Author Topic: Harrow PCN Parked in residents bay without valid permit, BB holder, half of badge fell off dashboard  (Read 1045 times)

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stamfordman

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You raise a very good point we should have thought of and should be added.

Assisted alighting/boarding is an exemption to most parking restrictions but should take no more than necessary.

I would remove the 5-10 mins time, changing to just assisting father to home and then leaving, and add in:

Please note that assisted alighting of a disabled or vulnerable person to nearby premises is an exemption should you choose not to exercise discretion on the mishap with the blue badge.

Post another draft.

H C Andersen

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Is it? While assisted alighting etc. is a commonplace exemption determined by individual councils, I'm not certain it's statutory.

OP, why don't you start your challenge by simply setting out the events as regards you parking, your passenger, their condition etc. Then argue your case.

On this point, just stand back and think about this:

'..he has lived there for 60 years, they just made it permit only from 10am-11am to stop people leaving cars there and going to work on the tube. Now its silly things like this residents are being punished for.'.

?

In order for you to be able to park there must be kerbside space which there wouldn't be if the road was full of commuters' cars. Therefore all residents, your father included, benefit from access being created.

Don't knock it.

You got a PCN pure and simply because the vigilant CEO had no idea of your situation and prima facie you were parked in contravention. Frankly, even if they saw the clock or even the outline of a BB in the footwell there's no reason for them to suppose anything: issue a PCN as required and if the driver had proper cause to park there then that's an end to matters after they've explained this to the authority.

I would temper your reps accordingly. The fault, if any, is not your father's, the authority's or the CEO's..it's yours.

stamfordman

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There are numerous adjudicated cases that recognise assisted alighting/boarding as an exemption. Such as this the other day:

I am satisfied from the evidence that Mr xxxx was picking up his child from school and that the picking up exemption therefore applies. The exemption allows a motorist to leave a vehicle where a passenger needs to be escorted or assisted as is clearly the case with young children.

The draft reps are fine and can be reinforced politely with this.

dbcc33

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Revised draft reps below

I had parked at this location only to drop-off my disabled father at his home and was entitled to park there as per the exemption of transporting a Blue Badge holder (BB enclosed), which I checked was displayed on the dash.

However, as my father is physically and cognitively impaired, he needs assistance alighting the car and getting into the house and I recall him leaning in to get his walking stick and dragging it along dash and seat to exit the car. I was focusing on my father's wellbeing (he has restricted mobility and is a falls risk-medical evidence enclosed) and assisting him into the house, upon my return I realised one half of the BB had fallen to the passenger side footwell and I already had a PCN!

Had the CEO checked the side window he may have seen the fallen BB (there are no side photos).
Under the circumstances, please could you consider discretion since it is clear we were entitled to the exemption. Please note that assisted alighting of a disabled or vulnerable person to nearby premises is an exemption (Tribunal ref. #) if you choose not to exercise discretion on the BB mishap.

@stamfordman - do you have a tribunal ref for that quote you put about picking up children that I can insert? I assumed thats what you meant rather than copy and paste that?

@ Anderson - I never denied that not rechecking the BB position was my mistake, but equally as someone pointed out it was hardly on my mind assisting my dad out of the car (and i had no reason to because i didnt see him knock it and i had previously checked it before assisting him) and i did return within some minutes and it was too late. the reality is if i was to go back and look after he got out that's quite hard while holding at the same time...therefore i think it is strong mitigation. the badge and the proof he is disabled (even without the badge) provides evidence of this.

stamfordman

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You don't need to cite tribunal cases in informal challenges.

dbcc33

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ok is the above version ok minus the tribunal ref then?

dbcc33

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Have modified slightly - latest version below:

I had parked at this location only to drop-off my disabled father at his home and was entitled to park there as per the exemption of transporting a Blue Badge holder (BB enclosed), which I checked was displayed on the dash.

However, as my father is physically and cognitively impaired, he needs assistance alighting the car and getting into the house and I recall him leaning in to get his walking stick and dragging it along dash and seat to exit the car. I was focusing on my father's wellbeing (he has restricted mobility and is a falls risk-medical evidence enclosed) and assisting him into the house, upon my return I realised one half of the BB had fallen to the passenger side footwell and I already had a PCN!

Had the CEO checked the side window he may have seen the fallen BB (there are no side photos). Under the circumstances, please could you consider discretion? 
Note: assisted alighting of a disabled or vulnerable person to nearby premises is an exemption (should you choose not to exercise discretion on the BB mishap).

H C Andersen

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I make the point so that your challenge is written in the correct tone i.e. fact and not opinion led.

The CEO doesn't know anything about your or the passenger's circumstances and it can be very difficult at times for drivers to avoid superimposing their knowledge- which often translates into frustration- into reps.


dbcc33

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OK, but do you think then that it sounds too harsh? I think it reads ok, except maybe the additional parts added by stamfordman but they make good points and i dont really know how to soften these without losing the meaning.

dbcc33

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quick question - for grounds do i mark the alleged contavention did not occur or that there are compelling reasons why it should be cancelled

stamfordman

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Another way to go is to simply to claim the assisted alighting exemption as it's always best to go for 'no contravention' in law. This can be backed up by the mishap with the blue badge as showing you in any case had entitlement to park there.

I don't think it matters though as the way it is now puts them on notice you have an exemption regardless of the BB mishap.

dbcc33

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please see the response from Harrow who have rejected my representation. Is it worth pursuing this or not?
https://www.dropbox.com/scl/fo/raiuh8ac0h0848ap9lklf/ADzsA7su5XB6-OjZJW7ir_U?rlkey=tmpa21fgivlt7u60u9qsrtbex&st=68cyq92x&dl=0

H C Andersen

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IMO,

Your relegated assisted alighting to a footnote (and without any evidence or detail in support as far as I can see) and they put it in the metaphorical bin by ignoring it.

By implication the council allow parking by BB holders because the reply does not state that whether displayed or not makes no difference.   

It's the keeper's choice whether to carry on. But if they do, IMO prioritise your points:

1. Assisted alighting - if you think the facts fit e.g. need, time away from vehicle etc;
2. Procedural impropriety - having considered your initial reps, which in part relied upon the grounds of assisted alighting, and sent a written reply the authority were obligated to address this issue in their response. They did not, which on the face of it is a failure to consider and consequently a procedural impropriety;
3. Repeat your request for the authority to exercise discretion as regards the BB which was not displayed as required due to it being knocked into the footwell when your father exited the vehicle but which was held, see copy enclosed, and was being used for a prescribed purpose.

stamfordman

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With hindsight we could as I said have led with the alighting exemption but I thought the discretionary aspect is compelling.

It seems they've rejected it because of a previous cancellation but this is what is known as fettering discretion. While this is fine for drivers doing say a silly thing twice such as paying for the wrong car it isn't where an honest mistake was made where a disabled person is involved.

I would go on with this and make formal reps to the NTO saying you did say you had a statutory exemption as noted in your intiial challenge but also invited Harrow to consider discretion. Now you would claim the exemption.

But as HCA said we need chapter and verse on whether the assisted alighting exemption is a solid case.

dbcc33

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But if i continue now the penalty doubles right?

Sorry- what do you mean we need chapter and verse on whether the alighting exemption is a solid case? Do you mean someone here to clarify this?

And what kind of evidence should i upload regarding the assistance. I did actually enclose substantive medical evidence in the form of hospital letters evidencing he is a falls risk, has balance and mobility and severe breathlnessness and frailty issues and i enclosed the BB badge. What other evidence should i include re needing assistance. I suppose i could include that he is an attendance allowance recipient (where they have independently assessed his need for care?).

I understand i cant continue to tribunal based on discretion so i just need to know if the alighting exemption alone is a strong case or not, because if not im wondering whether to just take the hit on this.

it's annoying - i think i will sellotape the badge to the window ! it's also annoying that the badge was only in 2 halves as  the holder was so old and disintegrated and the council never responded to a request to replace it.