Free Traffic Legal Advice

Hi Folks ~

Any advice / case precedents most welcome ~

Alleged contravention date: SUNDAY 14 Jan 2024 ~
Alleged TIME of contravention: 12:21 ~

Code 40 "Parked in a designated disabled persons parking place without clearly displaying a valid disabled persons badge" ~

Leeds City Council PCN ~

The vehicle was parked in a disabled bay, with badge & clock showing ~ 

The CEO issued the PCN on the grounds the clock was wrong (It was set to 13:30) and thus, the entire badge was "Invalid" ~

My consumer advocate made an initial representation with 4 questions (NONE of which were addressed) the final observation the advocate made was that the bay is a dedicated disabled space, and had the driver parked in a regular bay, the clocks setting would have been achedemic, as the Leeds.gov website clearly states ... ~

“With a blue badge you can park on-street for free and without time limit at both metered and 'pay and display' sites” ~

... and thus was being punished for parking in a disabled bay ~

https://imgur.com/a/QgOtmU0

 ~ So this is a valid badge, displayed correctly, in a disabled bay, on a Sunday ... but because there exists a time restriction element, the badge clock being incorrectly set renders the contract in breech ~

Attached & linked to here, their reply to my advocate: ~

https://www.dropbox.com/scl/fi/4ji0p9m5gibm94dwprh9u/2938B7D6CD3A.PDF?rlkey=n1r8w1q3huinyonnsd6simxb7&dl=0

As you can see, LCC appear to be implying that rather than the clock being set 1hr 10 mins later than ticket issue time, that the vehicle had been parked there for 23 hours !!

NTO has now been received (Owner is not the driver)

Any advice gratefully accepted, or for further info please just ask ~

THANK YOU

Hi, and thanks for your help, I really appreciate it

What is a PI?
What is a GSV?

What does "the rejection fetters their discretion" mean?

Link to PCN: https://www.dropbox.com/scl/fi/u6ddgendjdmy95uscskhu/PCN-Jan-2024.pdf?rlkey=6tto1ku586amgjlgh7rl2ht49&dl=0


Link to NTO: https://imgur.com/a/6t14TIz

The linked-to photos in the OP ARE the councils photos (except the street sign indicating the time restriction, that was mine)

Thanks so much

The council always have the option to cancel the PCN for any reason or just goodwill, as it is absurd that the vehicle be left for 23 hours then a simple mistake was made and they could accept that
so to say the PCN was issued correctly so they have no alternative other than to enforce fetters the discretion they have

The sign says disabled only and requires a BB but unless the TRO (traffic regulation order requires this) and also the display of the clock then the clock is irrelevant

Then if the TRO requires the display of the clock then the sign must make that clear

none of the arguments are strong on there own but cumulatively they might swing it.

They have won in the past and if an adjudicator is sympathetic to the mistake it gives them a reason to allow an appeal

If the CEO believed you had parked for more than 4 hours the pcn should be a code 30 "parked for longer than permitted". The bay is a limited waiting bay albeit restricted to disabled badge holders only. Your badge is valid therefore the alleged contravention did not occur. The badge and parking disc (clock) are separate entities. I can find no regulation that says an error with the clock does by default invalidate the badge. Most councils refer to these regs for interpretation and as you can see a disabled badge and parking disc have their own meanings. Ergo a badge is not a parking disc and vice versa.

There is also an equality issue. Regular limited waiting bays don't require the display of a clock. By making disabled people set and display a clock is treating them different to able bodied people who park in a regular limited waiting bay and it creates a situation where disabled people have a higher chance of making an error such as the clock falling off or being set incorrectly. Timings should be based on CEO observations the same as a regular limited waiting bay. There is no need to give the disabled the extra burden of setting and displaying a clock.

The code/contravention description matters here because had code 30 been used the penalty would be £50.00 and not the code 40 £70.00. the statutory ground of appeal you tick for your represenations is "the penalty charge exceeded the amount applicable in the circumstances of the case".

Post a draft of your representations here before sending so we can give feedback.

Hi Folks, thanks for your great advice so far, I really appreciate it

As requested, below is a draft of my representation based on your advice:

---

I am in receipt of your NTO and note the contents

In her rebuttal letter to my advocate, your appeals officer Elaine Lowe stated:

"... In this case the clock card indicated that the vehicle was parked at 13:30 or 01:30 which indicates that the vehicle was parked for longer than 4 hours at 12:21 when the PCN was issued"

As this is now the stated position of LCC in this case, the contravention code is clearly incorrect

The contravention code for over staying is Code 30, which carries a penalty of £50 ... not code 40, which carries a penalty of £70

For these reasons the PCN was incorrectly issued on TWO of your "specified grounds":

1)  "The penalty charge exceeded the amount applicable in the circumstances of the case" ~ £70 charged instead of £50

2) "There has been a procedural impropriety by the enforcement authority" ~ PCN was issued under Code 40, instead of overstay code 30, which Elaine Lowe clearly stated was the contravention

---

If anyone has any suggestions or observations I would be most appreciative. If what is written above will be good enough, please say so & I will fill the representations form accordingly

THANK YOU

Hi HC

I appreciate your input

I now have MUCH stronger grounds than mere fettered discretion

The appeals officer went on record as saying the PCN was issued because the car had been parked too long

That's not a code 40, its a code 30 ... and there's my PI

A second but related PI is the charge was {therefore also} wrong

But you're right, questions are not representations

FYI one of the questions was: "IF the PCN was issued ONLY on an incorrectly set time clock, please explain how the CEO knew the drivers disabilities do not include dyscalculia & thus they would struggle to tell the time?"

A perfectly reasonable question, but unanswered because in attempting to address & reply that issue they would scupper their own case. In the end, the appeals officer did exactly that anyway by stating the time clock indicated the car had overstayed, a code 30, not a 40 as issued

I shall stick to the obvious TWO PI's

Thank You 

Thanks for your input again, I appreciate it

OK, so what IS your advice?

IF you read the entire thread you will see that 'Phantomcrusader' made the following observation:

Your badge is valid therefore the alleged contravention did not occur. The badge and parking disc (clock) are separate entities. I can find no regulation that says an error with the clock does by default invalidate the badge. Most councils refer to these regs for interpretation and as you can see a disabled badge and parking disc have their own meanings. Ergo a badge is not a parking disc and vice versa.

This contradicts your position that "objective facts i.e. the clock showed 01.30/13.30, and the car was in contravention, as indeed it was!"

I'm just looking for a consensus I can move forward with

In my humble uneducated opinion, a 100% legally parked car, clearly showing a disabled badge, parked in a disabled bay, on a Sunday ... is not 'in contravention' of anything. It is a FACT that, had the car been parked in a non-disabled bay, there would have been no contravention as the clock setting would have been immaterial

LCC are attempting to fine a person because they correctly parked in a disabled bay. Had they taken up a non disabled regular bay, no action would have been taken. This is IMO clearly punishing a disabled person for nothing more than seeking out a disabled bay

Anyway, back to my lead question HC ...

What is your advice?

Thanks