Pcn - Help!!!

[scott2121210]

Hi Everyone

Can anyone offer me any advice about a 'Penalty Charge Notice' that is endorsed with 'The City of Edinburgh Council'. I received this PCN for being parked approximately five minutes over the expiry of my Pay and Display Ticket. The cost of the PCN is £60 which will be reduced to £30 if paid within 14 days of issue of the PCN.

I have doubts over the accuracy of the times that the Parking Attendant entered onto his machine to issue the PCN. Basically, my ticket expired at 15.01hrs and the PCN was issued at 15.07hrs, however, I met the Parking Attendant as he was about to photograph my car (he had already placed the PCN on my windscreen) and myself and two colleagues noted the time to be 15.06hrs at this point. I can only assume that for the Parking Attendant to have entered all the details onto his machine and print out the PCN and seal it to then place it on my windscreen then surely he must have started this process before my ticket had even expired!!! He appeared startled when I first approached him and he quickly walked off but I did call him back and he stated that there is normally a 'grace period' of five minutes but they are told to be strict!

Do you think that I may have any sort of case or should I just pay up? I have written letter to their Department more or less stating the facts as I have stated here.

Any advice would be much appreciated.

Regards
Scott

[green_and_mean]

The person issuing the ticket does not write the time on it the computer he uses enters the time so they cannot issue tickets at the wrong time. The time the PA started writing the PCN is irrelevant he could have started it as soon as you parked as long as it is issued after your ticket expired. You returned to the car at 15.06 so your ticket had expired so the PCN was issued correctly. The ticket may have been issued in the first few seconds of 15.07 so really you are disputing the difference of 1 minute which is why the PA waited 5 mins to ensure the ticket was expired, you do not get 5 mins free parking (grace) the extra 5 mins is to allow for any minor difference in yours, the ticket machine and PAs clocks.

[scott2121210]

Thanks for the info green and mean. With all that said is it true that a Penalty Charge Notice is NOT enforceable in a court of law purely because it's a penalty?

Don't know what to do now!!!

Regards
Scott

[Simon7685]

I think it is enforceable if issued by or on behalf of the local authority, if that helps.

I would write stating the facts, with a copy of the pay and display ticket to prove you had paid and the time lapse was only 5 minutes, ask if under the circumstances the fee could be waived. It does seem a bit harsh for 5 minutes, I have to say. You don't have anything to lose really.

Good Luck with it!
Simon

[green_and_mean]

Originally Posted by scott2121210

Thanks for the info green and mean. With all that said is it true that a Penalty Charge Notice is NOT enforceable in a court of law purely because it's a penalty?

Don't know what to do now!!!

Regards
Scott

It is not a fine its a civil penalty which you can appeal against at the adjudication service which is independant of the council rather than go to court. The end result if you don't get off is that ballifs can be instructed to get the money from you if you don't pay. It is not to be confused with a private parking company which issues 'penalties' that cannot be enforced.