Before making a challenge or representation, you may wish to consider whether you have grounds to make it. The Council consider each case turns on the individual merits explained. The Council is open and transparent in the manner which enforcement takes place. With that in mind here are some common grounds for appeal and the current default position the Council adopt before the individual circumstances are considered.
The parking restrictions were unfair
All parking restrictions within Derby have had careful consideration when being introduced, parking restrictions are in place for numerous reasons and are all covered legally by a Traffic Regulation Order (Parliament website).
I had gone to get change for a pay and display machine
The law is quite explicit on this matter. The law expect every driver wishing to park within a pay and display bay to already have the required change on their person to pay for a display ticket. There is case law which has considered the aspect of drivers obtaining change, Strong v Dawtry, which was heard at a sitting of The Queen's Bench Division on 2 March, 1961. Lord Parker C.J., Winn and Widgery JJ made up the bench.
I only parked for a few minutes
The moment you park in contravention of a restriction you become liable to receive a Penalty Charge Notice if you were not able to enjoy an exemption. The length of time does not matter if you are parked where you shouldn’t. Our Civil Enforcement Officers will generally inspect the vehicle and once it is determined the vehicle is not enjoying an exemption a Penalty Charge Notice will be issued.
I was not causing an obstruction
Certain areas on the roads such as a bus stop with a clearway sign are areas where vehicles cannot stop for any length of time, unless you are driving a Bus or Hackney Carriage. This means as soon as you stop in a bus stop with lines and signs, you are instantly liable for a Penalty Charge Notice. The Council use enforcement cameras at some locations where there is a casual disregard for the restriction and where other, more traditional enforcement measures have failed. It should be noted that drivers do not have the decision of ‘I wasn’t causing an obstruction’ or ‘There was no bus there’ to make, the Council have already made the decision that stopping for any period of time is prohibited.
There was nowhere else to park
It is your responsibility as the driver to follow all parking restrictions which will be signed and/or lined clearly. If you fail to do so, you will be liable for a Penalty Charge Notice.
I was unexpectedly delayed
It is your responsibility as a driver to be aware of the expiry time on your pay and display ticket. Legislation allows drivers a ten minutes period at the end of their paid for parking time to account for delays. That means if your Pay and Display ticket expires at 10:00am your vehicle would not be liable for a Penalty Charge Notice until 10:11am.
I was not aware of the parking restrictions / I did not see the signs and / or lines
It is your responsibility as a driver to be aware of all parking restrictions around you which will all be clearly lined and/or signed to inform you of the surrounding parking restrictions. Drivers are expected to make diligent enquiries upon parking. We often hear ‘I checked for the signs when I received a ticket and found them’. These type of enquiries are what drivers should make when initially parking.