Free Traffic Legal Advice

I'm in Waltham Forest and my street requires permits between 10am and 4pm. We have a blue badge and a disabled bay which the car is usually parked in, so we apply for the blue badge exemption each year.  This enables us to park on the road or in the bay without having to display the badge. This expired on the 10th and I have been speaking to the council to get it validated since the 9th.

Meanwhile, I displayed the blue badge between 10am and 4pm, totally forgetting that the disabled bay isn't covered by the same timings. Lo and behold I received a PCN at 7am this morning.

Link to images attached.

Any help would be greatly appreciated.


https://ibb.co/album/rKfbp6

?
Blue badges last for 3 years.
The restriction is not timed, does not have max. length of stay therefore if you are parked in a BB bay you can do so just by displaying the badge itself.

Therefore 'Meanwhile, I displayed the blue badge between 10am and 4pm, totally forgetting that the disabled bay isn't covered by the same timings. Lo and behold I received a PCN at 7am this morning.'

You removed your BB or was it still visible?

At present, I can't follow the account.

Also, I've never heard of 'a blue badge exemption, but you hold and were displaying one anyway!

So if your exemption had expired then you can only ask for discretion as a BB holder entitled to the pass. But then if the want to play hardball the PCN states the wrong period for payment saying date of service whilst the regulations state date of contravention most times these will be the same but not always and has won at tribunal 

Hang on.  Please show us your draft first.

Good morning,

I have received a PCN for parking in the disabled bay outside my house.

I am in the process of applying for a blue badge permit. I was waiting on the V5c document to be sent by Motability operations. This is a new requirement which is why I wasn't able to get the permit on time.

I have attached a copy of the blue badge for your information.

The permits team have given me this email and have told me to explain that I am applying for a permit, in the hopes the PCN will be cancelled.


Furthermore, the PCN itself contains a procedural error that invalidates it. Schedule 2 paragraph 2 states
(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred; but, the PCN I received states that payment is due within 28 days from the date of service, not the date of the alleged contravention. This discrepancy constitutes a procedural impropriety that renders the PCN invalid. I refer you to the law @:
 
https://www.legislation.gov.uk/uksi/2022/71/schedule/2

In view of the above, please cancel the PCN.

I've just had an email cancelling the charge!

Thank you!

I was really surprised as Waltham Forest are notorious for ignoring representations.

This is part of the reply

"Thank you for your correspondence in regards to the Penalty Charge Notice (PCN) as
mentioned above.
The evidence you have supplied is sufficient and I can confirm that I have on this occasion
cancelled your PCN."