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Messages - master_yaser

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Civil penalty charge notices (Councils, TFL and so on) / Re: Ealing PCN - Vehicle lawfully parked before permit hours started - Grace period
« on: Today at 09:54:16 pm »
Thank you all for your comments.

One point I am still unclear about is the CEO observation period. The CEO began observation at 15:08, before the expiry of the 10-minute grace period.

I appreciate that the PCN itself was issued at 15:11, but does the fact that observation and evidence gathering began before the grace period had fully elapsed have any relevance in law or in Tribunal decisions?

Many thanks.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Ealing PCN - Vehicle lawfully parked before permit hours started - Grace period
« on: Today at 09:28:07 pm »
Thank you.

I note that there seem to be two different views in this thread. Some contributors appear to consider that the 10-minute grace period did apply, whereas your view is that it did not apply because the vehicle was no longer in a designated parking place once the permit-holder restriction came into force.

Are there any Tribunal decisions that specifically address this point?

Many thanks.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Ealing PCN - Vehicle lawfully parked before permit hours started - Grace period
« on: Today at 06:12:15 pm »
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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Civil penalty charge notices (Councils, TFL and so on) / Re: Ealing PCN - Vehicle lawfully parked before permit hours started - Grace period
« on: Today at 06:11:09 pm »
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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Civil penalty charge notices (Councils, TFL and so on) / Re: Ealing PCN - Vehicle lawfully parked before permit hours started - Grace period
« on: Today at 04:39:08 pm »
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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Civil penalty charge notices (Councils, TFL and so on) / Ealing PCN - Vehicle lawfully parked before permit hours started - Grace period
« on: Today at 03:45:52 pm »
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

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