Free Traffic Legal Advice

My son was dropping of his mum and stopped on double yellow lines (no kerb markings) she is disabled so has a blue badge and he put this on the dashboard as normal.

He helped her out of the car and was just bout to drive away when a traffic warden printed out a ticket and gave to him.

He explained to the warden the badge and situation but was told nothing he can do so my son drove off.

My son appealed but was not found in his favour so has been told must pay the PCN

There's no photo evidence of him on the double yellow, no photos of the badge either just a picture of him driving away.

Yet the authority says that pictures are only secondary evidence and the observations of the warden are primary, so basically they take his/her word that you have committed the offence!

Is there any further appeal than can be made at all please?

https://imgpile.com/p/3Uw4VwB
https://imgpile.com/p/9wdCNAI

Kind Regards for reading.

Thanks for you fast reply.
He was no more then 2-3 minutes to drop her off. (observed as 3 minutes on the ticket)
No he didn’t upload pictures of the BB, should he send them now?

CEOs usually take a picture to show the PCN was served on the vehicle to avoid disputes about service.

You can try going back to them saying the the BB was on display and enclosing it, and in any case you are also claiming the assisted alighting exemption.

They may not respond - you have the next stage to make formal representations. I can't see you losing this.

Is the car logbook up to date with correct name and address?

"Assisted boarding and alighting" is allowed on double yellow lines. You don't need to display or even own a blue badge to use it. Anyone can stop on yellow lines to help their granny / disabled friend / young child into a building.

This PCN shows the venality, rapacity and greed of this council, (no surprise there !!). As 'stamfordman' says, I don't see how you can lose this one, but you have to stand your ground. This means waiting for the Notice to Owner, submitting the reps again, and then, when rejected again, register an appeal at London Tribunals. Of course this means foregoing the discount option.

Question - Whose name and address is on the V5C Registration Certificate ? The NtO will be sent to those details.

My sons name and address is on the V5

I just think its crazy a ticket can be issued without them having photographic evidence of you parking illegally with no permit or BB etc

Just consider the parallels: you weren't the driver, have no first-hand knowledge of events and are taking your son's word...and the officer considering his reps had no first-hand knowledge of events and took the CEO's notes (a 'legal binding document' as they call it and signed by the CEO as being a true record) as being the truth.

In reality, what would you have expected the authority to do given that a copy of the BB wasn't submitted etc? But note the council's comment at the top of page 2 ..'if no further evidence is received'. They've left the door open to your son to provide this at the NTO stage, so let's take full advantage. (Have you actually posted all their response? IMO, the end of page 1 and the top of page 2 are disjointed?)

Based on your son's account, this is winnable, but he gives himself the best chance by setting out the full picture which we could then help him present in the most effective manner.

So, the full sequence pl from why his mother was being dropped off(when, why there and then, is this routine etc.), why he was escorting her(presumably not just a familial sense of responsibility but a necessity based upon her condition), where he escorted her, what did he do then(stay, return to car etc.) and the events at the car?

As alluded to by others, there is a statutory defence based upon 'assisted alighting' which has nothing to do with the display of a BB, so I suggest that if there's any doubt in his mind as to whether the BB was displayed(NB. the council's claim is that 'there was no physical badge displayed' and not that there was one present but obscured or displayed improperly), this is flagged up now.

And a copy of the PCN and original reps pl.