Free Traffic Legal Advice

Hello there,

My partner’s totally blind and we both travelled into Leeds City Centre as he wanted to go swimming. We parked in a disabled bay and displayed his blue badge with the correct time. It was about 9.00pm. The disabled bay time restriction actually ended at 10pm. At 9.45pm my car was issued a PCN. I realised that my partner’s old blue badge was on display which had expired and his new one that's valid until 2027 was hidden underneath. Unknown to me, he had dropped the wallet earlier in the day and put the back the display cards in the wrong order (I didn’t realise he still had his out-of-date badge in the wallet). Incidentally, blue badges do not have the expiry date embossed with braille even though it does say in braille “front”. This was a genuine error and I took a picture of both badges side by side in situ and of my partner holding both.
 

I’d be grateful to understand the best way to proceed to contest this. I’ve drafted the letter below for your thoughts.

Here is the PCN front and back:

https://freeimage.host/i/FtFJg7S
https://freeimage.host/i/FtFJU22

Street view link (please note these bays are now disabled bays not club car bays - this google image is 5 years old): https://maps.app.goo.gl/fRc6mogjDVTGjxPQA

Proposed letter:

Dear [Council/Issuer Name],

I am writing to challenge the above Penalty Charge Notice issued on [date] for parking in a disabled bay. I was driving my partner, who is blind and a Blue Badge holder, and displayed their badge in the windscreen.

Unfortunately, my partner’s expired badge was mistakenly placed at the front of the badge wallet instead of their current valid one. Both badges were in the same wallet, and due to my partner’s visual impairment, he could not tell that the expired badge was showing. I have enclosed:

-A photograph taken at the time showing both badges taken in the location of the PCN
-A close-up of the valid Blue Badge showing it was in date on [date of ticket]
-A photograph of my partner holding both badges

This was a genuine mistake — my partner was fully entitled to use the disabled bay.

This is the first time I have ever received a ticket of this nature, and I have always made every effort to follow the rules when driving my partner.

We rely on the Blue Badge to maintain my partner’s independence and enable them to attend essential appointments, so we take its proper use very seriously.

My partner also wishes me to mention that while the Blue Badge has the word “front” in braille, it does not provide the expiry date in braille. This makes it very difficult to distinguish between valid and expired badges if both are in the wallet. It would be helpful for others in a similar situation if expiry dates could be made accessible in braille or tactile format.

I respectfully ask that, in light of the evidence provided and the genuine nature of this mistake, the PCN be cancelled.

Thank you for your understanding and consideration.


Kind regards,

[Name]

[Address]

[Contact Information]

OP, I don't want to appear harsh but let's be clear pl, it's the driver's obligation to display a valid exemption, not the passenger's. I think you should rephrase.

It was not your partner's fault as none could attach to them, it was yours.

By all means set the scene, but then accept that you made a mistake in not checking the BB which they provided and then ask the authority to exercise discretion because your defence goes to mitigation only IMO.

Thanks for feedback so far. Noted @Incandescent.

Fair enough @H C Andersen. Happy to amend the letter accordingly. I was just in automatic pilot updating the clock without thinking to check the date as it had been renewed a while ago, but fair enough it's my responsibility.

@Enceladus, it was 2024 so not sure why he's kept it in the wallet. Not something I can say was a recent update. Just a silly oversight on both our parts.

There must be an online challenge section on their website surely.

They would have a heart of stone not to cancel this.

I've still not received a response following my online challenge. It said in the automatic email response "Thank you for contacting us regarding Penalty Charge Notice LS31347230. Please note that the above Penalty Charge Notice (PCN) will be placed on hold pending our investigations.We aim to respond to all correspondence within 15 working days. Therefore, there is no need to send any further communication."

Is this an unusually long time to wait for a response? It's been almost a month.

I wasn't aware of this and don't believe my partner has ever returned an expired badge. Do you believe this would effect the decision? He'll happily return it!

I checked on the Leeds City Council website about the blue badge renewal process and there's nothing that says it should be returned in any of the webpages before filling out your details. Even in the 'change your details' section, it says you can carry on using your old badge until the new one arrives but nothing about returning an old badge.

Hello!

Apologies, missed this notification.

Still heard nothing re the PCN.

I'm the registered keeper and all details up to date.