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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
golzii07
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
PASTMYBEST
As is usual post council pics , PCn and your challenge and the NTO = a GSV of the location
DancingDad
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
Jo Carn
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.
Mad Mick V
OP---hope you kept the voucher. I would visit the Council's website and see if the CEO took photos of said voucher.

Mick
golzii07
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
Mad Mick V
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
DancingDad
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
hcandersen
And the PCN, both sides, and the challenge, including date.


OP, you're getting to far too fast, post the basics. Here's the PCN, here's my challenge, including date sent, and here's the NTO, and here are the council's photos.. and then we can worry about the intricacies of the SoS's guidance and regulations. mellow.gif
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