Author Topic: Leeds City Council PCN Sunday Disabled bay Time clock "wrong"  (Read 502 times)

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UKdave

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Re: Leeds City Council PCN Sunday Disabled bay Time clock "wrong"
« Reply #30 on: March 20, 2024, 03:33:01 pm »
@UKdave here are my points that you can copy and paste.

I concede that when I parked in the disabled badge holderís only limited waiting parking place I failed to set the parking disc clock to show my correct time of arrival. I can advise that in reality I had not parked for longer than the permitted 4 hours when the PCN was issued. I apologise for this oversight and acknowledge that by displaying an incorrect time of arrival it gave ground for your CEO to issue a penalty charge. .....



Sent you a DM. Thank You

Phantomcrusader

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Re: Leeds City Council PCN Sunday Disabled bay Time clock "wrong"
« Reply #31 on: March 20, 2024, 04:06:47 pm »
@UKdave. HCA makes a valid point. You can include a procedural impropriety angle because the code 40 contravention description on the PCN does not match the description as set out in Annex B to the Secretary of State's Statutory Guidance. If it were me I'd amend my second paragraph to read:

Quote
However, the incorrectly set parking disc clock did not invalidate the disabled personís badge as alleged by the PCN. The parking place is for disabled badge holder use and therefore The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 are not applicable here because I was not claiming any exemption. I do not need exemption to park in a parking place that is specifically provided for my use as a disabled badge holder. A wrongly set parking disc clock does not invalidate the disabled personís badge that was displayed. The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 under regulation 3 identifies a disabled personís badge and parking disc clock as being independent items and no where do these regulations stipulate that any failing with setting the clock invalidates the disabled personís badge. Consequently, the alleged contravention did not occur as my disabled personís badge was not invalid. I must also point out that the code 40 description used by the Council fails to follow the code 40 description set out in Annex B to the Secretary of State's Statutory Guidance and this failing is a procedural impropriety as the Council must have regard to this guidance.

UKdave

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Re: Leeds City Council PCN Sunday Disabled bay Time clock "wrong"
« Reply #32 on: March 21, 2024, 10:02:47 am »
Gentlemen (forgive me for assuming your gender  ;D ) ~ as this great resource often proves, challenging City Hall is not an exact science.

I live in Leeds, and "Leeds City Council" does not, in fact, exist ... it's but a collection of buildings staffed by an ever changing shuffling bolus of flawed humans, on any one day each may be having a bad one, all bristling with different human bias & quota pressures & agendas & extreme political affiliations & ages & experience levels & personal issues

Mistakes are made, of that there is no doubt, right?

Thank you, all contributors, for taking the time to look at my case & telling me how it looks thru your own individual lenses

I'll let y'all know what happens

cp8759

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Re: Leeds City Council PCN Sunday Disabled bay Time clock "wrong"
« Reply #33 on: March 31, 2024, 02:05:49 am »
@UKdave I'd like to apologise for my previous absence from this thread, this is actually a really simple case and essentially a replica of Michelle Dhillon v Leicester City Council (LE00087-1812, 30 January 2019) and William Watson v St Helens Metropolitan Borough Council (SZ00006-2002, 11 March 2020), I was the advocate in both cases.

I gather you have made formal representations, it's not too important what you said as long as you put something in. If the representations are rejected I'm reasonably confident I could win your appeal as well if you wanted to instruct me as your representative.

Whether you chose to instruct me or do a DIY appeal, please do not be tempted to pay just because the council tries to tempt you with the discount.

H C Andersen has been subject of complaints in the private parking forum and as a result he is now on a posting holiday till the end of next month, if I had any qualms about whether the posting holiday was warranted those concerns have been removed now that I've looked at this thread. This is a really straightforward case and there really shouldn't have been any debate around something that is reasonably clear-cut: the disabled badge was displayed as required by law and that really is the end of the matter.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

UKdave

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Re: Leeds City Council PCN Sunday Disabled bay Time clock "wrong"
« Reply #34 on: April 02, 2024, 07:47:15 pm »
Sir, I am most grateful for this clarification

Should LCC reject the reply I authored to their NTO, I will indeed proceed to adjudication & would be most grateful for your insight & input at that time

Also grateful for the links to those precedents / decisions, which are as you say almost carbon copies of this case

Obliged to you Sir

cp8759

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Re: Leeds City Council PCN Sunday Disabled bay Time clock "wrong"
« Reply #35 on: April 03, 2024, 12:22:24 am »
When you get the notice of rejection please post it up on here and please do not file an appeal without seeking our guidance first.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order