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Civil penalty charge notices (Councils, TFL and so on) / Re: Stirling City Council (Scotland) Contravention 06 (parked without clearly displaying permit)
« on: June 18, 2025, 11:24:37 am »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 ?
Thanks — that’s exactly what I am wondering. Yes, my temporary permit had expired, but I was just waiting on the final piece of admin (the V5) before the council could issue the full permit. I’d already paid in full, so as far as I’m concerned, I was entitled to the service. Basically, my permanent permit has now been issued with an expiry date of the end of April 2026 — which is one year (and two weeks) from the date I originally paid for it. However, it was only officially issued on 16 June 2025. So it looks like the "clock" on the permit started from the date of payment in April, not from the date it was actually issued in June.
In any sensible system, this would be seen as a misunderstanding — not an attempt to break the law or abuse the rules. There was no loss to the council, no misuse, no fraud — just a small paperwork delay. Rejecting my appeal feels heavy-handed and unfair.
I’m not totally sure how this plays under Scottish law, but I’d be really interested if anyone knows whether common law principles (like fairness or proportionality) apply here. I’m willing to take it to a formal appeal or the Scottish Parking Appeals Service if there’s a decent chance of success.