PssazIux8oy0iblJdr70wi5l/view?usp=sharing


I could split the pdf into two or three parts if that would help

Thanks

Steve

12
Yes I have Google Drive

Adobe File size is 184 MB





Thanks

13
On Friday I managed to get through to the correct department via email
I was asked why I wanted the TRO, my reply was that I was expecting an NtO and advice I had taken indicated that I would not be able to write a Formal Challenge without a copy of the TRO

They said they would send me a copy by post, I asked if it could be emailed, the reply was it was too large????

Anyway Saturday morning the NtO and the TRO arrive, separate envelopes

The TRO is 78 pages (separate images), I can convert to a single pdf file, but where do I host it

Notice to owner






















Many Thanks
Steve

14
Many thanks for all the replies

I have attempted to contact the council, to request a copy of the TRO
The only number available to the general public is Customer Services
After spending 35 minutes on hold, 10 minutes explaining what I wanted and why. I get transferred to a telephone that immediately goes to an answer machine

The 10 minutes grace period is interesting and has given me food for thought

I will keep you informed

Steve

15


I have a valid resident permit for the CPZ zone

I have two vehicles and alternate the resident permit between the two vehicles, changing every two hours

VRN's EY60NBG and DG17OLC


From ERYC terms and conditions
Resident Permits can only have one vehicle covered by them at any one time, however you can change the vehicle details any time, and as often as you wish, by simply logging into your MiPermit account and clicking 'Manage Digital Permits'.

On 18/03/2026 at 12:08 a Civil Enforcement Officer (CEO) placed a Penalty Charge Notice (PCN) on Vehicle VRN EY60NBG.
Code 30, parked for longer than permitted.
The PCN states that the vehicle was observed from 09:54 to 12:08

An Informal Challenge was submitted to the ERYC,stating that between 10:02 and 12:00 the resident permit was transferred to VRN EY60NBG, therfore the vehicle was not parked for longer than permitted.

The informal challenge was rejected

The Rejection of Informal Challenge letter clearly shows this change of vehicle

In the past similar appeals have been upheld and the penalty dismissed, for some reason they have now decided not to allow the appeal

My defense is that the vehicle was not parked for longer than 2hrs without a valid permit covering the vehicle

I am now waiting for the Notice to Owner letter

Any advice appreciated

Steve











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