Free Traffic Legal Advice

I don't know about the legal side of it but once the clock hits 08:40, 10 full minutes have elapsed from 08:30 so at 08:40, you are starting minute 11.

If you don't have a current PCN, should this not be in the Flame Pit?

In any event, this applies: https://www.legislation.gov.uk/uksi/2022/71/regulation/5

The end of a 'permitted parking period' may be indicated either by the display of a ticket, whether P&D or voucher or whatever, or virtually.

How this expiry time is shown is IMO the end of the permitted parking period.

If, say, this is 09.30 am then as the regs provide that 'no penalty charge may be imposed under paragraph (1) in relation to a parking contravention where—

(a)the vehicle is stationary in a designated parking place and is left beyond the permitted parking period, and

(b)the period for which it is left beyond the permitted parking period does not exceed 10 minutes.'

then IMO the embargoed period is the expiry time, however expressed, plus a full 10 minutes e.g. an expiry time of 9.30 would prevent a PCN from being served until 9.41.

Given that parking PCNs are only issued at minute intervals the grace period can only expire when it is certain that a full 10 minutes has elapsed so that means 08:41 in this case.

But 10 full minutes have elapsed when the clock hits 08:40.
Starting at 08:00, one full minute has elapsed at 08:01,
                   two full minutes have elapsed at 08:02


up until 08:10 when ten minutes have elapsed and minute 11 begins.

It's no different to your age. On your 10th birthday, you have been around for 10 full years and are beginning year 11 of your life.

What's the contravention? That'll determine whether 10 minutes is due.

10 minutes grace isn't related to observation though. It's the amount of leeway you have after your time runs out. Say you had a P&D or pay by phone, you have 10 minutes for unforeseen circumstances such as appointments overrunning or the like. But to be sure it's 10 full minutes you have to do 11. That's not actually written down, it's just practical.

Observation just needs to be 5 mins. In practice 6 mins because if you time from say 10:00 to to 10:05 you may have timed from 10:00:50 to 10:05:10 and given less than 5 mins. But there is no statutory requirement of observation time, just that it's applied according to rules.

If ticket expired 08.30 then the 10 minute grace period would be until 08.40 so the CEO could issue a pcn at 08.40 and 1 second, but most CEOs would wait until 08.41 .
My council who I worked for gave instructions to give the extra minute but legally we didn’t have to , but when I was doing the job it was only 5 minutes grace period not 10.

Hi all.
I wanted to say thank you so far to everyone who has responded!
I thought this would be a simple answer as there must have been others who have asked this or challenged it previously, but based on the responses it seems it is not that straightforward.

@Dave Green - This made sense to me too, however, if you go by what @stamfordman says, then 08:31 would be the earliest a ticket could be issued in absence of a grace period, so if you add 10 minutes to this it would follow 08:41 would be the earliest a ticket could be given(?)

@MrChips - That would be great and probably the most definitive answer, let me/us know if you found a case

@tincombe - Apologies, I posted in this forum as it seemed the most relevant based on the forum descriptions, but if any mods feel it should be elsewhere please move this thread.

@stamfordman - This made sense to me too, but @Dave Green and @sx4 make valid points - if you purchase say 30mins of parking at exactly 08:00;00 then it expires at exactly 08:30:00, thus at 08:30:01 a valid PCN could be issued as 30 full minutes have passed, so it follows that with a 10 minute grace period, at 08:40:01 a PCN could be issued?

You mentioned that PCNs are issued at minute intervals, I wondered how this affects the situation, if at all.

This is why I asked the question as to how this is seen from a legal/challenge/appeal perspective.

Agreed.

This is the wording in the "EXPLANATORY MEMORANDUM TO THE CIVIL ENFORCEMENT OF PARKING CONTRAVENTIONS (ENGLAND) GENERAL (AMENDMENT) REGULATIONS 2015"

https://www.legislation.gov.uk/uksi/2015/561/pdfs/uksiem_20150561_en.pdf

The 10 minute ‘grace period’, would apply to on-street and off-street permitted parking, whether paid-for or free of charge. If a motorist overstays the permitted parking period a penalty charge will only be payable for the contravention 10 minutes after the permitted period has come to an end. Therefore a penalty charge notice can only be imposed after the 10 minute grace period has passed.

My reading of this is if the paid for parking ends at 08:30, a penalty charge notice could not be given at 08:40 as the 10 minute grace period had not actually passed (you were still within it). The CEO would have to wait until 08:41.