Only if the CEO observes you handing over the ticket.

If I read correctly, which I probaly didnt, but in the top post is "I have been given a ticket for parking in a normal parking space in a council car park" Then patdavies said "Unfortunately, your example is moot. Newbury is not DPE. Thus parking matters are enforced by Police/Traffic Warden FPNs and ECNs. There are no, and never have been, parking attendants (RTA 1991) nor Civil Enforcement Officers (TMA 2004)" If you park in a car park in Newbury then they are enforced by the council car park staff, not traffic wardens. Traffic wardens are employed by the police and enforce the highways, unless the highways have been decriminalised. Please correct this if Ive made a small error. So my post (slightly misleading) was about the car parking by council parking staff, and how they will soon be taking over the on-street parking from april 6th. Any advice I offer is in good faith, and explaining how berks does things. This MAY help people, and I use the word "may" lightly, as other councils may do things differently. But I could say something that could be worth trying in your area, or at least finding out if a certain rule exists etc. I could mention something that you normally wouldnt have thought of trying.

Your correct, there is nothing to say councils MUST do that. But I am stating how MY council does it. So the advice is that people MUST CHECK and see if the council does extend the discount period if you appeal. SIMPLE AS THAT, SO THE ADVICE IS SOUND. But thank you for butting in.

I can tell you how we are "supposed" to do it where I live. But that could be different in any other place. An example is that if your visiting a doctors, and you purchase 30mins parking in a "Pay & Display" bay, then we all know that doctors can be running late, or they get called out to a home visit emergency, so then 8 times out of 10 they could be running late. So rather than pay for 30 mins and run the risk of running late and get a PCN, I would pay for an hour and NOT get a PCN. But then where I am, an hour is only 80pence. Id rather pay 80pence and be 25mins and hand my ticket to another driver, rather than be tight and only pay for 30 mins, be in the doctors for 45mins and then get a £50 PCN. But then if your paying london charges, then it would probably be just as expensive to park as getting a PCN.

You are correct and wrong. The car parks are enforced bu the council and employ car park staff to enforce using (i think) ECN. As from april 6th, the highways parking is decriminalised and being taken over by the car parks staff and 20 CEO's (of which I am one).

So what if your son/daughter "Borrows" your car without your knowledge, say your on holiday and you leave your car at home, but your son / daughter takes your keys, or even if they do have permission to drive your car ? If the driver refuses to pay up, then the registered owner is responsible. In my area the council would probably throw out your appeal. The only way you would get the ticket cancelled in this case, is to report the car stolen and obtain a crime number, as you wouldnt really "Shop" your son or daughter. So my comment was accurate and correct. But the case may be different for the london area, as they probably act differently to a small market town 100 miles out of london.

I was refering to the highways enforcement for that area dealing with "Parking on the highways". I appologise for not making that clear.

I appreciate your comments, one learns by listening to good feedback. My intentions were in good faith, based on the post, which stated PCN & Council car park. I didnt see anything that inidicated a private firm hired to "Enforce" the car park on the councils behalf. So even though Ive taken on board your comments, I think my post was correct. People posting questions here need to post accurate and correct information, and people who reply can only reply to the original post with the information stated. Im probably not smart enough to read between the lines, and I know certain areas run differentlu (like London), but my post was done in good faith, and accurate.

It sounds like Contravention code 07 - "Purchasing time after initial time purchased". Which boils down to what we lovingly refer to as "Meter Feeding". There should be a sign that says something like "4 Hrs max", you can purchase upto 4 hrs parking, so if you only purchase an hour, you cant then go out and purchase another hour because your meeting is running late. The only way your going to get off this is if the ticket is issued by a private company and is illigal, the ticket is worded wrong or the bay / signage is wrong. Or if anyone else would like to add anything.

Councils should give you 5 minutes min observation time. Just send the details and they should cancel, if they done then go to the adjudicator who should. An interesting point is that if your a parcel delivery company, you could have to wait for 15 mins to get your paperwork signed. And if your issued with a PCN, you have grounds for getting the ticket cancelled.

Shouldnt the words "Permit Holders Only" be painted on the road, just outside of the bay ? Thats if its just a permit holders only bay. And if you said your dog nabbed your permit, and you sent the details of the permit, then this MAY be grounds for the ticket being cancelled.

Id like to give an example here. Newbury in Berkshire had four car parks in the central area of the town. They had disabled bays and allowed free parking for blue badge holders. Over xmas 2008 they decided to change 3 of the car parks so that disabled had to pay. They extended the number of disabled bays in the 4th car park which remainded free. They did all the correct stuff like getting the rules changed, and advertised the new changes. They even put up notices at the entrance that bb holders had to pay in the 3 car parks. Temps were even employed to help advise disabled people as to the new rules. As for not being allowed to park in a normal bay ? Well if you cant park in a disabled bay, because they are all full, then where the hell are you supposed to park ? Your entitled to park in any bay. The only reason there is disabled bays is because they are bigger, allowing you to get in and out of your car better. If the free bb bays were full and you had to park in a car park where disabled had to pay then technically you would have to pay. But then its all down to the discretion of the attendents if they are about at the time.

Yep totally agree. Laugh at them and go to the adjudicator.

Technically this is correct and the pcn stands. If a yellow line runs through a parking bay, then the signage will state specifically which one is enforceable at what time. So after 6pm the yellow line stands. I say technically, as you could also check the bay markings, where the signs are specifically located, and even go see the legal docs, as sometimes bays can be slightly out as they could have been set up wrong.

Then I would summise that its a proceedule error, there should be road markings clearly stating it is a loading bay.

Each council will define "Out of bay" differently, whether its a wing mirror, two inches or just the rear bumper. But generally we try to not ticket if less than a 3rd of the vehicle is out of the bay. If you were the car on the end of the row of spaces, and cars couldnt get past you, then yes you would be obstructing and would be liable for a PCN. Otherwise most of us decent CEO's wouldnt bother.

I am going to be a bearer of bad news. In the area that I am a civil enforcement officer, I can tell you that just because you have a property with permit holder bays on the highways, this doesnt entitle you to automatically get a permit. The council will only issue so many, and its on a first-come-first-served basis. The people who sold you the property should have made this point clear.

My apologies for not reading the whole thread.

As a Civil Enforcement Officer I totally agree. If the contravention code was used in my area, it would be for off street parking, which is in a car park. The on street code would indeed be 01, so you can have the ticket cancelled as a "Proceedule Error". Once the council has declined your appeal, you will then receive a "Notice to Owner" letter. When you receive this letter you can then go to an adjudicator. The ticket will then (hopefully) be cancelled. But go to the council and ask to see the plans for the road, and take notes, this will put your mind at rest and back you up when going to an adjudicator.

Hi Unfortunately there is time limits even for blue badge holders, but there has to be the correct signage up informing this. You didnt state whether the bays were "Permit Holders Only" or shared bays. Shared bays are those with something like "Permit holders only Mon-Sat 6pm-8am." and "1Hr free parking, no return within 2 hrs" or whether there was any signs at all. If there are no restrictions then you cant complain about him/her. You say you received a parking ticket ? Could you confirm if the bays are permit holders, and whether you have a residents permit. Im a civil enforcement officer, and if I know the full details, signs, restrictions etc, then I could maybe guide you inthe right direction.

Firstly you state you use the term "However although the registered keeper is responsible for any parking contravention charges issued by the police or local authority (under the Road Traffic Act of 1991)" Although this is the original Act, there is the Traffic Management Act 2004 which is now used. I know that with councils, the keeper of the vehicle is legally responsible for the penalty, regardless of who was driving, except in certain conditions like your car was stolen and you have a police crime number, they you could "maybe" get away with the fine. If this was a council issued PCN, and you had a valid reason for being 10 mins late, then you could appeal and get the ticket cancelled. Private car parks are different, so unless A) the driver coughs up the money, or B) you can get the ticket cancelled, your basically responsible for paying. In my area where Im a Civil Enforcement Officer, and you came back 10 mins late while we were issueing the ticket, then we would make a note, and ask that you appeal giving you the address.

As a Civil Enforcement Officer, I agree with the above. If the council has taken over the highways enforcement (as in its been decriminalised in that area). Then the council will issue the PCN, and it should clearly state the councils name etc.

You should firstly check the documentation you signed with the hire company. There should be a clause stating that you allow them to pay any speeding fine, parking fine etc, and debit your card an admin fee. Secondly, if you then get a bank statement saying the monies been paid, you find out why, and then you find that you didnt commit any offence and shouldnt have been issued with a PCN, then you cant appeal to the council as the tickets been paid. So (correct me if Im wrong) you would then have to get the evidence and take the hire company to a small claims court. That is if they have no heart, and dont pay you back before going to court.

I didnt think private companies were allowed to enforce Highways regulations ? Highways is either the police or the local council. Private companies (like NCP) can do what they like in their own car parks, but thats it.

If councils havnt resolved within (i think) 6 months, then you can have the ticket cancelled due to "Procedule Error". New government rules state that coucils cant take longer than this. I currently work for a council as a "Civil Enforcement Officer", and I hope to help you all with any queries you have, and how to proceed. Another point here. When you get a PCN, appeal to the local council, you could have the ticket cancelled even if you think you dont have a case. They must consider all circumstances. So if you think you dont have a case, appeal, you may find that you DO have a case. They must then extend the discount period for another 14 days. So dont think that its not worth it, or that you dont have the time, and end up paying the discounted rate within 14 days. MAKE THE TIME. How long does it take to open word, write a letter, stick a stamp on an envelope and post it ? For all you know, you could get off with the lot, for the 30 mins it takes to write / post a letter. What have you got to lose.