It looks like Edinburgh Council could soon be refunding vertain types of parking PCNs, after it was found that they didn’t have the authority to issue them in the first place.
The matter seems to concern double-parked vehicles, which in Edinburgh is apparently a matter for the Police (as the vehicle would be causing an obstruction). According to an upheld appeal made by a double-parked driver, the Council have been issuing PCNs to double-parked vehicles for parking outside of a permitted space. It seems however that by not being parked in the parking space itself, it was decided that he should not have been issued the ticket. The adjudicator said:
“It is clear from the council’s photographs and from all of the rest of the evidence the appellant’s vehicle was, in fact, double parked beside a row of permit spaces. If that is so, then his car cannot have been parked in a permit space and so he cannot be guilty of the contravention stipulated in the penalty charge.”
There are no figures available to shed any light on how many PCNs could be affected by this decision, so it could be that the Council take a wait and see attitude to see how mny drivers follow this up. It’s worth noting that it was never in dispute that the driver double-parked (and therefore doesn’t reflect well on him), but it also shows that Councils need to be careful they don’t overstep their authority.