Free Traffic Legal Advice

Hi all,

On behalf of a friend again. He’s been issued with a PCN for the following contravention:

Contravention

12 - Parked in a residents' or shared use
parking place or zone without a valid
virtual permit or clearly displaying a valid physical permit or voucher or pay and
display ticket issued for that place where required, or without payment of the
parking charge

He’s under the impression that as a Blue Badge holder, which is clearly displayed, he held a valid permit. He claims he’s parked there before and no issues and no need to display the clock.

Unfortunately, he’s lost the paper PCN so I can’t provide that at the moment - I’ve asked him to look for it and provide asap. But with the info above along with the council

https://imgur.com/a/S9oVLhI

Appreciate your thoughts

Please post up a GSV link to the location where your friend parked.
If the PCN has been lost then how did you manage to get the PCN details on the Hackney website?

Please confirm your friend is not a Hackney resident and doesn't have a Hackney companion e-badge?

The on-street PCN was served on the 15th November. So the 14 day period to pay at the discount rate expires on Tuesday the 28th November. If informal representations (challenge) are submitted within the 14 day discount window then Hackney would normally reoffer the discount if they refuse the informal reps. So you have nothing to lose by having a go. Just get it done by Tuesday.

In Hackney a BB holder cannot park in resident permit only bay. A P&D or a shared use bay bay would have been OK.

I would try mitigation if the location and/or signs don't help. Terribly sorry, I misunderstood the BB rules for resident permit bays, in my borough BB parking in residents' bays is allowed, I made a mistake, it won't happen again, there was no intent to evade a parking charge and so on.

Also it seems that Hackney are planning to change their rules so that BB holders can park in permit bays. They're having a consultation about it. So suggest that it wouldn't be in the interests of justice to enforce a PCN when they're about to change the rules and eliminate the alleged contravention.

Please see top of this page.
And also see here.

GSV view is August 2022

I could go with mitigation and cite those plans to allow BB holders to park on resident bay, but what about the statutory right for BB holder’s exemption I posted earlier?

He is not a Hackney resident and doesn’t hold a companion e badge

9(1)a doesn't apply. This isn't a pay and display bay.
9(1)b doesn't apply. The bay isn't time limited.
9(1)c doesn't apply. There is no restriction on returning and re-parking.

Whose blue badge was on display?

Quote from: Incandescent on November 25, 2023, 09:53:07 am

GSV view is August 2022

Judging from the CEOs photos the council seem to have rubbed it all off

GSV June 2008 shows a Blue Badge bay with legend and sign. GSV May 2012 shows the legend as removed and the sign changed.

That's more than 10 years ago so I don't expect it helps. 

When you write to the Council please attach a copy of both sides of the BB and make it very clear that the BB holder was present in the car.

I still suggest your best bet is to plead mitigation and play on the angle that the Council is about to change the rules so the contravention alleged will no longer exist in the circumstances of your case.

I’ve been a blue badge holder for X years and have always adhered to the rules. Nevertheless, I understand that Hackney council have initiated a Blue Badge parking statutory consultation Traffic Order TT1661 in a bid to change these very rules that would permit Blue Badge holders to park in permit bays.

Earlier you told us that the BB belongs to your friend's Mother and that she was "with" him at the time. Implying that Mum was in the car.

Is this Mum's car or is it your friends car? Whose name is on the V5c reg doc?

Quote from: iispartan on November 25, 2023, 03:57:50 pm

I’ve been a blue badge holder for X years and have always adhered to the rules. Nevertheless, I understand that Hackney council have initiated a Blue Badge parking statutory consultation Traffic Order TT1661 in a bid to change these very rules that would permit Blue Badge holders to park in permit bays.

Earlier you told us that the BB belongs to your friend's Mother and that she was "with" him at the time. Implying that Mum was in the car.

Is this Mum's car or is it your friends car? Whose name is on the V5c reg doc?

I believe it’s a mobility car so the mother is RK. I was writing as if RK but will rephrase to reflect he was driving and she was with him.

Traffic order: https://store.traffweb.app/hackney/documents/parkmap/sched/2018-414,%20415.pdf
Map tile: https://store.traffweb.app/hackney/documents/parkmap/msched/AE20_rv36_2.pdf

For future reference, he could just park on the opposite side of the road on the double yellow lines, as there's no loading prohibition on that side of the road.

I agree that a plea for discretion is the best strategy at this point.