47 Stopped on a restricted bus stop or stand - Derby City Council Options

[hhn88]

Please see here https://imgur.com/a/mRMnLhs for copy of PCN, which was laid on the doormat after returning from holiday.

After playing a bit of spot the error, I noticed the discount period mentioned in part 70 of the PCN is set at 14 days.

I've searched and this has been mentioned a few times, but either not picked up on as conflicting with the regulations or the threads have died.

Now, I thought the legal framework for residential parking was complex, but for civil traffic offences it is something else.

As far as I can tell, the applicable regulations are those that relate to parking offences, i.e. schedule 7, para 4(2)(ha)(ii) TMA 2004, and not bus lanes.

So, the procedure should be that of regulation 10 CEPC (England) General Regs 2007. Nothing was affixed to the vehicle (nor is it permitted to as I understand it, but we digress), just the PCN by post so it's a reg 10(1)(a) postal PCN. Para 2 of the Schedule to that regulation sets out what the contents of a reg 10(1)(a) PCN should be, including a sub-para (e) which in effect says a discount period should be mentioned. The discount period is defined at para 3:

In paragraph 2 for the purposes of subparagraph (e) the “applicable date” is—

(a)in the case of a penalty charge notice served by virtue of regulation 10(1)(a) (on the basis of a record produced by an approved device), the last day of the period of 21 days beginning with the date on which the notice was served;

(b)in any other case, the last day of the period of 14 days beginning with that date.

Am I missing something obvious? I'm quite happy to do a single point appeal.

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[PASTMYBEST]

No you are spot on so there is a PI

[cp8759]

That's quite amusing because their bus lane PCNs have the opposite error, i.e. they should say 14 days but they say 21 instead.