Free Traffic Legal Advice

Hey all,

On 4th November, outside Hackney Service Centre on Hillman Street, I received a PCN for parking in a disabled bay without displaying a disabled person’s badge in the prescribed manner.
I did display the blue badge but not the clock.

I go for an appointment there every 1-2 weeks but I don’t remember noticing the time restriction or displaying my clock before. I've probably just been lucky not to get fined until now as I’ve checked on Google Maps Street View and the time restrictions are clearly displayed.

I suspect I’ll have to pay; however, I thought I’d better check here first! Can anyone see a way to challenge this before I make the payment?
I have just noticed the PCN hasn't been signed by the Civil Enforcement Officer, if that helps..?

PCN and council photos: https://imgur.com/a/OTcvX3d
Location: https://maps.app.goo.gl/KMvtsw1CbVPs3f3o8

Many thanks for your time and advice.

We've had a number of battles with councils on using the clock in a time-limited bay. Point is bays for general parking don't require a clock.

This is a 3 hour bay - when did you park and leave? PCN time is 16:30.

So don't pay - one of us will dig out cases on this.

Hey,

Just wondering if anyone has found the relevant cases yet, or should I just send in Daim456's suggested letter of representation without them?

Thanks for your time!

You should have challenged but now you should wait for the NTO. Are you the registered keeper and if so are the name and address on the V5C logbook correct?

The cases below are key. It's possible Hackney has written a requirement into its traffic order for the clock but probably not but even if so the second one says they should still lose.

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Miss Michelle Dhillon - v - Leicester City Council
https://drive.google.com/file/d/1SWPQvyFnxTCIkzz4XHjTBhchA8i-hvKm/view

Mr William Watson - v - St Helens Council
https://drive.google.com/file/d/1j3F5-usOqEk4ZeV4WH8vLjOsB6JaMN5G/view

Hackney's order:

https://store.traffweb.app/hackney/documents/parkmap/sched/2018-414,%20415.pdf

I can't see it differs from the Leicester case.

Don't include links to the cases you are using to support your representation/challenge. They won't use them. Instead save or print the case documents to PDF files and upload them onto the Council's challenge system. There'll be an option to do that somewhere on the challenge portal. Reference the documents in the text of your representation/challenge, if you want them to read them.

You can also upload your representation/challenge as a PDF file to maintain any formatting. Just put in the appeal details box something like "Please see uploaded file nnnnnn.pdf".

Thank you both for your feedback and tips, I've incorporated your suggestions. Which of these drafts should I send?


Dear London Borough of Hackney,

I have parked on a disabled bay and I have displayed my valid Blue Badge which is clearly displayed from the windscreen as shown in the CEO's photographs.

I forgot to make an informal challenge questioning the PCN but I'm assuming it was because I did not display the parking clock.

I did not display my parking clock as I was in a rush to attend an appointment. However, according to the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000, this is not a requirement when parking in a disabled bay.

Regulations 11 and 12 of the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000 sets out the requirements for the display of a Blue Badge. There is no reference in the Regulations to a parking clock or disc.

The only reference to a disc or clock is in the Local Authorities Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 where it must be displayed in circumstances where the display of the badge provides an exemption from a yellow line waiting restriction (see Regulation .

Therefore, no contravention has occurred and the PCN must be cancelled.


Regards,



OR


Dear London Borough of Hackney,

I have parked on a disabled bay and I have displayed my valid Blue Badge which is clearly displayed from the windscreen as shown in the CEO's photographs.

I forgot to make an informal challenge questioning the PCN but I'm assuming it was because I did not display the parking clock.

I did not display my parking clock as I was in a rush to attend an appointment. However, according to the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000, this is not a requirement when parking in a disabled bay.

Regulations 11 and 12 of the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000 sets out the requirements for the display of a Blue Badge. There is no reference in the Regulations to a parking clock or disc.

The only reference to a disc or clock is in the Local Authorities Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 where it must be displayed in circumstances where the display of the badge provides an exemption from a yellow line waiting restriction (see Regulation .

In the similar appeal cases of ‘Miss Michelle Dhillon - v - Leicester City Council’ (2019) and ‘Mr William Watson - v - St Helens Council’ (2020), the adjudicator used these grounds to rule the alleged parking contravention did not occur.

Therefore, no contravention has occurred in this instance either and the PCN must be cancelled.


Regards,

Brilliant, will do. Thanks!