Leicester, PCN01, BluBadge, partial parked in a restricted street

I can't see anything needed other than 'The contravention did not occur as my blue badge, which was clearly pictured by your CEO as displayed, is an exemption.'

IMO, the problem with this approach is that, although correct in law, it does not provide any reasoning.

The starting point is that the authority's employee, the CEO, has already issued a PCN in circumstances where the law does not allow.

But they did.

So, simply saying 'it's not correct' is unlikely to win the day at the NTO stage.

I suggest you provide reasons. These might cause them to think, challenge received wisdom and give proper consideration, but if not then at least you have a template for an appeal.

One would expect an adjudicator to know the law but sure could add:

I understand your concern about footway parking and I undertake not to park like this again. But the blue badge exemption applies to all areas controlled by yellow lines provided there is no loading restriction in place.

The relevant legislation I believe is:

The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000, reg 8:

Thank you all for your input. I have prepared a draft for the formal representations to the NtO

RE: Penalty Charge Notice : LE31987878

I refer to the above PCN.

I made informal representation for this PCN stating that the Blue Badge with the clock was correctly displayed.

However, you rejected that via your letter dated 10th Jan 2025 with the following:
"You were issued a PCN for parking on the pavement beside a double yellow line...."

and further down in the letter it also states the following:
"The PCN was issued as you vehicle was parked on the pavement"

I am still of the opinion that the alleged contravention did not occur and base my challenge on the following legislation:
The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000, reg 8

(2) An order to which this regulation applies shall include an exemption from the prohibition in accordance with whichever of paragraphs (3) and (4) is appropriate in favour of any vehicle displaying a disabled person’s badge in the relevant position.

Based on the above, the blue badge exemption applies to all areas controlled by yellow lines provided there is no loading restriction in place.
Which in this case you have confirmed in your letter dated 10th Jan 2025.

In as far as your statement "The PCN was issued as you vehicle was parked on the pavement" is concerned than the contravention code 01 is wrong.
The contravention code for parking on the pavement is 62. Having a blue badge however entitles me to park partially on the footpath as there was no suitable parking available at that time.

I hope the above would suffice in cancelling the PCN and I await confirmation of the same.


Thank you


Any suggestions on my draft

Could do with a bit of tidying up - I don't think they did:
'Which in this case you have confirmed in your letter dated 10th Jan 2025.'

See if HC Anderson will oblige.

@ stamfordman

What I’m trying to say is that in their reply letter they have confirmed there there were no loading restrictions on the DYL

But you may be right needs a bit of tiding up or rephrasing.

@ HC Anderson - Any feedback on my formal presentations?

thanks

I'll have a look at this tomorrow.

I've redrafted as below.

---------

I am repeating my challenge that the contravention of parked in a restricted street during prescribed hours did not occur.

I correctly displayed my Blue Badge and clock to claim the 3 hour exemption afforded to disabled drivers when waiting on yellow lines under the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000.

In your rejection of my informal challenge you refer to a different contravention of footway parking: "You were issued a PCN for parking on the pavement beside a double yellow line... The PCN was issued as you vehicle was parked on the pavement."

While a contravention of footway parking may well have occurred this is not the contravention on the PCN issued to me.

I parked partially on the pavement as there was no other suitable parking available at that time for me to WHAT WERE YOU DOING as a disabled driver.

As the contravention did not occur I await early confirmation this time of cancellation.

Thank you

Thank You @stamfordman for your re-draft.

I have a quick question

The NtO is dated 12th Feb 2025 and I get 28 days to either pay or challenge so before 12th March.

Should I wait till around the 9th or 10th and then challenge or should I send it now?
Just trying to see if it makes a difference. 

Send it now - online is best. There's no reason to delay.