Free Traffic Legal Advice

@UKdave. HCA makes a valid point. You can include a procedural impropriety angle because the code 40 contravention description on the PCN does not match the description as set out in Annex B to the Secretary of State's Statutory Guidance. If it were me I'd amend my second paragraph to read:

However, the incorrectly set parking disc clock did not invalidate the disabled person’s badge as alleged by the PCN. The parking place is for disabled badge holder use and therefore The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 are not applicable here because I was not claiming any exemption. I do not need exemption to park in a parking place that is specifically provided for my use as a disabled badge holder. A wrongly set parking disc clock does not invalidate the disabled person’s badge that was displayed. The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 under regulation 3 identifies a disabled person’s badge and parking disc clock as being independent items and no where do these regulations stipulate that any failing with setting the clock invalidates the disabled person’s badge. Consequently, the alleged contravention did not occur as my disabled person’s badge was not invalid. I must also point out that the code 40 description used by the Council fails to follow the code 40 description set out in Annex B to the Secretary of State's Statutory Guidance and this failing is a procedural impropriety as the Council must have regard to this guidance.

@UKdave I'd like to apologise for my previous absence from this thread, this is actually a really simple case and essentially a replica of Michelle Dhillon v Leicester City Council (LE00087-1812, 30 January 2019) and William Watson v St Helens Metropolitan Borough Council (SZ00006-2002, 11 March 2020), I was the advocate in both cases.

I gather you have made formal representations, it's not too important what you said as long as you put something in. If the representations are rejected I'm reasonably confident I could win your appeal as well if you wanted to instruct me as your representative.

Whether you chose to instruct me or do a DIY appeal, please do not be tempted to pay just because the council tries to tempt you with the discount.

H C Andersen has been subject of complaints in the private parking forum and as a result he is now on a posting holiday till the end of next month, if I had any qualms about whether the posting holiday was warranted those concerns have been removed now that I've looked at this thread. This is a really straightforward case and there really shouldn't have been any debate around something that is reasonably clear-cut: the disabled badge was displayed as required by law and that really is the end of the matter.

When you get the notice of rejection please post it up on here and please do not file an appeal without seeking our guidance first.