Mon, 3 Jan 2011 - 17:25
Hi, I've received a PCN contravention code 16 from Edinburgh Council for a wrongly scratched visitors parking permit in a residents parking bay. I arrived at 14.00 so scratched off the 2 for the hour but overlooked that I also had to scratch off 0 minutes (twice over since used two permits, each gives 1.5 hours) - happy to admit that I made a mistake (too focused on working out day/date in that between Xmas and NY blur!) but it seems a bit over-zealous. PCN was issed at 14.10 so would seem reasonable to assume I had parked at 14.00 (which would have given me to 17.00).
I'm guessing I will probably have to chalk up to experience but feel a bit aggrieved at paying up when my intentions were honest. Am I wasting my time appealing?
Thanks for any advive
Mon, 3 Jan 2011 - 17:35
Appeal as "de minimus".
Mon, 3 Jan 2011 - 17:38
Mon, 3 Jan 2011 - 21:25
If you were ticketed at 14.10 you were clearly within the 1.5 hr limit.
Expect the council to reject the informal representation and even the NTO appeal but drop out of adjudication where you would be quite reasonably claiming costs for their vexatious behaviour.
Tue, 4 Jan 2011 - 12:14
And show us your PCN.
Wed, 5 Jan 2011 - 20:20
Thanks for the advice. The de minimis approcah sounds good.
Here's the PCN.
Envelope also had "scratched wrongly" handwritten along top in case this is of any relevance.
Wed, 5 Jan 2011 - 20:33
That is absolutely imbecile and definitely one to inform the council that you will be taking it to adjudication if not cancelled.
Wed, 5 Jan 2011 - 22:00
and they say they WILL send an NTO.
naughty, its a discretion and they must not fetter it like this.
this is bias and unreasonable.
You have a legitimate expectation as they are a statutory creature that they will not fail in the mandatory duty to not fetter their discretion. that duty gives them the responsibility not to do so.
Wed, 19 Jan 2011 - 11:04
Just heard that my PCN has been withdrawn and cancelled by Edinburgh City Council. Relevant sections of my letter and the response are below. Thanks for all the advice!
I am writing to appeal against the above referenced PCN, issued at xxx on xxxxxx.
The vehicle was parked at 14.00 in a Residents Bay with two Visitor Parking Permits being displayed. The silver box for “2” hours was removed but the “0” minutes box was not scratched off on either of the displayed permits. As a first time visitor by car to Edinburgh, I was unfamiliar with the need to scratch off minutes given my arrival time of 14.00.
I believe that this genuine and trivial mistake should be considered de minimis and did not invalidate the permit. Given the combination of correct information given, the voucher was valid at the time the PCN was issued and could not have been used on any other day. Previous adjudication from The Joint Report of the Parking Adjudicators for England and Wales April 2008 to March 2009 (case BH05920B) supports the opinion that very minor deviation from the precise requirements may be held not to constitute a contravention of the TRO.
I request that this PCN should be cancelled. If not, I will have no hesitation in taking my appeal to the independent adjudicator if necessary.
The Parking Attendant reports that there was no valid visitors permit displayed on the above vehicle.
Legislation requires that a visitor's permit must be completed correctly and clearly displayed on the windscreen or front near-side window of a vehicle, and the onus is on the driver to ensure the permit is completed correctly and is securely affixed prior to leaving the vehicle. In this case all windows of the vehicle were checked prior to issuing the parking ticket and the permits were not completed correctly. We regret that the subsequent production of a permit covering the period in question does not constitute a reason to cancel the ticket.
Please be advised that all sections of the permits, including the minutes must be scratched out.
However, as a courtesy the parking ticket will be withdrawn and cancelled on this occasion. In future to avoid the possibility of further tickets being issued in similar circumstances, which may not be given the same consideration, please ensure a valid permit is completed correctly and clearly displayed.
In view of the circumstances of the case, as stated above, the parking ticket has been withdrawn and cancelled.
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