This case confirms that a civil enforcement officer is entitled to observe a vehicle within the ten-minute period of grace provided to motorists who have paid to park. The penalty can, however, only be imposed after the grace period has expired.

Additionally, the case clarifies that paying for a virtual parking session through an app is equivalent to displaying a pay-and-display ticket. A penalty charge notice issued for failing to pay and display, therefore, adequately describes the contravention.

Other points addressed in this case include:

  • the possibility that more than one contravention code can apply (in this instance, parking after the expiry of paid for time could also apply)
  • the principle that other previously determined appeals may be persuasive, but are not binding on an adjudicator
  • a caution that case names and appeal numbers sourced on the web should not be relied upon to support an appeal, without providing the full written decision to the Tribunal.