3. Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
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Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
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hi,
i got this NTO in post yesterday dated 26.6.24.
i did not get the original yellow ticket on my screen.
The alleged offence is captured on 22.5.24 at 21:41.
i went for 30 min into the restaurant to meet someone and came back.
i did remember to put both the clock and blue badge on the dash.
The pictures taken only shows a valid blue badge, i assume the clock might have fallen when i closed the door.

what are my mitigation points if any to avoid the penalty.

Thanks







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Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
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Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
« Reply #2 on: »
Please to post here all sides of the NtO, redacting only your name and address.
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Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
« Reply #3 on: »
hi,
when trying to upload pdf file of 492 kb it says an error has occurred.
says upload folder full, contact admin
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Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
« Reply #4 on: »
Quote from: boxer29 on July 02, 2024, 04:53:47 pm
hi,
when trying to upload pdf file of 492 kb it says an error has occurred.
says upload folder full, contact admin

Have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and use an external hosting site posting link here using insert an image button (imgur) or posting the BBCode here (ibb.co)
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Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
« Reply #5 on: »
@boxer29 forget about mitigation, there is no contravention. A blue badge holder parking in a time-limited bay is not under a legal obligation to display the parking disc (commonly known as the "clock"), and if a council wanted to impose such an obligation they would need to say so in the traffic order and would also need to obtain special authorisation from the Department for Transport for an appropriate sign, as there is no sign to tell you to display a clock.

The authorities on this point are 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), both my handy work.

Please follow the guidance here to upload the documents and I will draft a representation for you.

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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
« Reply #6 on: »
here is the file as requested.

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Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
« Reply #7 on: »
You need to repost with all sides. Only redact your name & address - leave everything else in.

postimage is not a very friendly site - try imgur or ibb.co
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Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
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Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
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Quote from: cp8759 on July 03, 2024, 04:50:41 pm
@boxer29 forget about mitigation, there is no contravention. A blue badge holder parking in a time-limited bay is not under a legal obligation to display the parking disc (commonly known as the "clock"), and if a council wanted to impose such an obligation they would need to say so in the traffic order and would also need to obtain special authorisation from the Department for Transport for an appropriate sign, as there is no sign to tell you to display a clock.

The authorities on this point are 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), both my handy work.

Please follow the guidance here to upload the documents and I will draft a representation for you.

Thanks CP8759-- i have read the 2 cases which will support my mitigating grounds.
i will wait for a draft though.
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Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
« Reply #10 on: »
@boxer29 you need to leave the PCN number and number plate visible on the PCN please, this is all explained in the guidance.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
« Reply #11 on: »
Quote from: cp8759 on July 03, 2024, 10:56:57 pm
@boxer29 you need to leave the PCN number and number plate visible on the PCN please, this is all explained in the guidance.
Struggling to upload but here is the detail

PCN :LS23368701   Reg    N44GEB

Thanks for your support
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Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
« Reply #12 on: »
@boxer29 I tried looking this up on https://parking.liverpool.gov.uk/pcn/ and it says invalid details?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
« Reply #13 on: »
Hi CP8759.
Sorry this happened in.Leeds not in Liverpool, you are looking at the wrong link.
https://www.leeds.gov.uk/parking-roads-and-travel/parking/parking-tickets-and-bus-lane-fines/pay-a-parking-ticket-or-bus-lane-fine
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Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
« Reply #14 on: »
Council photos:















Well this is going to be really easy as The Leeds City Council (Traffic Regulation) (Waiting Restrictions) (No.W01) Order 2021 only references parking discs (aka clocks) in respect of waiting restrictions, not designated parking bays.

Dear Leeds City Council,

The alleged contravention did not occur and it is quite clear the PCN has been issued in error. The CEO's own photos show that a blue badge was clearly displayed on the dashboard in the prescribed position, and there is no evidence I exceeded the four hour time limit.

For the record, I only parked in this bay for around 30 minutes.

The PCN must now be cancelled as the alleged contravention is not made out.

Yours faithfully,


@boxer29 send the representation online and please make sure to keep a screenshot of the confirmation page.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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  3. Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central