Author Topic: "Max stay 4 hours. No return within 1 hour" - does vehicle need to be moved between end and start restricted hours?  (Read 153 times)

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ticketed_off

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Evening all,

I've a "pay and display"/shared use bay near me (this actually features in my other thread, but that isn't really material here) with a pay and display option between 0800-1830 with a max stay of 4 hours and "no return within 1 hour".

If a person parks at 1630hrs they are able to select and pay for parking up to 1200 the next day, presumably this is on the basis that they have 2hrs on one day, and then a fresh 4 hour period the next after the commencement of the next day's restricted period. 

My question is, how are these bays typically interpreted. Would a CEO have reason to issue a PCN if a vehicle had not moved during this period, because the "no return" provision is unaffected by the intervening 13.5 unrestricted hours, i.e. would they say the vehicle would still need to physically have moved between the restricted paid periods in one day and in the next? Or would the common sense option apply i.e. that 1 hour period only applies within restricted hours?

Obviously if the council were willing to sell parking in the manner stated then I suspect this would be a slam dunk at adjudication but this is a local authority that tows by default - so would be keen to understand how this is usually treated.

Thanks in advance!
« Last Edit: April 17, 2024, 07:47:02 pm by ticketed_off »

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cp8759

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@ticketed_off to be on safe ground I'd suggest looking at the traffic order for the bay. If you let me know where this is I can check if I have it already.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order