Author Topic: LB Tower Hamlets, code 16 - parking in a permit space without valid permit, Vernon Road, E3  (Read 162 times)

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Hi gang,

Merry Christmas to you all. Just took my daughter home after Christmas to her home in Bow. I am a Blue Badge holder and was aware that there are parking restrictions in place. It was my previous understanding that blue badge holders could park on single yellow lines, but a previous experience where I received a PCN on single yellow had knocked my understanding on the rule. On reflection, the previous incident was more because I had straddled the pavement rather than it being on a single yellow line, but that's why I got confused.

Anyway, there was a space in a permit holders only bay. I live in a CPZ where blue badge holders DO NOT require a resident's parking permit, although I buy one anyway for when my wife uses the car. So when I saw the bay I (wrongly) assumed I was permitted to park. On our return, 36 minutes later we were met by a parking enforcement officer who then told me he had given me a ticket for parking in a permit holders only bay. I explained that I was not familiar with the local authority because I live in a London Borough where blue badge holders are allowed to park in CPZ areas. He said he would put a note on the system and told me to appeal it. I doubt his note if entered counts for anything where revenue is concerned. There were no appropriate single yellows to park on.

I suspect I'm banged to rights but attach the PCN below incase there is a discrepancy in the wording to invalidate the ticket. I notice the reduced amount is not specified but know I might be clutching at straws.
As always, I appreciate your input.


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I'm not sure if failure to show the reduced amount on the PCN is a procedural impropriety or not, but I suspect it is, and you would have a strong case to take them to London Tribunals on this matter. The content of Regulation 9 PCNs, (those served to car or driver at the roadside), is found in Schedule 2 of the The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022
https://www.legislation.gov.uk/uksi/2022/71/schedule/2/made

Quote
"Particulars to be included in a penalty charge notice given under regulation 9
2.  The information to be included in a penalty charge notice served under regulation 9 is—

(a)the date on which the notice is served,

(b)the regulatory matters,

(c)the grounds on which the civil enforcement officer issuing the notice believes that a penalty charge is payable,

(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,

(e)that if the penalty charge is paid no later than the applicable date, the penalty charge will be reduced by the amount of any applicable discount, and

(f)that if the penalty charge is not paid within the period of 28 days referred to in sub-paragraph (d), a notice to owner may be served by the enforcement authority on the owner of the vehicle."

So I suggest you submit representations that the PCN does not give the amount of the reduction in the penalty for early payment (within 14 days) as is required by law. As such, the PCN is void and must be cancelled.

I have made the following representation:



The PCN (TT60600913) I received is unlawful and unenforceable because it does not conform to clause  (e) of Section 2 of Schedule 2 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022.

The clause states:

"that if the penalty charge is paid no later than the applicable date, the penalty charge will be reduced by the amount of any applicable discount, and"

The PCN does not state the amount of discount applied or the reduced total.

Full particulars of the relevant section within Schedule 2 is quoted below.

Particulars to be included in a penalty charge notice given under regulation 9
2.  The information to be included in a penalty charge notice served under regulation 9 is—

(a)the date on which the notice is served,
(b)the regulatory matters,
(c)the grounds on which the civil enforcement officer issuing the notice believes that a penalty charge is payable,
(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,
(e)that if the penalty charge is paid no later than the applicable date, the penalty charge will be reduced by the amount of any applicable discount, and
(f)that if the penalty charge is not paid within the period of 28 days referred to in sub-paragraph (d), a notice to owner may be served by the enforcement authority on the owner of the vehicle.

Separately to this, as a non-resident of the borough that lives in another London Borough where  Disabled Badges DO NOT require the separate ownership of a parking permit, I find it discriminatory for the London Borough of Tower Hamlets to be predating on people with disabilities and believe it contravenes the Equality Act 2010 in victimising people with disabilities.

I therefore request the PCN cancelled with immediate effect.




I shall report back on how I get on. Thanks, Incandescent.

You should have also pointed out you made an honest mistake with assuming permit bays allow BB parking - where do you live?

You should always check council websites for BB policy.

We used to have a go at the law affording a BB exemption where there is paid for parking of any sort but I think we may have given up on that.