Author Topic: Blue Badge Fine- London Tribunal  (Read 901 times)

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Blue Badge Fine- London Tribunal
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Hi, I have had a Formal Representation rejected by havering Council for not displaying a Blue Badge in a disabled parking space. The badge was in the car but genuinely slipped off the dash. I explained this to the council and asked them to make a reasonable adjustment but they ignored the request and rejected the appeal. I'm going to escalate to London Tribunal. Any advice on how to approach this? Thanks

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Re: Blue Badge Fine- London Tribunal
« Reply #1 on: »
Quote
Any advice on how to approach this?

For meaningful advice please to have a read of this
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 here all sides of all paperwork to and from the Council, redacting only yr name & address, and a GSV link to the location.

Re: Blue Badge Fine- London Tribunal
« Reply #2 on: »
HI

Appealed the NTO online, first letter and rejection below

Location https://maps.app.goo.gl/DfcxnUoRZTwC6eFg6




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Re: Blue Badge Fine- London Tribunal
« Reply #3 on: »
Rejection Letter [ Guests cannot view attachments ]

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Re: Blue Badge Fine- London Tribunal
« Reply #4 on: »
Date of NoR?
Copy of your reps?

One of these bays?
https://maps.app.goo.gl/GHsaUZ5ZUj2RqTsV7
« Last Edit: January 22, 2025, 03:07:19 pm by John U.K. »

Re: Blue Badge Fine- London Tribunal
« Reply #5 on: »
20th Jan 2025

Online appeal so do not have a copy

Re: Blue Badge Fine- London Tribunal
« Reply #6 on: »
20th Jan 2025

Online appeal so do not have a copy


Can you please summarise what you wrote?

Re: Blue Badge Fine- London Tribunal
« Reply #7 on: »
The NoR suggests that the BB was displayed but no clock. Is that correct?
The photos are too blurred to see what, if anything, was displayed.

Please post up a Google Street View link to the bay.

If you don't have a copy of your representation do you at least know the date they were submitted.

Re: Blue Badge Fine- London Tribunal
« Reply #8 on: »
No, the disabled bay directly outside the M&S sign across the entrance to the M&S car park

Re: Blue Badge Fine- London Tribunal
« Reply #9 on: »
Appeal was 6/12/2024, have requested a copy

This bay https://maps.app.goo.gl/oCF4rFY7mJntUgKc6

To be honest, I'm unsure whether the badge slipped off the dash or if it was just the clock not being displayed, their letter is a bit ambiguous

Re: Blue Badge Fine- London Tribunal
« Reply #10 on: »
The appeal was along the lines

My mother has a valid, in date Blue Badge (which I attached  images of) and was i the car with me
I mentioned that if the Badge was not visible then it may have slipped off the dash when my mother placed it there. Due to her condition her co-ordination isn't as good as it could be. I asked them to make a reasonable adjustment, as specified by the EA 2010, taking into consideration the circumstances

Re: Blue Badge Fine- London Tribunal
« Reply #11 on: »
As I read the NoR they have not re-offered the discount and want payment in full of £110. In that case you might as well appeal to the Adjudicator as you have no financial incentive to do otherwise.

There is a possible defence for not displaying the clock in a disabled bay. To be viable the BB itself had to be displayed. How come you don't know?

Was the original PCN on the car when you returned?

Re: Blue Badge Fine- London Tribunal
« Reply #12 on: »
The original PCN was on the car, I'm quite sure the BB had slipped off the dash

Re: Blue Badge Fine- London Tribunal
« Reply #13 on: »
Did you challenge the windscreen PCN?

The details on the letter don't match a case on Havering's site - have you got the council's pictures?

The rejection says it's the clock not there but there are cases won about not having to have the clock set in a timed bay, and Havering may not even have this stipulation in its traffic order (but can still be won even if it has).

See this ongoing case where I've listed two cases.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/hackney-(code-40)-parked-without-displaying-disabled-person's-badge-in-prescribe/

Re: Blue Badge Fine- London Tribunal
« Reply #14 on: »
Actually my mistake - what is the webcode on the NTO?