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#Post#: 52937--------------------------------------------------
Enfield Council. PCN Code 12R parked without permit. Arnos Road
N11.
DIR By: asm99
Date: January 11, 2025, 7:14 am
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Thank you in advance.
Arnos Road N11 has restricted parking between the hours of 11:00
- 12:00 noon Monday to Friday.
HTML https://maps.app.goo.gl/znCUTnMFkk8zqFhS8
The PCN states that on 10/01/25, between 10:58 and 11:03, a CEO
observed the vehicle parked and the contravention being
committed.
I agree that the contravention was being committed for three
minutes between 11:00 and 11:03, however, the contravention was
not being committed between 10:58 and a second before 11:00.
Therefore, the CEO only witnessed the contravention for three
minutes.
There was a short delay in returning to the vehicle, and it was
moved away from the restricted road at approximately 11:05.
Before I count my losses, is there any ground for an informal
appeal as there seems to be no grace period?
Furthermore, is there ground for appeal on the basis that the
PCN states the vehicle was witnessed in contravention of the
parking restriction two minutes before the restrictions came
into force?
I appreciate the advice!
HTML https://i.imgur.com/6kLm5OG.jpg
HTML https://i.imgur.com/dEWIXJp.jpg
#Post#: 52947--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: stamfordman
Date: January 11, 2025, 8:11 am
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The 10 minutes grace applies and a PCN couldn't have been issued
until 11:11 as you were in a permitted parking place that was
free and then wasn't.
See this case and the adjudication:
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/nto-hampshire-code-16-parked-in-residents-permit-bay-clockhouse-road-farnborough/
#Post#: 52963--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: asm99
Date: January 11, 2025, 9:01 am
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> The 10 minutes grace applies and a PCN couldn't have been
issued until 11:11 as you were in a permitted parking place that
was free and then wasn't.
>
> See this case and the adjudication:
>
>
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/nto-hampshire-code-16-parked-in-residents-permit-bay-clockhouse-road-farnborough/
>
>
>
--- End Quote ---
Thank you [member=2249]stamfordman[/member]
Is this a sufficient reply?;
Dear Enfield Council
The penalty demanded exceeds the amount due in the circumstances
of the case. This is because I lawfully parked my car prior to
11am, the restriction came into force at 11am, and the CEO
issued the PCN three minutes later at 11:03am. The amount due is
zero.
By virtue of regulation 5 of The Civil Enforcement of Road
Traffic Contraventions (Approved Devices, Charging Guidelines
and General Provisions) (England) Regulations 2022 no penalty
was due at 11:03am as the regulation states 'no penalty charge
may be imposed in relation to a parking contravention where the
period for which it is left beyond the permitted parking period
does not exceed 10 minutes.'
Please notify me as soon as the PCN has been cancelled.
Yours sincerely,
#Post#: 52969--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: H C Andersen
Date: January 11, 2025, 9:47 am
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The CEO's observation period commenced at 10.58 therefore it is
common ground that your car was parked before the restriction
commenced at 11am. This is a key plank of your defence.
As can be seen, the CEO first observed my car at 10.58 although
I parked much earlier at approx. ****** I was aware that
restrictions came into effect at 11am but I was delayed in
returning. I estimate that I returned at approx. 11.05.
As the authority will see from the above, the PCN has been
issued in error because I was parked in a designated parking
place and therefore regulation 5(2) of the General Regs applies
i.e. the authority were prohibited from demanding a penalty
prior to 11.11, that is to say a period of 10 minutes has
expired since the vehicle was first in contravention:
HTML https://www.legislation.gov.uk/uksi/2022/71/regulation/5/made
If the authority disagree that 5(2) applies, then they must show
that the marked area was not and could not be regarded as a
designated parking place prior to 11am and as a minimum
production of the applicable Traffic Management Order would be
required.
There is no need to write out the name of the regs in full, IMO
it loses momentum.
But these are minor differences.
#Post#: 52975--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: stamfordman
Date: January 11, 2025, 11:53 am
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This is an informal challenge and I would keep it short and just
say:
-----
As your CEO noted I was parked in a designated parking place
before the permit restriction started at 11am but owing to the
10 minute grace period that applies to such parking places a PCN
cannot be issued before that period is elapsed, ie at 11:11.
I look forward to your early cancellation of this PCN, which has
been issued in error.
------------
Or go with either of the others - Mr Anderson makes a detailed
case. If they are minded to reject they'll reject any of them
and you'll have to go onto formal stage.
Do you own the car and have an up to date V5C logbook?
Why did you park there and for how long.
#Post#: 56008--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: asm99
Date: January 31, 2025, 7:38 am
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Enfield Council has rejected the informal appeal.
What next?
Thank you in advance.
HTML https://i.imgur.com/klzsPSV.jpeg
#Post#: 56041--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: stamfordman
Date: January 31, 2025, 9:39 am
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Which challenge did you send.
Regardless they've not addressed it and I think we'll agree you
should carry on.
Do you own the car and have an up to date V5C logbook?
#Post#: 56050--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: asm99
Date: January 31, 2025, 10:25 am
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The appeal was worded similarly to @HCAndersen 's suggested
response.
Yes, V5C is up to date and all correct.
I don't want to be defeatist if the consensus is the PCN should
be cancelled.
#Post#: 57429--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: asm99
Date: February 10, 2025, 7:22 am
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How should the formal appeal be worded?
Does anyone have any further advice regarding this?
#Post#: 57474--------------------------------------------------
Re: Enfield Council. PCN Code 12R parked without permit. Arnos
Road N11.
DIR By: stamfordman
Date: February 10, 2025, 9:58 am
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Post the notice to owner when you get it and we'll help.
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