3. Blue Badge Fine- London Tribunal
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Re: Blue Badge Fine- London Tribunal
« Reply #15 on: »
Web Code 902GS064

Did not challenge windscreen PCN (my own fault, just forgot, doh)
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Re: Blue Badge Fine- London Tribunal
« Reply #16 on: »
Looking at the photographs it does seem the BB was not on the dash
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Re: Blue Badge Fine- London Tribunal
« Reply #17 on: »
Yes I think you can forget the clock as I presume it is in a wallet with the blue badge but their only pic of the dash isn't great.

The letter does say it's because of the clock and maybe the CEO saw the BB part on the floor or seat. More likely they've just left that sentence in from a template. Bt it's worth referencing this given the poor quality of the evidence. You'd have to maybe say you can't recall exactly what was on display owing to dealing with needs etc.

Sadly if Havering contest this the adjudicator can't apply mitigation but can make a recommendation perhaps to say Havering should accept the discounted penalty.

But you may as well have a go.



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Re: Blue Badge Fine- London Tribunal
« Reply #18 on: »
Yes, there’s no downside in continuing the challenge. Thanks.
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Re: Blue Badge Fine- London Tribunal
« Reply #19 on: »
their letter is a bit ambiguous

IMO, it's not ambiguous at all:

The Council's Civil Enforcement Officer issued the PCN to your vehicle because the Disabled Person's blue badge Clock was not displayed.

IMO, register your appeal:
1. Contravention did not occur.
Contrary to the council's assertion in the NOR that a blue badge must be accompanied by a clock showing the actual time of arrival, there is no such default position in legislation and no such requirement in the council's traffic management order. It therefore follows that without such a requirement there was no contravention.

2. Procedural impropriety
This could be fleshed out later.
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Re: Blue Badge Fine- London Tribunal
« Reply #20 on: »
Thanks, too late for an appeal as rejected at NTO stage, has to go to London Tribunal
If the BB isn't displayed at all wouldn't the clock be a moot point?
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Re: Blue Badge Fine- London Tribunal
« Reply #21 on: »
An 'appeal' is to the adjudicator. You made 'representations' to the authority.

Not moot. Their rejection was based upon a clock not being displayed. Why should you look behind this to unravel what you think they really meant? This is where the PI grounds come in IMO.

From the Secretary of State's Statutory Guidance:

The authority should give the owner clear and full reasons for its decision on a representation, in addition to the minimum required information.i]The authority should give the owner clear and full reasons for its decision [to reject] on a representation, in addition to the minimum required information.
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Re: Blue Badge Fine- London Tribunal
« Reply #22 on: »
Thanks again, not looking to unravel it at all, looking for the simplest way to challenge

Would appreciate it it if you could break it down a little re the IP as I don't really get what my appeal would state



On the Havering website the statement is pretty clear?



On the Havering website it states

Using parking bays

Vehicles must not be left in a bay without paying or a Blue Badge displayed with the appropriate time clock set.

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Re: Blue Badge Fine- London Tribunal
« Reply #23 on: »
PI not IP
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Re: Blue Badge Fine- London Tribunal
« Reply #24 on: »
This is from the original PCN (online)

Parked in a designated disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner
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Re: Blue Badge Fine- London Tribunal
« Reply #25 on: »
You should look at this as the keeper, not the driver.

The contravention.

1. The driver was required to display a BB in the required position.

2. The authority have stated that the contravention arose because the clock was not displayed.

3. There's no requirement to display a clock.

PI
4. They admit that their NOR is defective and they meant that the BB itself was not displayed = failure to comply with the SoS's Stat Guidance = PI grounds.

5. They stick to their guns and the ONLY issue of dispute is whether a clock was displayed. See The Contravention above.

IMO, pl stop researching this matter from the council's perspective. As keeper you receive a NTO, you make formal reps and you act upon their decision, in this case the NOR.

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Re: Blue Badge Fine- London Tribunal
« Reply #26 on: »
Ok, thanks again, I get it now (I think); the PI is that the council have stated the wrong reason for the contravention in the respect they should have stated "not displaying blue badge"

Do you have a link to the legislation/guidance that states "no requirement to display the clock" so I can include it in the appeal
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Re: Blue Badge Fine- London Tribunal
« Reply #27 on: »
The is the link to havering Council's Traffic Order for the location

https://store.traffweb.app/havering/documents/parkmap/sched/2018%20No.%20110%20and%202018%20No.%20111.pdf

It doesn't mention the clock in the document as far as I can see
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Re: Blue Badge Fine- London Tribunal
« Reply #28 on: »
I agree their mistake with the rejection letter is the way to go and it may get this not contested but it's not cut and dried if it goes to the tribunal I think as they may expand on the evidence from the CEO.

I posted another thread where the clock wasn't displayed in a 3 hour bay and the key cases are here:

Miss Michelle Dhillon - v - Leicester City Council
https://drive.google.com/file/d/1SWPQvyFnxTCIkzz4XHjTBhchA8i-hvKm/view

Mr William Watson - v - St Helens Council
https://drive.google.com/file/d/1j3F5-usOqEk4ZeV4WH8vLjOsB6JaMN5G/view
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Re: Blue Badge Fine- London Tribunal
« Reply #29 on: »
Really helpful, thank you
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  3. Blue Badge Fine- London Tribunal