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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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I parked my car on Chalk Farm Road and paid maximum

Resolved Question:

I parked my car on Chalk Farm Road and paid for the maximum 2hrs at a cost of £3.40. The time ended at 20:47 and I returned to my car at 20:57 to see the Parking Attendant placing a ticket on my car. My question is: I recently heard through the media that as car drivers we should be given at least 20 minutes free time. Do I have a case to appeal this penalty notice.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Who is the issuer of this fine?
Customer: replied 2 years ago.

Camden.

Expert:  Jo C. replied 2 years ago.
Camden borough Council?
Customer: replied 2 years ago.

Yes. Camden Borough Council.

Expert:  Jo C. replied 2 years ago.
Thanks.
What is the contravention code? Usually In the top left of the PCN
Customer: replied 2 years ago.

Traffic Management Act 2004 code 05u.

Expert:  Jo C. replied 2 years ago.
Does it give you a contravention code?
Customer: replied 2 years ago.

Contravention code:05u

Expert:  Jo C. replied 2 years ago.
OK. This is definitely over staying then. I had hoped they had the contravention wrong.
I'm afraid what you heard relates to either private land fining or the period of grace applies to commercial vehicles to rebut the defence of loading. That doesnt apply here because you had bought a ticket and over stayed so loading falls away and anyway this is not a commercial vehicle.
You can always put them to proof on things like adequacy of signs. Sometimes they do just throw theri hand in and it is rare that they prepare for tribunals properly. You might succeed but it is obviously a risk and you do need to bear in mind that this doesn't give you a positive defence.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I am a little confused as I was parked in a designated public area. Could you also please clarify the recent media notification that drivers should be given 20 minutes free time.

Expert:  Jo C. replied 2 years ago.
As I said really, what you would have heard would either relate to private land fining or commercial vehicles rebutting the defence of loading.
The media isn't a reliable source of legal advise anyway.
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