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#Post#: 96855--------------------------------------------------
Merton - Code 02 - Parking were restrictions are in force -
Worple Road Wimbledon
DIR By: hobhouse
Date: November 4, 2025, 4:01 pm
---------------------------------------------------------
[left]I parked near Wimbledon Centre on Worple Road in a parking
space, but the space also has a yellow line running through it.
This is actually the only place I have seen this.
[/left]
[left]
I parked at around 7:30am, and when I got back to my car at
8:33am it had a parking ticket.
[/left]
[left]
I believe that, based on the Merton guidelines
HTML https://www.merton.gov.uk/system/files?file=merton20parking20services20enforcement20policy.pdf<br
/>that a grace period should apply as it was a designated
parking
space and I parked in it before restrictions applied.π
[/left]
--- Quote ---
> A 10 minute grace period will not apply to a vehicle parked
outside the hours of control on a
> single yellow line (and not in a designated parking place)
when controls commence. (Please
> note that any usual observation periods will still apply).
--- End Quote ---
---------------------------------------------------------
- Street View Link:
HTML https://maps.app.goo.gl/vxkFUuwnYcfWECu5A
- View PCN Link:
HTML https://parking.merton.gov.uk/PCNs/Ticket/FindTicket
- PCN reference: MT02055981
- Vehicle Registration: 5AGA
- Contravention Date and Time: 28/10/2025 08:31:23
- Street WORPLE ROAD, WIMBLEDON (W1)
- Zone ON STREET
- Contravention Code 02
- Contravention Description Parked Or Loading / Unloading In A
Restricted Street Where Waiting And Loading / Unloading
Restrictions Are In Force
[img
width=500]
HTML https://cdn.imgpile.com/f/xjqg05B_xl.JPG[/img][img<br
/>width=500]
HTML https://cdn.imgpile.com/f/zUefDMw_xl.JPG[/img]
HTML https://cdn.imgpile.com/f/JobLR1U_xl.png
HTML https://cdn.imgpile.com/f/cnywyOP_xl.png
#Post#: 96861--------------------------------------------------
Re: Merton - Code 02 - Parking were restrictions are in force -
Worple Road Wimbledon
DIR By: stamfordman
Date: November 4, 2025, 4:40 pm
---------------------------------------------------------
I can't make sense of that quote from Merton.
This is a battle we've had with a number of cases - as the
legislation is written we say the grace must apply, but councils
often say it doesn't and I don't think adjudicators have backed
us up in all cases.
This recent case is an odd one by one of the toughest
adjudicators - was he not ready to apply the law or was he
baiting the council, or what? No matter Merton must be put to
the test.
Another point is that London Councils guidance is not to issue
in the first 2 mins after start or before end of a yellow line
restriction and this was just 1 minute in.
--------------------------
Case reference 2250215134
Declarant Ilham Ahmed Aden
Authority London Borough of Haringey
VRM SM12EMX
PCN Details
PCN ZN13486355
Contravention date 20 Aug 2024
Contravention time 17:01:00
Contravention location Topsfield Parade, N8
Penalty amount GBP 130.00
Contravention Parked or loading/unloading during a loading ban
Referral date 29 Apr 2025
Decision Date 16 Oct 2025
Adjudicator Michael Burke
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to
Owner.
Reasons On 02.10.25 I adjourned this case, writing in the
following terms:
“The Adjudicator directs that if the Enforcement Authority
continue to seek enforcement of this penalty charge they set out
why they would say the 10-minute grace period allowed by
Regulation 5(2) Civil Enforcement of Road Traffic Contraventions
(Approved Devices, Charging Guidelines and General
Provisions)(England) Regulations 2022 does not apply.”
The Enforcement Authority have failed to respond. In these
circumstances they no longer seek enforcement and accordingly I
allow the appeal.
#Post#: 102060--------------------------------------------------
Re: Merton - Code 02 - Parking were restrictions are in force -
Worple Road Wimbledon
DIR By: hobhouse
Date: December 11, 2025, 10:49 am
---------------------------------------------------------
Hi stamfordman,
Thank you for the information you provided regarding 2250215134,
I referenced it in my appeal.
Apologies, I did not come back with my planned appeal copy (it
might have been more successful if I had), but I was only able
to start writing it the evening it was due.
My appeal:
--- Quote ---
> To: London Borough of Merton Parking Services / PCN Office
> PCN number: MT02055981
> Vehicle registration: 5AGA
> Contravention date/time: 28/10/2025 08:31:23
> Contravention location: Worple Road, Wimbledon Centre
>
> Grounds of challenge / representation
> 1.
(Regulation 5(2))
> ▪
approximately 07:30 am. The PCN records the contravention time
as 28/10/2025 08:31:23, and I returned to my vehicle at 08:33
and found the PCN attached. The PCN therefore, was issued within
ten minutes after the point at which the vehicle first became
allegedly “illegally parked”, or at least within the grace
period window that must be respected in on‑street
council‑run bays. The Civil Enforcement of Road Traffic
Contraventions (Approved Devices, Charging Guidelines and
General Provisions) (England) Regulations 2022 States:
>
> 5.—(1) A penalty charge may be imposed with respect to a
vehicle where that vehicle is involved in a relevant road
traffic contravention which is committed on or after the
commencement date.
> (2) But no penalty charge may be imposed under paragraph (1)
in relation to a parking contravention where—
> (a)the vehicle is stationary in a designated parking place and
is left beyond the permitted parking period, and
> (b)the period for which it is left beyond the permitted
parking period does not exceed 10 minutes.
>
> The PCN issued within that 10‑minute period is contrary
to that requirement.

>
> 2.
followed — the policy and its own exclusion do not apply here
> ▪
states the authority “will apply a 10 minute grace period before
issuing a PCN from the moment it becomes parked illegally” where
a vehicle is parked legally in a designated parking bay when
initially parked.

> ▪
will not apply to a vehicle parked outside the hours of control
on a single yellow line (and not in a designated parking place)
when controls commence. (Please note that any usual observation
periods will still apply).”

> ▪
place (white bay markings) on Worple Road. This location was
therefore a designated parking place — not merely a single
yellow line “outside the hours of control”. The images taken by
the enforcement officer clearly show the white bay markings and
parking bay signage that identify this as a designated bay.
Because this was a designated parking place, the stated
exception for vehicles parked outside the hours of control on a
single yellow line does not apply. The council nonetheless
issued a PCN inside the 10‑minute window contrary to its
own Enforcement Policy and the statutory 10‑minute
rule.

>
> 3.
> ▪
which the adjudicator allowed the appeal for a PCN being issued
1 minute after the start of the no loading period, and the space
was a designated parking bay. (Case ref. 2250215134, Ilham Ahmed
Aden v London Borough of Haringey — Decision 16 Oct 2025). This
is the same situation as my PCN and therefore it should be
cancelled.
>
> Please cancel this PCN on the following grounds:
> * it was issued within the statutory/policy 10‑minute
grace period applicable to council‑run designated parking
bays; and
> * this location was a designated parking place (as shown in
the attached images) so the policy exception for single yellow
lines outside hours of control does not apply.
> If you intend to pursue the PCN, please provide the following
evidence so I can make further representations or appeal:
> * the authority’s enforcement notes and CEO observation
records for 28/10/2025 between 07:25 and 08:40 (including CEO
arrival time, start/finish of observation period and any note of
the vehicle’s lawfulness at initial arrival);
> * a copy of the Traffic Regulation Order or signed map
authorising the yellow line/kerb markings across that bay and
the operative times (if any) for the yellow/kerb marking;
> * confirmation of the legal basis (with reference to
Regulation 5(2) and the Merton Enforcement Policy) for treating
this location as an excluded case to the 10‑minute grace
period (if you contend the grace period does not apply).
>
> If you will not cancel the PCN please include the evidence
requested above so I can consider further representations or an
appeal to the independent adjudicator.
>
> Yours sincerely,
--- End Quote ---
What they responded with:
--- Quote ---
> Penalty Charge Notice: MT02055981
> Contravention Date: 28/10/2025 at 08:31 VRM: 5AGA
> Location: WORPLE ROAD, WIMBLEDON (W1)
>
> Thank you for writing to us.
>
> The Penalty Charge Notice (PCN) was issued to you because your
vehicle was seen
> stopped in a restricted street where waiting and
loading/unloading is not permitted during
> prescribed hours. At the location there are yellow stripes on
the kerb and white 'No loading'
> signs. The kerb stripes mean you are not allowed to park; even
to load or unload. A double
> kerb stripe means the rule applies 24 hours a day and a single
kerb stripe means the rule
> applies some of the time (the sign shows the times).
>
> We have carefully considered what you say and whilst we have
reoffered the discount period
> we have decided not to cancel your Penalty Charge Notice
(PCN).
>
> The restrictions are enforced at this location between
8:30-9:30am. Although there are bays
> marked on the carriageway there is also a single yellow line
and kerb markings present. This
> means that during the above hours parking and
loading/unloading is not permitted. The bays
> can only be parked in during the hours of 9:30am-6:30pm on
Mon-Sat and 10am-4pm on
> Sundays, and the no return rule only applies during this time.
>
> I must advise that the 10 minute grace period does not apply
in this situation, as there are
> signs present that indicate the restriction in place. As a
result, the PCN can be issued
> immediately, as the vehicle was observed in contravention at
08:31.
> So, whilst I note that it was not your intention to contravene
the restrictions that are in force, I
> am satisfied that the notice has been correctly issued and
that there are no grounds in which
> to cancel the charge.
>
> You can view photographic evidence of this PCN online at:
www.merton.gov.uk/pcn.
>
> You have these choices:
>
> • To date, you have paid £0.00, you can pay the discount
charge of £80.00, minus any
> payment already made, if your payment reaches us within 14
days of the date of this
> letter.
> • If you miss the discounted period you can pay the full
charge of £160.00, minus any
> payment already made, within 28 days of the date shown on this
letter.
> • You can formally challenge your PCN by using a Notice to
Owner form. The vehicle's
> owner will automatically receive the form if the PCN has not
been paid within 28 days of
> this letter. The form offers you the chance to formally
challenge your PCN or pay the full
> £160.00. If you decide to formally challenge your PCN, please
do not write to us again
> but wait until the Notice to Owner form arrives. If we reject
your formal challenge you will
> be given the opportunity to appeal against our decision to an
independent adjudicator.
> For more information about the traffic adjudicator please
HTML visit their website at http://
> www.londontribunals.gov.uk/eat/appeals-process-explained .
Please note: Should you
> write back in to the council before the Notice to Owner, the
discounted period will not be
> placed on hold or reoffered.
>
> How to pay
>
> • Online at www.merton.gov.uk/pay.
> • By phone 0300 4560504 (24 hours). Please note that we do not
accept AMEX or
> Diner’s Club Cards.
> • Post Office (cash or a debit card only) or at Pay Point
Shops (cash only) using the bar
> code as shown on this letter or on the PCN.
> • By Post Please make your cheque or postal order payable to
‘London Borough of
> Merton’, write your PCN number (MT02055981), vehicle
registration and your address
> on the back, then send it to the address above.
> • Please note London Borough of Merton does not offer payment
or instalment
> plans for PCNs. Payment is made when it is received by the
council and not from the
> date written on a cheque or the date payment is posted. The
council cannot be held
> responsible for any payments that are delayed or lost by the
Postal Services.
>
> 6338620760205598011
>
> Yours sincerely,
> Parking Services
>
--- End Quote ---
I wish to continue contesting this PCN and wondered if you had
any further advice on the next steps?
#Post#: 102105--------------------------------------------------
Re: Merton - Code 02 - Parking were restrictions are in force -
Worple Road Wimbledon
DIR By: fraser.mitchell
Date: December 11, 2025, 5:47 pm
---------------------------------------------------------
This is the key clause for the 10 minute grace period: -
--- Quote ---
> (a)the vehicle is stationary in a designated parking place and
is left beyond the permitted parking period, and
> (b)the period for which it is left beyond the permitted
parking period does not exceed 10 minutes.
--- End Quote ---
Where the argument lies is this; if there is a restriction on
parking, there is no period of permitted parking during the
restricted hours. So the 10 minute grace period does not apply.
That is my interpretation of it, for what it's worth, anyway.
#Post#: 102109--------------------------------------------------
Re: Merton - Code 02 - Parking were restrictions are in force -
Worple Road Wimbledon
DIR By: stamfordman
Date: December 11, 2025, 6:17 pm
---------------------------------------------------------
See:
HTML https://drive.google.com/file/d/1ApyHxw0jGnS3MPqvHhwQHNpaRMT2px58/view
The issue as I see it and apparently Mr Burke too is to put the
authority to the test of why the legislation does not apply when
you are initially lawfully parked.
#Post#: 102111--------------------------------------------------
Re: Merton - Code 02 - Parking were restrictions are in force -
Worple Road Wimbledon
DIR By: fraser.mitchell
Date: December 11, 2025, 6:25 pm
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> See:
>
>
HTML https://drive.google.com/file/d/1ApyHxw0jGnS3MPqvHhwQHNpaRMT2px58/view
>
> The issue as I see it and apparently Mr Burke too is to put
the authority to the test of why the legislation does not apply
when you are initially lawfully parked.
>
--- End Quote ---
Indeed, yes, there is confusion and has been since this grace
period came in. When Pepipoo was still with us, I saw a case
where the car was parked outside the times of a yellow line
restriction, and had over-run into the restricted times. The
case was lost as I recall, the adjudicator said that where an
overrun had occurred, the parking place still had to allow
parking during the over-run for the grace period to apply. That
is also my view too.
#Post#: 111868--------------------------------------------------
Re: Merton - Code 02 - Parking were restrictions are in force -
Worple Road Wimbledon
DIR By: hobhouse
Date: March 3, 2026, 5:32 am
---------------------------------------------------------
I appealed their rejection, and once again they failed to
address my points relating to Regulation 5(2) and Merton's own
Parking Enforcement Policy.
My representation:
--- Quote ---
>
> Representation
> I make formal representations against this PCN on the grounds
that the contravention did not occur and that there has been a
procedural impropriety.
>
> 1. The PCN was issued contrary to Regulation 5(2): statutory
10-minute grace period
> I parked lawfully in a marked, designated parking bay on
Worple Road at approximately 07:30. The PCN records the
contravention time as 28/10/2025 at 08:31:23. The PCN was
therefore issued within 10 minutes of the point at which the bay
became restricted at 08:30.
> Regulation 5 of The Civil Enforcement of Road Traffic
Contraventions (Approved Devices, Charging Guidelines and
General Provisions) (England) Regulations 2022 provides:
> 5.—(2) No penalty charge may be imposed in relation to a
parking contravention where—
(a) the vehicle is stationary
in a designated parking place and is left beyond the permitted
parking period; and
(b) the period for which it is left
beyond the permitted parking period does not exceed 10 minutes.
> My vehicle was stationary in a designated parking place and
was left beyond the permitted period for less than 10 minutes.
Regulation 5(2) therefore expressly prohibits the imposition of
a penalty charge. In law, the contravention did not occur.
>
> 2. The council’s informal rejection misunderstands the legal
issue
> In rejecting my informal challenge, the council focused on the
presence of yellow lines, kerb markings and signage, asserting
that the PCN “can be issued immediately”.
> That response does not address the legal point
raised.
The issue is not whether restrictions exist, but
whether a penalty charge may lawfully be imposed within the
statutory 10-minute grace period when a vehicle is parked in a
designated parking place.
> Regulation 5(2) applies despite the existence of restrictions
where the vehicle is in a designated parking place. The
council’s assertion that signage allows immediate enforcement is
therefore incorrect in law.
>
> 3. Failure to follow Merton’s own Enforcement Policy
(procedural impropriety)
> Merton Council’s Parking Enforcement Policy (July 2025)
confirms the statutory position. Page 11 states:
> “If a vehicle is parked legally on a designated parking bay
when it is initially parked, we will apply a 10 minute grace
period before issuing a PCN from the moment it becomes parked
illegally.”
> The policy further states:
> “A 10 minute grace period will not apply to a vehicle parked
outside the hours of control on a single yellow line (and not in
a designated parking place) when controls commence.”
> This exclusion does not apply in this case. My vehicle was
parked in a clearly marked, designated parking bay (a designated
parking place), as shown in the CEO photographs. It was
therefore not parked on a single yellow line “and not in a
designated parking place”.
> By issuing the PCN within the 10-minute grace period, the
council acted contrary to its own published policy. A failure to
follow a published enforcement policy constitutes a procedural
impropriety.
>
> 4. Conclusion
> The PCN was issued within the statutory 10-minute grace period
applicable to designated parking places, contrary to Regulation
5(2) of the 2022 Regulations and contrary to the council’s own
Enforcement Policy.
> Accordingly:
> * the contravention did not occur; and
> * the PCN was issued following a procedural impropriety.
> The PCN must therefore be cancelled.
> If the council does not agree, please provide:
> * the CEO’s contemporaneous notes and observation records; and
> * the Traffic Regulation Order or signed map schedule
confirming the legal status of the bay and the operative times
of the restrictions relied upon.
>
--- End Quote ---
Their rejection:
--- Quote ---
>
> Thank you for writing to us.
> I have investigated the circumstances raised in your
correspondence and have made the
> decision to not cancel your notice. The reasons for my
decision are outlined below, along
> with the options available to you at this stage.
>
> The Penalty Charge Notice (PCN) was issued to you because your
vehicle was seen
> stopped in a restricted street where waiting and
loading/unloading is not permitted during
> prescribed hours. At the location, there are yellow stripes on
the kerb and white 'No loading'
> signs. The kerb stripes mean you are not allowed to park; even
to load or unload. A double
> kerb stripe means the rule applies 24 hours a day, and a
single kerb stripe means the rule
> applies some of the time (the sign shows the times).
>
> You have stated that you parked and, therefore, felt it was
permitted for you to park.
> I would point out to you that the ‘no loading’ and ‘no
waiting’ signs give the same hours of
> restriction. Both of these signs can be found in the Highway
Code, and their meaning and
> relevance should be learned whilst motorists are learning to
drive. They can be found at the
> location clearly stating that no waiting or loading is
permitted during the restricted hours,
> which are from Monday to Saturday, 8:30 AM to 9:30 AM. The
sign referring to the pay and
> display regulations gives the hours during which a pay and
display ticket must be purchased.
> However, at the location where you parked, there is a clear
sign that explains that parking is
> only allowed from Monday to Saturday, between the times of
9:30 AM to 6:30 PM and on
> Sunday from 10:00 AM to 4:00 PM.
>
> Furthermore, our record shows that your vehicle was observed
when "no loading" and "no
> waiting" restrictions were in place; therefore, your vehicle
was parked in contravention of the
> rules.
>
> Whilst I note your comment, I must advise that there is no
observation time required for this
> contravention. If you park where you are not allowed to, CEOs
can give PCNs straight away;
> they do not have to wait. Drivers do not have the right to
park for just a few minutes. Where
> loading or unloading is allowed, CEOs check for any loading or
unloading before giving
> PCNs.
>
> Please note that it remains the motorist`s responsibility to
adhere to the Highway Code, as
> well as any signs and lines that may be present, to ensure
that their vehicle is parked legally
> before leaving it unattended.
>
> So, whilst I note that it was not your intention to park in
contravention of the restrictions that
> are in force, I am satisfied that the notice has been
correctly issued and that there are no
> grounds on which to cancel the charge.
>
--- End Quote ---
My point was all to do with the grace period requirement, but
they only seem to mention observation time, which, from my
limited understanding, is a completely different thing.
I would like to appeal this rejection, but unsure about the next
steps, so any advice would be greatly appreciated.
#Post#: 111948--------------------------------------------------
Re: Merton - Code 02 - Parking were restrictions are in force -
Worple Road Wimbledon
DIR By: stamfordman
Date: March 3, 2026, 2:51 pm
---------------------------------------------------------
Have they reoffered the discount.
I think I'd go on with this as they've failed to address your
reps.
#Post#: 112003--------------------------------------------------
Re: Merton - Code 02 - Parking were restrictions are in force -
Worple Road Wimbledon
DIR By: hobhouse
Date: March 4, 2026, 4:05 am
---------------------------------------------------------
They have not:
--- Quote ---
> The full fine of £160.00 is now due. To date, you have paid
£0.00; the balance of
> £160.00 is outstanding. You can pay £160.00 within the period
of 28 days beginning
> with the date of service of this Notice of Rejection.
--- End Quote ---
I agree, they have failed to address.
What would be the next steps from here?
#Post#: 112032--------------------------------------------------
Re: Merton - Code 02 - Parking were restrictions are in force -
Worple Road Wimbledon
DIR By: tincombe
Date: March 4, 2026, 8:07 am
---------------------------------------------------------
I'm interested in discovering how often the council has
suspended this bay and any others which are shared use i.e.
parking and then no waiting. And then find out what power
they've used.
The reason for this is that suspension of a parking place is
normally achieved using a power within the designating order.
But this could only be effected for any 'no waiting' hours IF
the bay is considered to be subject to these provisions 24/7,
notwithstanding that there's a no waiting restriction. In
effect, a 24/7 designated parking place overlaid with a no
waiting restriction is treated as being a 'designated parking
place' at all times, in which case the 'grace' period applies.
Or do they pick and choose, as here?
Sorry if this sounds complicated, but in essence if this type of
bay is ever suspended for all or part of the no waiting hours
using powers within the order then IMO it's considered by them
to be a'designated parking place' and the 10-minute allowance
applies.
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