Expired Meter or Pay-and-Display Fine Appeal

Expired Meter or Pay-and-Display Fine Appeal

Overstaying at a meter or pay-and-display bay is one of the most common parking contraventions. But there are several defences available, including the 10-minute grace period, broken meter, and observation period issues. Here is how to handle this type of fine.

The 10-Minute Grace Period

Since 2015, a statutory 10-minute grace period applies to all on-street council parking in England (under the Deregulation Act 2015). This means:

• If your paid parking time expires, you have an additional 10 minutes before a PCN can be issued
• The grace period applies to meters, pay-and-display, and parking app payments
• It applies in every English council area (separate rules in Scotland, Wales, and Northern Ireland)

Important: The 10-minute grace period applies only to council on-street parking, not:

• Private car parks (though a separate grace period exists under the BPA/IPC codes)
• Off-street council car parks (councils can choose whether to apply it)
• Scotland, Wales, or Northern Ireland (though some councils there apply their own grace periods)

The Observation Period

Before issuing a PCN, a CEO must observe the vehicle for a minimum period to confirm the contravention. For an expired meter, the observation period should be at least 5 minutes (plus the 10-minute grace period, where applicable). If a PCN was issued without an adequate observation, this can support an appeal.

Broken Meter Defence

If the parking meter or pay-and-display machine was broken when you tried to pay, this is a valid defence. However, it is not as simple as just claiming the machine was broken:

What counts:

• The machine did not accept coins (or cards, where applicable)
• The machine did not issue a ticket after payment
• The machine was displaying an error message
• The machine was physically damaged or vandalised
• The touchscreen was unresponsive

Evidence needed:

1. Photos of the broken machine (ideally showing the error or fault)
2. Your bank statement showing an attempted card payment that was rejected
3. Testimony from other drivers who also found the machine broken
4. A note left on your dashboard explaining the machine was broken
5. Evidence that you attempted to find an alternative payment method (nearby machine, parking app)

Important: If there was a working machine nearby, you are generally expected to use it. The broken meter defence is strongest when all nearby machines were broken or you had no reasonable alternative.

Meter Feeding

"Meter feeding" is the practice of returning to the meter to add more time after your initial payment expires. Many councils prohibit this:

• Council on-street parking: Many bays have "No return within [X] hours" or "Maximum stay [X] hours" restrictions. Even if you pay for another period, staying beyond the maximum stay or returning within the no-return period is a contravention.
• What counts as meter feeding: Paying for a second period immediately after the first expires, without moving your vehicle.

If you received a fine for exceeding a maximum stay, even though you paid for additional time, the council may argue you contravened the maximum stay restriction. Check the signage for maximum stay and no-return periods.

Common Contravention Codes

• Code 05: Parked after the expiry of paid-for time
• Code 06: Parked without a valid pay-and-display ticket or voucher displayed
• Code 07: Parked with a pay-and-display ticket or voucher that has been altered or expired
• Code 19: Parked in a residents or shared-use bay without a valid permit or payment

Parking Apps

Many councils accept payment through parking apps (RingGo, PayByPhone, JustPark, etc.). If you paid via an app:

• The app confirmation is your proof of payment. Screenshot it.
• If there was a system delay (the app charged you but did not update the council's system), this is a valid appeal ground.
• If you accidentally entered the wrong bay number or location, you can appeal by showing payment was made for the correct date and time.
• If the app crashed or would not process payment, take screenshots of the error and attempt to find an alternative payment method.

How to Appeal

For council PCNs:

1. Informal challenge: Contact the council explaining the circumstances. If the grace period was not observed, or the meter was broken, state this clearly with evidence.
2. Formal representations: Cite the specific ground (the contravention did not occur, or there were compelling reasons).
3. Tribunal appeal: Expired meter cases are common at tribunal. Adjudicators are familiar with grace period rules, broken meter defences, and observation period requirements.

For private parking charges:

The 10-minute grace period under the Deregulation Act does not apply to private car parks. However:

• The BPA/IPC Code of Practice requires operators to provide a "consideration period" of at least 10 minutes
• Overstaying by a few minutes may be disproportionate grounds for a full charge
• Appeal via POPLA or IAS if the overstay was minimal and there were mitigating circumstances

How Long Were You Over?

The length of the overstay matters for the appeal outcome:

• 1 to 10 minutes: The statutory grace period should have covered this (council on-street). If a PCN was issued, it was issued prematurely.
• 10 to 20 minutes: Beyond the grace period but still a relatively short overstay. Mitigating circumstances can help (took longer than expected in a shop due to a queue, medical appointment overran, etc.).
• Over 20 minutes: Harder to argue mitigating circumstances, but broken meter, app failure, or other defences may still apply.

Practical Tips

1. Always set a phone alarm when you park at a meter, with 5 minutes to spare
2. Take a photo of your pay-and-display ticket or app confirmation
3. If the meter is broken, photograph it and try the next nearest machine
4. If using a parking app, screenshot the confirmation
5. Know the maximum stay and no-return periods for the bay
6. Remember that the 10-minute grace period exists; a PCN issued within 10 minutes of expiry is premature