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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.

This case highlights and clarifies a number of issues:

• Signs and lines must adequately advise the motorist of the restriction, but do not need to be in pristine condition. Substantial compliance with the regulations is sufficient, but signs must not mislead or fail to inform.
• There is no requirement on the civil enforcement officer to record the model of the vehicle.
• The blue badge concession does not apply when waiting restrictions are in force. When no waiting restrictions are in force, the clock must be set to the time of arrival and three hours parking time is permitted.
• There is no right to an observation period or period of grace.
• The 50% discount is offered to the penalty charge notice only – any further discount is at the council’s discretion.
• The authority has a period of six months to serve the Notice to Owner.

There is no period of grace – any observation period is to collect evidence of an exempt activity. The penalty does not increase after 14 days, the Council must, however, accept a reduced amount (50% discount) if a payment is made closing the case within 14 days.

Some Councils will operate a discretionary five minute observation period to ascertain whether an exempt activity was occurring; for example, loading, but the Council are not required by law to do so.