Rochdale Borough Council PCN Code 40 parked in a disabled parking spot without a badge Milton Street Central

Went shopping with my carer on 10th February and parked in a disabled parking spot on Milton street central. Displayed my badge. Just went in Marks & Spencer. Was approximately 20 minutes. Came back to a code 40 penalty charge notice issued at 14:36. We returned at 14.44. Took a time stamped photo clearly showing the valid badge. I did however forget to set the clock which was showing 7pm. The sign says disabled badge holders only 3hrs. No return within 1 hr. I don’t feel that code 40 is correct as the valid badge is clearly displayed so if there is a penalty I feel it should be a code 30 for overstaying although I feel they should have to prove it. The traffic wardens are always patrolling that street so he will have known I wasn’t there on his last "patrol".

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Post the PCN both sides no redactions.

Two things.

1 The clock is so wildly wrong they should use discretion as an honest mistake.

2. This is a 3 hour limit bay and we have key cases that the clock is not necessary and often it is not even stipulated in the authority's traffic order.

Here is the PCN. Hope you can see it okay.

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Oops here is the back

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Rochdale doesn't have pics online.

The PCN just says 'not displaying a valid disabled person’s badge' and the usual words 'in the prescribed manner' are missing so I'd say there was a valid badge and the contravention did not occur. Plus the clock isn't necessary anyway.

here?

There are 2 signs near the spaces saying 3 hours no return within 1 hour. I should know but I’m not sure if that means you have to set your "clock" which I forgot to do?

I think you can send the below. But wait for others to check the PCN and/or offer anything else.

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I am challenging the alleged contravention of 'Parked in a designated disabled person’s parking place without clearly displaying a valid disabled person’s badge' as this contravention did not occur.

I displayed my valid disabled person’s badge on the dashboard.

I enclose a picture of the badge for your inspection.

Thank-you Stamforman. That sounds good! He did not give me a penalty for overstaying just not displaying a valid badge which I did. And I will wait just in case there is anything else.

Update. They cancelled my penalty as it was a "first offence". The reason I got the ticket they said was for "The vehicle was parked in a designated Disabled persons’ parking area without a
valid Disabled Blue Badge / disc/time clock displayed in accordance with the
conditions of use of the Disabled parking scheme.
The disc/time clock displayed for inspection in the vehicle alongside the Disabled
Blue Badge was set to show the time of arrival of the vehicle at the location of the
contravention as approximately 7:00 (see the enclosed photo images). The
vehicle had therefore been parked in excess of the maximum permitted stay of 3
hours clearly indicated by signage". The clock was not mentioned on the penalty notice. Still I’m happy. It’s worth appealing, there is nothing to lose.  

Good.

It was bound to be the clock but the contravention makes no mention of displaying the badge in the 'prescribed manner' so they were on a loser, not only with the wording but with the cases we have deciding that the clock is not needed in timed disabled bays, although it would be interesting to see how we'd approach a clock with the wrong time (given this one was wildly out I don't see an issue).

Yes. I think they issued the wrong contravention so maybe they wouldnt have been able to enforce it. Well at least I know to be more careful. I didn’t read the handbook enough. I thought you only needed it on double yellows apart from loading or unloading.

Yes best to set the clock but for your info see these cases:

Miss Michelle Dhillon - v - Leicester City Council


Mr William Watson - v - St Helens Council

Thank-you again Stamfordman. You have been so helpful, especially the links which are exactly what happened to me. I shall make a note of them just in case 😀