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#Post#: 10056--------------------------------------------------
Re: Grace Period - Oxfordshire CC PCN
DIR By: Grace Period
Date: November 13, 2023, 6:59 am
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Spot on, updated to the following and submitted, fingers
crossed!
The PCN does not comply with The Civil Enforcement of Road
Traffic Contraventions (Approved Devices, Charging Guidelines
and General Provisions) (England) Regulations 2022; Regulation 5
which states that:
“Imposition of penalty charges for relevant road traffic
contraventions
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.”
For the PCN to be permissible, it should not have been issued
before 18:17, i.e. 10 minutes after the 2 hours allotted time
has elapsed.
I also note that the PCN does not comply with The PCN does not
comply with The Civil Enforcement of Road Traffic Contraventions
(Approved Devices, Charging Guidelines and General Provisions)
(England) Regulations 2022; Regulation 9 which states that:
“Particulars to be included in a penalty charge notice given
under regulation 9
2. The information to be included in a penalty charge notice
served under regulation 9 is—
(a)the date on which the notice is served,
(b)the regulatory matters,
(c)the grounds on which the civil enforcement officer issuing
the notice believes that a penalty charge is payable,
(d)that the penalty charge must be paid within the period of 28
days beginning with the date on which the alleged contravention
occurred,
At no point does the PCN mention that the penalty charge must be
paid within the period of 28 days beginning with the date on
which the alleged contravention occurred, only the date which it
was served, which is not the same definition.
Here are the links to the relevant legislation:
HTML https://www.legislation.gov.uk/uksi/2022/71/regulation/5
HTML https://www.legislation.gov.uk/uksi/2022/71/schedule/2
#Post#: 10060--------------------------------------------------
Re: Grace Period - Oxfordshire CC PCN
DIR By: DancingDad
Date: November 13, 2023, 7:32 am
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I would not bother putting the links in your challenge.
And you stuttered here.
I also note that the PCN does not comply with The PCN does not
comply...
Apart from that, works for me
#Post#: 10834--------------------------------------------------
Re: Grace Period - Oxfordshire CC PCN
DIR By: ivanleo
Date: November 21, 2023, 12:10 pm
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For later:
The City of Oxford (Jericho) (Parking Places and Controlled
Parking Zone) Order 2000
HTML https://drive.google.com/uc?id=1N-u4R5gr4ffHdur4CLB5R2IC_C19_Mes
The Oxfordshire County Council (City of Oxford) (Jericho)
(Parking Places and Controlled Parking Zone) (Variation No.27)
Order 2022
HTML https://drive.google.com/uc?id=1lnm6rqO0HP7a-azhpDeIanJ2EuopR7P3
#Post#: 13074--------------------------------------------------
Re: Grace Period - Oxfordshire CC PCN
DIR By: Grace Period
Date: December 30, 2023, 6:45 am
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Update:
The bay in which your vehicle was parked is a time restricted
bay, limiting parking to 2
Hours, No Return within 2 Hours, between the hours of 8am and
6:30pm Monday to
Saturday.
The civil enforcement officer recorded the location of your
vehicle at 16:07 together with
the position of the valves of the front and rear kerb side
wheels. When he next saw your
vehicle at 18:14 the vehicle was at the same location and valve
positions remained
unchanged. The conclusion that could be drawn from this was that
your vehicle had not
been moved and had therefore over stayed the permitted time for
that bay. This is the
reason why a Penalty Charge Notice was issued.
I understand from your correspondence that the PCN does not
comply with The Civil
Enforcement of Road Traffic Contraventions that states no
penalty charge may be
imposed if the period for which the vehicle is left beyond the
permitted parking period
does not exceed 10 minutes. For the PCN to be permissible, it
should not have been
issued before 18:17.
On review of the evidence, it has been established that the
Notice was issued in error.
The Notice has now been cancelled.
We apologise for any inconvenience this may have caused.
Thanks everyone!
#Post#: 13095--------------------------------------------------
Re: Grace Period - Oxfordshire CC PCN
DIR By: fraser.mitchell
Date: December 30, 2023, 12:29 pm
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Very well done ! We don't often very seldom see this from
councils.
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