Contravention Code 01

purple.neon

I parked on a single yellow line for less than 30 minutes displaying my passengers blue badge.
Unfortunately I did not display my time of arrival (a genuine missunderstanding of the rules).
I got a PCN which said: Code 01 and : Parked in a restricted street during prescribed hours. (No mention of the blue badge which was displayed)
I did not know why I got a PCN so appealed, the appeal was rejected and the reason given was I did not display the arrival time disc.
My questions are:
Is code 01 correct for not displaying arrival time?
Is the PCN valid as the PCN is suppposed to give reasonable particulars of the circumstances alleged to constitute the offence (TMA 2004)?
Why is there no code for arrival time disc display if it is a 'higher level' (£70) offence?

Any help and advice would be much appreciated. Has anyone successfully appealed this before?

sarahg1969

To enable other members to assist, please:

1) SCAN the PCN (front and back) together with any other paperwork (200dpi should be fine). Pictures of the parking bay/signs/lines will also help.

2) BLANK out personal details (i.e. PCN serial number, car registration number, any name/address details) using Paint or equivalent image editing program to remove appropriate details.

3) UPLOAD to image hosting site and link from your thread - simply copy and paste the "direct link for layout" link which looks something like this: http://tinypic.com/xxxxxxxxx.jpg.

For detailed help with scanning, erasing and uploading, please see this thread:
How to Upload & Post Images (PCN/NtO/other paperwork)

4) MENTION which council issued the PCN/NtO if you're unable to scan paperwork.

Coblcris

A single yellow line will be a timed restriction.
Did you park within the restricted time ?

purple.neon

Coblcris wrote: »

A single yellow line will be a timed restriction.
Did you park within the restricted time ?

Coblcris,
Many thanks for your reply, the answer is yes, but blue disabled badge took care of that.
Still hoping someone can answer my questions.

purple.neon

Sarahg1969,

Many thanks for your reply, but loading the PCN onto this site will not help anyone answer my questions as I gave all the relavent details in my post. Thanks for trying though.

Still hope someone can give me the answers to my questions.

Coblcris

Parking within the restricted time means that you will need to have set the clock.
The clock should be set to the start of the claimed exemption which is not always the same as the time the vehicle was parked although in this case it is.

Many councils do allow a first time transgression to go by unpunished so that may be worth trying but on its own as appeal point there are obvious risks to this strategy.

You could also gather information about the signs and lines, the Traffic Order (and its 'making') and examine the PCN for flaws. All the relevant information to determine potential liability was not in your first post, far from it..

sarahg1969

purple.neon wrote: »

Sarahg1969,

Many thanks for your reply, but loading the PCN onto this site will not help anyone answer my questions as I gave all the relavent details in my post. Thanks for trying though.

Still hope someone can give me the answers to my questions.

You are satisfied that all road markings, signage and the PCN were flawless?

Coupon-mad

purple.neon wrote: »

Sarahg1969,

Many thanks for your reply, but loading the PCN onto this site will not help anyone answer my questions as I gave all the relavent details in my post. Thanks for trying though.

Still hope someone can give me the answers to my questions.

Uploading the PCN to this site or on pepipoo.com is in fact your best bet for finding flaws which could possibly make an appeal a winner. Many many PCNs - and lines and signs - don't meet the regulations and so are unenforceable if you know what the wording of PCNs and signs should say.

Pepipoo posters do know what can be appealed on, if there's any grounds for appeal they will find it for you. Here's the link if you reconsider scanning in a washed copy of the front & back of your PCN and the rejection letter:

http://forums.pepipoo.com/index.php?showforum=30


Most PCNs posted on pepipoo never have to be paid as their appeal success rate is very high.
HTH

DaveF327

purple.neon wrote: »

loading the PCN onto this site will not help anyone answer my questions as I gave all the relavent details in my post....Still hope someone can give me the answers to my questions.

I'll try my best

purple.neon wrote: »

I parked on a single yellow line for less than 30 minutes

Parking within the "restricted time" on a single yellow constitutes the offence of failing to comply with a traffic regulation order which is shown on a ticket as parking "in a restricted street during prescribed hours" which is a code 01.

I got a PCN which said: Code 01 and : Parked in a restricted street during prescribed hours. (No mention of the blue badge which was displayed)

Sounds correct so far. The PCN codes cannot quote mitigating circumstances where the enforcing officer believes a contravention has been committed.

Unfortunately I did not display my time of arrival (a genuine missunderstanding of the rules).

Ignorance of the law is no defence.

I did not know why I got a PCN so appealed, the appeal was rejected and the reason given was I did not display the arrival time disc.

Sounds absolutely correct. The blue badge regulations provide parking concessions, but where these regulations are not complied with, no concession can be legally provided, so the original offence of parking on a yellow line stands (code 01) with no exception. Had you set the arrival time (and complied with the regulations), there would be a legal defence to parking on a yellow line, therefore you wouldn't have had a ticket.

My questions are:
Is code 01 correct for not displaying arrival time?

Yes. See above.

Is the PCN valid as the PCN is suppposed to give reasonable particulars of the circumstances alleged to constitute the offence (TMA 2004)?

Yes, providing it states:
(a) the period during which proceedings will not be taken for the offence;
(b) the amount of the fixed penalty; and
(c) the name of the person to whom and the address at which the fixed penalty may be paid; and, without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise)

Any other discrepancy may provide an alternative defence that no contravention took place or that a procedural impropriety makes the contravention unenforceable.

Why is there no code for arrival time disc display if it is a 'higher level' (£70) offence?

Because there is no need for one. In the case of parking on yellow lines, the only offence is parking in a restricted street during prescribed hours. In the case of blue badges, the main offences are parking in a disabled space without a badge (which didn't happen) or improper use of a disabled badge (which also didn't happen, but would be a higher level offence anyway - and rightly so).

peter_the_piper

Now that Dave has answered all you questions very ably maybe you could do as Sarah (and others) have suggested and post copies of both sides of the pcn. They know a lot more about the workings of a pcn than most members of the public do and may well help you to avoid paying.

Coblcris

I reiterate that "the clock needs to be set to the time of the start of the claimed exemption."
In this case that is the arrival time but it is misleading to tell people that to 'the clock should be set to the arrival time' as that is not always the case.