Multiple Parking Tickets

[taximan10]

I went to get into my car on Saturday morning to find I had been given 2 parking tickets for the same offence. One was written at 20.45 on Friday & one at 06.30 on the Saturday. Is this legal?

[Jamberson]

Yes. One per calander day is allowed.

[green_and_mean]

Only if its not a continous contravention, if it was for footway parking for example they can only issue one PCN as you only parked there once.

[Jamberson]

But even for a continuous contravention, they can issue one every day. One on Friday, another on Saturday.

[assisted blonde]

What was the offence?

[green_and_mean]

But even for a continuous contravention, they can issue one every day. One on Friday, another on Saturday.

 

Says who? There is no law that states that, why not every hour or every week?

 

case ref: 2110166557

 

The authority's case is that the Appellant's vehicle was parked in a residents' parking place or zone displaying an invalid permit when in Lausanne Road on 4, 5, 6, 7, 8, 11, 12, 13, 15, 18, 19 and 21 January 2011 at 09.00.

 

The Appellant's case is that the permit had not been renewed because they had not received a renewal notice from the authority. The Appellant and his wife were on holiday from 31 December 2010 until 23 January 2011 during which period the Penalty Charge Notices were incurred.

 

I have considered the evidence and I find that the Appellant's vehicle was parked in a residents parking place displaying an invalid permit when in Lausanne Road on 4 January 2011. It is the Appellant's responsibility to renew their permit and they are not entitled to rely on the courtesy renewal letter, which may not have been received.

 

However I find that the Appellant's vehicle committed one contravention of parking in a residents' permit bay without clearly displaying a valid permit when in Lausanne Road on 4, 5, 6, 7, 8, 11, 12, 13, 15, 18, 19 and 21 January 2011.

 

I find that one continuous contravention has occurred; the vehicle remains at the same location throughout the period these Penalty Charge Notices were issued. Further, I have taken into account that the residents' bay is operational from 8am to 6.30pm Monday to Saturday and I find that the situation would be the same if the residents' bay was operational 24 hours a day 7 days a week.

 

There is no rule of law or regulation that entitles an authority to issue a penalty charge notice every 24 hours or as in some of these Penalty Charge Notices less than 24 hours. An enforcement authority has other powers at its disposal for a continuous contravention, such as removal.

 

The appeal in relation to 4 January is refused all other appeals are allowed.

[Jamberson]

Sorry - I mis-understood. By "continuous contravention" you mean that literally - and you're right. I thought you meant for a vehicle which has not moved.

 

To clarify - if the restriction ends at, say 6pm, then the next day is a separate contravention if the vehicle is still in-situ, and a PCN could then be issued each day. As requested above, we need the contravention details.

[davidt]

Just to let you all know I am appealing against two parking tickets received whilst away on a work trip, when my telephone payment failed. One of the basis for appeal expressed is 'continuous contravention' in that it was one error and I didn't return to the car, despite the fact that there were technically two separate contraventions in terms of periods of time when payment was required.

 

 

I'll let you know how this goes.

[ploddertom]

Just to let you all know I am appealing against two parking tickets received whilst away on a work trip, when my telephone payment failed. One of the basis for appeal expressed is 'continuous contravention' in that it was one error and I didn't return to the car, despite the fact that there were technically two separate contraventions in terms of periods of time when payment was required.

 

 

I'll let you know how this goes.

 

Who are they from?

[davidt]

Who are they from?

 

The appeal is against a PCN issued by a civil enforcement officer acting on behalf of a Borough Council. I'll let you know which council once I have the result of the appeal, along with any further details.

[ploddertom]

OK, I'll move you to the correct Forum

[Jamberson]

Be careful about the concept of "continuous contravention". If you are parked in contravention of, say, a pay and display bay which is not in force overnight, then the next day when it comes back into force, that's considered another contravention. They can issue two PCNs, one each day.

[SabreSheep]

" find that one continuous contravention has occurred; the vehicle remains at the same location throughout the period these Penalty Charge Notices were issued. Further, I have taken into account that the residents' bay is operational from 8am to 6.30pm Monday to Saturday and I find that the situation would be the same if the residents' bay was operational 24 hours a day 7 days a week.

 

There is no rule of law or regulation that entitles an authority to issue a penalty charge notice every 24 hours or as in some of these Penalty Charge Notices less than 24 hours. An enforcement authority has other powers at its disposal for a continuous contravention, such as removal."

 

That seems to imply that it does not matter if there are time limits or not. If the car did not move for 48 hours, only one offense has been committed

[Jamberson]

Source?

[green_and_mean]

Source?

 

PATAS case 2110166557

[Jamberson]

Well he must be about the only adjudicator in the country who thinks that's a continuous contravention. It stands to reason that the car is in contravention until the bay comes out of force, then it's not, then it is again the next day. Strange interpretation of the term "continuous".

 

Anyway, standard practice is to enforce one and cancel the other - whatever terminology is used. I wouldn't advise davidt to use the phrase "continuous contravention" in his appeal but I doubt it will matter.

[Lammasland]

Yesterday I was given a ticket at 10.05am for parking in a taxi bay on the market-place. Vehicles not permitted on the market between 10am and 4pm. As I had a ticket anyway, I left the car there all day.

At 3.30pm another traffic warden arrived on his bike and slapped a second ticket on the windscreen. I went to speak to him as I was working about 10 feet away from the vehicle and he said 'You should have moved it'. So I got a 2nd penalty, for the sake of another 30 mins before my car could legally be brought onto the market, although my car had not moved one inch since 10.05am.

Is this legal? Local Authority TW.

[green_and_mean]

Had you removed the PCN? If nothing has changed since the first ticket they cannot enforce further PCNs. Technically they can issue as many PCNs as they like its enforcing them that becomes unlawful.

[Lammasland]

Hey, thanks for this. No, original ticket still on the windscreen and I actually went to speak to the TW. He still issued the ticket with the usual rigmarole of taking pics etc. Will appeal and see what they say.

[green_and_mean]

If the original was still on the car I would complain as its ridiculous to just say you should have moved if the car was causing such a problem they should have towed it.

[Jamberson]

Yeah, the CEO's going against normal practice. It's a pointless waste of time issuing a PCN if there's already one on the vehicle for that same contravention, and edges towards a bit of harassment.

[malcolmw]

Hi,

 

I know this is an old post so perhaps this will not be seen,

 

 

but I just wondered if anyone could advise how to frame the letter contesting multiple pcns.

 

 

I came back from holiday to find 3 pcn's on my van

- first holiday in 2 years and it coincides with my bloomin residents parking permit running out.

 

 

My fault, fair enough,

but it seems a few people on this thread are saying that standard practice is for the subsequent tickets to be cancelled.

 

 

But how do I ask them to do this?

 

 

Presumably I cant just say,

 

 

"I've heard its standard practice that you cancel subsequent pcn's, so can you cancel mine please"

 

Do I say I am contesting those ticket because they should not have been issued?

But why?

Someone said previously that its best not to mention the continuous contravention point.

 

 

So whats the best approach.

 

Any advice would be massively gratefully received.

 

Cheers!

[dx100uk]

yes good guess

it might be better for you to

start a new thread

 

 

of your own.

 

 

i'll then post a link to this thread

and that might help too

 

 

dx

[Jamberson]

If you start a thread, please advise whether the place you were parked is restricted 24/7 or just for certain parts of the day.