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FightBack Forums _ Council Parking Tickets & Clamping and Decriminalised Notices _ PCN for parking 3 mins over time expired on visitor parking permit

Posted by: golzii07 Fri, 12 Jan 2018 - 21:10
Post #1346617

Hi
I received a parking ticket for parking in a resident's bay with a valid visitor's permit 3 minutes after the time had expired. Can I challenge this using the 10 minute grace period or is this only used for paid parking?

I did send an informal challenge via email which they never responded to and now they have sent me a Notice to Owner asking for the full payment which I think is incredibly unfair.

Is the council allowed to do this?

Thanks

Posted by: PASTMYBEST Fri, 12 Jan 2018 - 21:14
Post #1346618

As is usual post council pics , PCn and your challenge and the NTO = a GSV of the location

Posted by: DancingDad Fri, 12 Jan 2018 - 21:37
Post #1346625

QUOTE (golzii07 @ Fri, 12 Jan 2018 - 21:10) *
......... Can I challenge this using the 10 minute grace period .........


Yes
As long as lawfully parked in a designated parking place, 10 minute grace period applies.

But post up what you have and any council photos so we can check

Posted by: Jo Carn Mon, 15 Jan 2018 - 10:13
Post #1347176

This is the quote you might want to use:

TMA 2004: The Secretary of State’s Statutory Guidance to the Local Authorities on the Civil Enforcement of Parking Contraventions 2015. Section 8.11 states:
The law requires that a penalty charge must not be issued to a vehicle which has stayed parked in a parking place on a road or in a local authority's car park beyond the permitted parking period for a period of time not exceeding 10 minutes. The grace period applies to on-street and off-street parking places provided under traffic orders, whether the period of parking is paid for or free. Any penalty charge during the 10-minute grace period would be illegal, unless the vehicle itself is parked unlawfully.

Posted by: Mad Mick V Mon, 15 Jan 2018 - 10:46
Post #1347183

OP---hope you kept the voucher. I would visit the Council's website and see if the CEO took photos of said voucher.

Mick

Posted by: golzii07 Tue, 16 Jan 2018 - 19:40
Post #1347736

Hi Guys
Thanks very much for responding - I will definitely use the TMA 2004. Here are the photos just in case I am mistaken

Just to recap I parked in a residential bay with a correctly filled out Visitors parking permit that was 3 minutes expired and was given a parking ticket (19) Parked in a residents' or shared use parking place or zone either displaying an invalid permit or voucher or pay and display ticket, or after the expiry of paid for time.

Thanks again


 

Posted by: Mad Mick V Tue, 16 Jan 2018 - 19:59
Post #1347745

Whoa whoa --let's get this issue nailed before you send in anything.

What are the terms of the permit? So many hours? No return? I notice that there are two entries for 13/11--has that caused a problem?

If it is a 3 minute overstay you are home and dry but a Code 19 the contravention can be read in several different ways.

Mick

Posted by: DancingDad Tue, 16 Jan 2018 - 21:14
Post #1347781

I think we have seen those permits before.
Valid by the hour and you fill in for each hour.
But Op needs to confirm.
Are the terms on the back, if so we need to see them please

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