Two parking tickets for same offence within 24 hour period
Discussion
Myself and my partner have just moved to a new area where we have one allocated space. This means my other half has to find on street parking on or near our road. There are several very short spans of double yellows, which people seem to park on all the time.
My other half left her car on these double yellows over night, and the following afternoon went outside to find that she's received two parking tickets from the council. The first one at 13:43, and the second, the following morning at 9:51. The first one will be paid promptly because she was clocked parking on double yellow lines, so fair enough. It doesn't seem right to me however that she should recieve two tickets for the same offence with only 18 hours in between, with her car having not moved during this period.
My question is, has anyone in here ever experienced anything similar? And does anyone think it's worth appealing against the second one?
Thanks.
My other half left her car on these double yellows over night, and the following afternoon went outside to find that she's received two parking tickets from the council. The first one at 13:43, and the second, the following morning at 9:51. The first one will be paid promptly because she was clocked parking on double yellow lines, so fair enough. It doesn't seem right to me however that she should recieve two tickets for the same offence with only 18 hours in between, with her car having not moved during this period.
My question is, has anyone in here ever experienced anything similar? And does anyone think it's worth appealing against the second one?
Thanks.
Seems reasonable to me. The car was parked in the same place / same restricted area for at least 2 days hence 2 tickets issued. The local council operatives that cover one of the nearby villages to me do the same where people regularly take the piss with the time restrictions in the 20 space car park designed to serve as a pop in / out for the village shops and also with parking on some nearby roads that also have restrictions and DYL's.
Funnily enough there was a car parked on DYL's the other week one afternoon and it had been ticketed. Either the car left and then came back & parked there again or it was, like the OP above, left there for the rest of the day / night and into the next day, so as a result it got another ticket the following afternoon for the same offence.
Funnily enough there was a car parked on DYL's the other week one afternoon and it had been ticketed. Either the car left and then came back & parked there again or it was, like the OP above, left there for the rest of the day / night and into the next day, so as a result it got another ticket the following afternoon for the same offence.
Edited by AlexRS2782 on Saturday 23 September 16:39
Is this similar enough to be useful???
Looks like it can be classed as one continuous contravention.
http://forums.pepipoo.com/lofiversion/index.php/t1...
Looks like it can be classed as one continuous contravention.
http://forums.pepipoo.com/lofiversion/index.php/t1...
pepipoo said:
It depends whether we are talking about the same offence committed multiple times or a continuous contravention over more than one day. In the first case you can expect to get one PCN every time you commit the offence. If your car has not moved then it counts as a continuous contravention and only one penalty should be demanded. However, many LAs are wilfully blind to this rule and insist they can issue a new PCN every 24 hours. There is simply nothing in law that provides for this. If you did NOT move your car, then ask for the CEO's notes and in particular his recording of the position of the tyre valves, which they are supposed to record as this gives a good indication of whether a car has moved or not.
The key appeal case on continuous contravention is this one 2110166557 - go to Londontribunals.org.uk and search in the Register of Appeals. The decision was as follows:
The key appeal case on continuous contravention is this one 2110166557 - go to Londontribunals.org.uk and search in the Register of Appeals. The decision was as follows:
decision said:
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. For the reasons given this appeal is allowed.
Chester draws said:
Is this similar enough to be useful???
Looks like it can be classed as one continuous contravention.
http://forums.pepipoo.com/lofiversion/index.php/t1...
Is a double yellow equivalent to a residents parking bay?Looks like it can be classed as one continuous contravention.
http://forums.pepipoo.com/lofiversion/index.php/t1...
pepipoo said:
It depends whether we are talking about the same offence committed multiple times or a continuous contravention over more than one day. In the first case you can expect to get one PCN every time you commit the offence. If your car has not moved then it counts as a continuous contravention and only one penalty should be demanded. However, many LAs are wilfully blind to this rule and insist they can issue a new PCN every 24 hours. There is simply nothing in law that provides for this. If you did NOT move your car, then ask for the CEO's notes and in particular his recording of the position of the tyre valves, which they are supposed to record as this gives a good indication of whether a car has moved or not.
The key appeal case on continuous contravention is this one 2110166557 - go to Londontribunals.org.uk and search in the Register of Appeals. The decision was as follows:
The key appeal case on continuous contravention is this one 2110166557 - go to Londontribunals.org.uk and search in the Register of Appeals. The decision was as follows:
decision said:
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. For the reasons given this appeal is allowed.
If so, hey cheap airport parking for all.
To answer your first question, no. To answer your second question, yes. I would pay the first, and return (a copy of?) both tickets to say that it was one continuous error/misdemeanour/mistake/offence (choose as appropriate). I would ask it to be withdrawn on that basis, and request their appeal procedure together with policy and the status of that policy in law.
Thanks everyone for your replies.
Based on the above it’s at least worth writing up an appeal. What’s the worst that could happen?
If it comes back saying the second PCN must be paid, then it will be paid. It just rankles slightly because having since spoken to neighbours, it seems that due to the fact that parking on these particular double yellows doesn’t seem to cause anyone any inconvenience, it’s fairly common practice to park there and people have been doing so with no issues for a long time. And then all of a sudden over a 24 hour period, near enough every car on the street gets slapped with not one but two PCNs in rapid succession.
This strikes me as something of a money-making gambit by the local authorities after allowing everyone to be lulled into a false sense of security.
Based on the above it’s at least worth writing up an appeal. What’s the worst that could happen?
If it comes back saying the second PCN must be paid, then it will be paid. It just rankles slightly because having since spoken to neighbours, it seems that due to the fact that parking on these particular double yellows doesn’t seem to cause anyone any inconvenience, it’s fairly common practice to park there and people have been doing so with no issues for a long time. And then all of a sudden over a 24 hour period, near enough every car on the street gets slapped with not one but two PCNs in rapid succession.
This strikes me as something of a money-making gambit by the local authorities after allowing everyone to be lulled into a false sense of security.
Pica-Pica said:
To answer your first question, no. To answer your second question, yes. I would pay the first, and return (a copy of?) both tickets to say that it was one continuous error/misdemeanour/mistake/offence (choose as appropriate). I would ask it to be withdrawn on that basis, and request their appeal procedure together with policy and the status of that policy in law.
Would that also apply if you get more than 1 speeding offence in one journey ?? 
Bristol spark said:
Countdown said:
The "1 ticket because it's a continuous offence" doesn't make sense to me.
If I left my car parked on DYLs while I went on a 2 week holiday would I get just the one ticket?
So its ok for them to slap one of every minute?If I left my car parked on DYLs while I went on a 2 week holiday would I get just the one ticket?
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