Free Traffic Legal Advice

Hi Everyone,

I have been kindly advised to re post here having already posted this topic in another forum. Hopefully I can get some advice on the matter. For reference, here is the old post: http://forums.pepipoo.com/index.php?showtopic=149694

I received a PCN in somewhat peculiar circumstances. My partner is disabled, and we have a valid disabled badge for our car.

We were passing through the croydon area, when my partner desperately required the bathroom due to one of her debilitations. Knowing there was a shopping centre nearby, i found a street close, and approaching where I parked, looked up in a rush and saw only the one way sign on the lamp post. I parked at the first opportunity where there was no one else parked.

I displayed the badge correctly, and we moved quickly for the centre walking away from the car from the passenger side. Across the street walking by was a CEO. Passing by in a hurry, I asked if it was ok to park where I had as my partner desperately needed the bathroom and was disabled. He said, I quote, 'That’ll be fine, it’s on a single yellow, no worries.’ Feeling reassured, we hurried for the centre.

We returned to the car from the passenger side. After letting my partner in, I opened the driver side door, and saw a yellow PCN envelope on the ground between my car and the lamp post. The envelope appeared a little mangled, and had half of it stuck to itself. I opened it out of curiosity, to reveal it was indeed for my car. Confused, I stepped out, and It was then I looked at the post and spotted the No Loading sign.

Sadly, I had made an error, and missed the clear blips on the road due to the situation I was in and not seeing them as other cars were parked right behind where I stopped.

Here is the original PCN:

PCN Front - https://ibb.co/x3hQ4qs
PCN Back - https://ibb.co/5MssCjh
My Photo - https://ibb.co/brsZkc1

Since then, I made the following representation within the discounted period:

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I parked my vehicle on 19th April 2023 at Firth Road whilst I urgently assisted my disabled passenger.

We were passing through the Croydon area, and unfortunately due to her disabilities and IBS, she suddenly desperately required the bathroom. I stopped at the earliest opportunity in order to try and find a public restroom.

Due to the time sensitive nature of the situation, as I entered Firth Road, I saw it was a single yellow line throughout, and the earliest opportunity to stop was where I parked.

I hurriedly displayed our disabled badge, and rushing out of the car, we encountered a CEO on the street opposite. I quickly pointed out my car and asked if where I was parked was alright as my partner needed a restroom urgently due to her disabilities. He responded, 'That’ll be fine, it’s on a single yellow, no worries.’

Upon returning to my vehicle approximately 30 minutes later having attended to my Partner and ensured her safety and comfort, I was horrified to discover that a PCN had been attached to my windscreen. We were very confused having been advised by an on duty CEO it would be ok.

I enclose a copy of both the front and back of the Blue badge, together with my passenger’s disability documentation for reference.

There was no intent or purpose to evade any parking restriction. I sincerely apologise for this occurrence but it is one which is unfortunate and unforeseen.

I would therefore kindly request your discretion, given the circumstances, in cancelling this PCN.

Thank you and kind regards

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And subsequently received the following response:

Page 1:
https://ibb.co/Vg15xVS

Page2:
https://ibb.co/njCnfc1

Page 3:
https://ibb.co/Zz4pZxK

Page 4:
https://ibb.co/RT0vXVv

Choosing to take others advice, I decided to indeed wait for the NTO and try and fight our corner to see if anything could be done.

------

It has been a while, and in typical fashion, today I received the NTO much later than anticipated. So late, in fact, I have but 2 days, if I’m counting correctly, to put together a representation. Here are the 3 pages received:

Page 1
https://ibb.co/X8jzRw7

Page2
https://ibb.co/VQnGHLP

Page 3
https://ibb.co/RyVxz38

I have read the NTO carefully, and can’t see any procedural impropriety, however I am not as well versed as many of you are, so I may have missed something.

I suppose my questions now, given the limited time I have to respond online, are:

1. Are there any procedural improprieties anyone has spotted that I have missed?
2. Is there a way to ask for any additional time to form a representation, given the delay in the post of the NTO?
3. Should I simply copy and paste my previous representation?
4. If not, would anyone have any advice as to what to include and the best way to form it for the new representation?

@cp8759 Thank you for your post elsewhere, I have read the Carl Peters v Cheshire West and Chester Council result. It is encouraging, although there, the driver themselves were in trouble, rather than a passenger the driver may have been attempting to assist. Is there any way you can imagine my referencing this case, so I could perhaps utilise it in my representation?

Thanks again to everyone for their time and knowledge in advance, it’s greatly appreciated!

I diagnosed medical condition that can lead to an unexpected urgent need to use a toilet woyld be consideredd as beyond your control(an exemption) also from your narritive there is an argument that service has not been properly effected but we need to see all the council photos You have until the 25th to submit representations so act quickly to show us the photos and give an indication of the medical condition then we can help draft a representation

The problem is, the PCN was correctly issued on the surface. Blue badges can be used on ordinary yellow lines, but not where there are stripes up the kerb.

You're going to have to go hard for the emergency/disability thing - it's all you've got here. There's also an argument for 'assisted boarding and alighting' if she needed help to get in/out of the car and to the facilities. That's allowed in places that have stripes up the kerb.

One key point is that the mitigation put forward needs to be compelling.

Ok without being disrespectful to others You are not asking for mitigation but claiming a legal exemption of stopped for reasons beyond your control and or a medical emergency. The BB is an irrelevance so do not even mention it.

Draft a challenge and post it here and se will tidy it up for you. Start with the medical conditions creating an overwhelming need for the toilet explain the pain that is caused, also point out that you are the carer to your  and that you had to accompany them. Then make  the point that the PCN was not on your car but on the floor next to it point out the backing had not been removed and that the PCN was not in the envelope just stuck to a part of the adhesive strip. As for the uniform point out that you spoke to a CEO and checked that you would be OK where you were parked and they said yes, then ask for confirmation that the CEO was authorised and in the correct uniform that would allow them to issue a PCN 

I would add at the end of paragraph 2 only, Subsequent research shows that in the case of a medical emergency as this was no BB would be required 

Draft representations which include all the points made above:

Hi Everyone,

A brief update, I have received a letter to say in this instance, the PCN has been cancelled.

https://ibb.co/5TwC0SD

It would appear it may have been a discretionary decision, as they upheld the PCN was issued correctly.

Nevertheless, it is one less thing to worry about now. Thanks to everyone for their time and help with this one, it's greatly appreciated.

All the best to all!