Free Traffic Legal Advice

Hi all, I’m new! After some advice pls.
I received a PCN back in September from Barnet council. Reason was I was parked in a restricted street during prescribed hours. I emailed them explaining that I was confused by the PCN because I felt I had done everything right. That before I committed to parking i checked on the Barnet website for blue badge restrictions and I had parked within them. They replied saying I was on a double yellow which is never allowed. I responded with a screen shoot and a link to the councils website that stated the road I parked on permitted blue badge holders on yellows for up to three hrs. They responded back saying that the clock that accompanies the badge was not on display and so makes the blue badge invalid. I responded back with the evidence pictures they had taken that showed the clock and badge both on display. Lastly, they have replied acknowledging that the clock was now on displayed, but was not displayed correctly! I really don’t understand this. I feel like they are just throwing things to see what sticks. I am not someone to use my blue badge to just park anywhere! It is a last resort to park on yellows. And I had made sure it was within the guidelines before fully parking. Advice welcome

https://maps.app.goo.gl/VvnXqJLdeFsL7P4C6?g_st=ic

[ Guests cannot view attachments ]

For meaningful advice please to have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
and post up both sides of the PCN, and copies of all sides of all correspondence to and from the Council. Only redact yor name & address from docs - leave all else in.

Please also post a GSV link to the location.

PCN

[ Guests cannot view attachments ]

You need to put pics on an external host as per the read this advice.

The rejection letters are what we need - the pics don't tell us much and for some reason the amount owing is £40, which is a lower level penalty and not what the PCN says.

So they are insisting no clock was displayed. Their only pic of the dashboard looks like it was and you say it was.

But I can see why it wasn't spotted - is it OK to put it in a. dark case? If not regulation then you can see why it's not a good idea in the dark especially.

Pics are not needed by them - the CEO's notes are sufficient - but it seems to me you may have a good case (or not - pun intended) and you should wait for the NTO.

But wait for other views.

Are you the registered keeper and is the logbook address correct?

No idea why the amount showing is £40. That may change.

As I understand it:

You are exempt for up to an i itial period of 3 hours if the restriction is for a period greater than 3 hours and:

b)a parking disc is displayed in the relevant position on the vehicle marked to show the quarter hour period during which the period of exempted waiting began.


"parking disc” has the meaning given by regulation 8(5);


8(5) In this regulation “parking disc” means a device which–

(a)is 125 millimetres square and coloured blue, if issued on or after 1st April 2000 or orange, if issued before that date;

(b)has been issued by a local authority and has not ceased to be valid; and

(c)is capable of showing the quarter hour period during which a period of waiting has begun.

I'd not go in too hard if the above apply - wait for others- because prima facie your 'parking disc', AKA clock, does not comply.

I don't think the colour of the clock will bother the adjudicator, the purpose of the clock is to show a time which it does. Plus you got it from Motability who should have given you a compliant one and you have used it for years without a problem. You can ask the council to send you a fresh one I think. If not, get one on ebay. Do not pay, fight on.

Just an update on this PCN. I received a letter today stating the NTO and PCN have been withdrawn and cancelled. Thank you all for your advice on this.

[ Guests cannot view attachments ]