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#Post#: 131186--------------------------------------------------
Barnet PCN Single line restriction Arlington Road
DIR By: udyr
Date: September 22, 2026, 9:03 am
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I have received a notice of rejection (formal) for a PCN for
parking at a restricted single line which is restricted for
10-11am. I returned to my car at 10:02 am. Through FOI and SAR,
I found out that the observation period for the PCN was betweeen
10:00:30 to 10:00:34, 4 second interval. The London Councils
Civil Enforcement Officers Handbook states PCN should not be
issued within 2 min of parking restriction starting. I have a
witness statement from my son's teacher who lives close by
(walking distrance) stating I left her home about 9:58 am to
return to car to move it.
The notice states that the no minimum observation period is
required for contravention and the guidance does not create a
legal exemption to the restriction and does not invalidate a
PCN.
Do I have grounds to take it to the Tribunals ?
Thanks.
#Post#: 131190--------------------------------------------------
Re: Barnet PCN Single line restriction Arlington Road
DIR By: Bulop
Date: September 22, 2026, 9:37 am
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I live very very close to the area. De Minimis may be a ground
you can use, if the observation time was seconds into the
restriction, and even 1 minute, then this is a very minor breach
so a contravention could not have occurred in that sense. De
Minimis is an importable principle at London Tribunals.
#Post#: 131191--------------------------------------------------
Re: Barnet PCN Single line restriction Arlington Road
DIR By: Bulop
Date: September 22, 2026, 9:42 am
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Also please post the original PCN, NTO and all sides of the NoR.
#Post#: 131198--------------------------------------------------
Re: Barnet PCN Single line restriction Arlington Road
DIR By: udyr
Date: September 22, 2026, 10:50 am
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Do you have an email I can send attachments to? There seems to a
few documents pages I have to sent and I am struggling with
attaching them. Thank you.
#Post#: 131199--------------------------------------------------
Re: Barnet PCN Single line restriction Arlington Road
DIR By: Bulop
Date: September 22, 2026, 11:00 am
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You can put them in a Google drive folder and send it here,
setting the view to public. If you cant do it then feel free to
PM me and Ill give the email, as others may also add some
important advice on.
#Post#: 131200--------------------------------------------------
Re: Barnet PCN Single line restriction Arlington Road
DIR By: jfollows
Date: September 22, 2026, 11:01 am
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Also see
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
#Post#: 131207--------------------------------------------------
Re: Barnet PCN Single line restriction Arlington Road
DIR By: Bulop
Date: September 22, 2026, 11:36 am
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De Minimis Case 1
HTML https://drive.google.com/file/d/1uhjMhwpfDWbI7c6hWW9RsoU15JLTXQA5/view?usp=sharing
This case is from a "No stopping on school entrance markings"
incident in Barnet. The appellant stopped on these lines 42
seconds before the restriction ended, and the adjudicator
imported the principle of De Minimis. In your case the vehicle
was given a PCN 40 seconds into the restriction then moved 1
minute later. A motorist cannot be expected to have a clock
synchronized with the clock of the authority especially by
seconds.
#Post#: 131212--------------------------------------------------
Re: Barnet PCN Single line restriction Arlington Road
DIR By: Bulop
Date: September 22, 2026, 12:24 pm
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I have just looked at the Civil Enforcement Handbook, yes it
does say that. Although it isn't binding it will definetly be
persuasive in showing that Barnet have not complied with their
own policies and strengthens the De Minimis argument.
#Post#: 131215--------------------------------------------------
Re: Barnet PCN Single line restriction Arlington Road
DIR By: jfollows
Date: September 22, 2026, 12:54 pm
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As in
--- Quote ---
> b) Time restrictions/paid parking
> Where a time restriction applies, CEOs should not issue a PCN
less than two minutes before a restriction starts or less than
two minutes after the restriction has expired. For example, if a
restriction starts (or paid-for time expires) at 8.00am then a
PCN should only be issued if the vehicle is in contravention
after 8.02am. Similarly, if a restriction ends at 6.00pm then no
PCNs should be issued after 5.58pm. It should be stressed that a
vehicle in such a situation does not have the right to be in
place for two minutes this is not a grace period.
--- End Quote ---
from
HTML https://www.cityoflondon.gov.uk/assets/Services-Environment/civil-enforcement-officers-handbook.pdf<br
/>I guess?
#Post#: 131217--------------------------------------------------
Re: Barnet PCN Single line restriction Arlington Road
DIR By: Bulop
Date: September 22, 2026, 12:59 pm
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--- Quote from: jfollows link ---
>
> As in
> [quote]b) Time restrictions/paid parking
> Where a time restriction applies, CEOs should not issue a PCN
less than two minutes before a restriction starts or less than
two minutes after the restriction has expired. For example, if a
restriction starts (or paid-for time expires) at 8.00am then a
PCN should only be issued if the vehicle is in contravention
after 8.02am. Similarly, if a restriction ends at 6.00pm then no
PCNs should be issued after 5.58pm. It should be stressed that a
vehicle in such a situation does not have the right to be in
place for two minutes this is not a grace period.
--- End Quote ---
from
HTML https://www.cityoflondon.gov.uk/assets/Services-Environment/civil-enforcement-officers-handbook.pdf<br
/>I guess?
[/quote]
Yes, that doucument.
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