Free Traffic Legal Advice

Hi,

I got ticketed at nearly 12.30am on Sat night/Sun morning. I displayed the badge and time clock but I was in a rush to get to the loo so must have knocked this off as it had all fallen down the passenger side of the car    I saw this when I got back to the car and saw the ticket on it, which to be fair I was shocked about anyway, as it was nearly 1am in the morning and I'd no idea any wardens patrolled at that time.

I explained all this in my challenge which was promptly rejected. The urgency to get to the loo is linked to one of my medical conditions, which is why I have the badge.

I saw on LCC's appeal guide that they'll waive the first instance of this happening to the driver/badge or car. Well this is the first instance of this happening to my badge and car but they haven't considered waiving it. Neither have they given any consideration to my disability/medical condition impacting.

I looked up the case they're referring to. Seems as if someone was rejected at a Tribunal for failure to display a blue badge recently but surely there are cases where they have succeeded?

FWIW I took LCC to Tribunal over the time clock issue. Interesting - and very pleasing - to see that's now gone into case law, but it's not anywhere on TPT Case Law website, or are they only listing 'unsuccessful appeals' on there?

I erased the plate from the docs but can add it back on if needed, sorry, it's just I used to do that before and didn't know I had to leave it on now.

Hope someone can help 

https://imgur.com/a/JebG9rG

PS Also tried to embed images into the post but no idea how to get that to work :/
PPS LCC agree I displayed the badge but then say I didn't, and also add their officer didn't see it. Well nobody could see it if it was down the side of the car 

Yes, what is the VRM (numberplate).

This is the traffic order:

https://store.traffweb.app/leicester/documents/parkmap/sched/Parking%20Consolidation%20Order%202025_Sealed%20Order.pdf

I would have thought they must consider your condition and if not a test is in the order:

(d) the Vehicle is Waiting owing to the Driver being prevented from proceeding by
circumstances beyond their control or in order to avoid an accident;

This is Leicester's current policy:



https://www.leicester.gov.uk/media/d2whxgfa/parking-enforcement-guide-september-2024.pdf

Yes, what is the VRM (numberplate).

This is the traffic order:

https://store.traffweb.app/leicester/documents/parkmap/sched/Parking%20Consolidation%20Order%202025_Sealed%20Order.pdf

I would have thought they must consider your condition and if not a test is in the order:

(d) the Vehicle is Waiting owing to the Driver being prevented from proceeding by
circumstances beyond their control or in order to avoid an accident;

This is Leicester's current policy:



https://www.leicester.gov.uk/media/d2whxgfa/parking-enforcement-guide-september-2024.pdf

Hi VRM is M5 HXD

Thanks, you got the correct thing I was referring to.

I didn't know the officer had to 'see' the badge so clearly I'm wrong on that.

I saw on LCC's appeal guide;

  I explained all this in my challenge



Links pl. (see READ ME FIRST..at top of first forum page).

There is no copy of the challenge - you have to fill in an online form and very helpfully don't get a copy of it.

I will also add that this is the first time I dared venture into the city for months. There are hardly any disabled parking spaces now and none are clearly marked which was also an issue when trying to find/see one. There are no white markings on any street parking spaces which I find/found very confusing.

I had gone to a late screening at the cinema, sadly there were no other times this particular film was on, nor any other local cinemas. I didn't want
to be out so late or in the city but it was all work related so I had to see this film.

The badge had gone down the side of the passenger seat, hence why he probably wouldn't have seen it although I can see from the photos there are none of the
inside footwell, etc.

Re the challenge, it looks like all they did was copy/paste what I wrote/my original statement so I don't think much has been lost here with them failing to send me a copy of the challenge. I kept my reasoning very brief.

I displayed the badge and time clock but I was in a rush to get to the loo ......

I explained all this in my challenge

I had gone to a late screening at the cinema

So the 'rush to get to the loo' - which one of our posters picked up on as regards a possible defence as in 'circumstances beyond the driver's control'- is not correct. You simply went to the cinema, parked in a 24/7 no waiting zone whose hours also extended to signed bays, parked in a signed bay reserved for BB holders only but did not ensure that a BB was displayed as required, yes?

It is correct - there is a loo at the cinema I was rushing to get to.

Are you always this nasty?

Imgur is no longer available.

Remind us - why did they reject? Seems you are on the case but you can't do anything now other than wait for the NTO or pay.

Imgur is no longer available.

Remind us - why did they reject? Seems you are on the case but you can't do anything now other than wait for the NTO or pay.

Thanks Stamfordman. Apologies for the late reply, as explained I do have a chronic illness hence the delays.

I didn't know the images had vanished, I'm just going to copy paste the bulk of the council's reply below as the reason for rejection isn't clear to me, other than 'the contravention occurred therefore you must pay'.

I'm about to file my response to this - I didn't get the NTO until a good 50+ days after all this so still within the time to challenge. I will just list the two arguments above.

LCC's rejection here -

On  24/08/2025  you  were  issued  a  Penalty  Charge  Notice  (PCN)  under  contravention  code 40 on  Market  Place  South.  This  is  summarised  in  legal  terms  as Parked  in  a  designated disabled  person's  parking  place  without  displaying  a  valid  disabled  person's  badge  in  the prescribed manner.

Having  reviewed  your  informal  challenge  and  we  acknowledge  that  you  displayed  the   blue badge on the dashboard but due to the fact that you had to park and leave the car urgently [you needed the toilet urgently due to a medical condition] and believe this was knocked off the dashboard by accident and fell down the passenger side of the car.

Please  be  advised  you  were  issued  a  PCN  for  parking in  a  bay signposted  'Disabled  badge holders'  without  a  valid  and  correctly  displayed  disabled  badge  (and  clock  if  it  was  also needed).  Even  if  you  have  a  valid  disabled  badge,  you  need  to  display  it  correctly  (with  the clock where necessary).

Before giving Penalty Charge Notice (PCN)s, our Civil Enforcement Officer (CEO)s check for any parking items displayed and record the details. The CEO saw no disabled badge. This can happen,  for  example,  when  people  forget  to  display  their  badges  or  when  badges  fall  off dashboards. It is unfortunate if this happened with you, but a disabled badge is only valid if it is clearly displayed. (Please remember that the side with the wheelchair symbol and expiry date must be uppermost.)

The  photographs  show  that  no  Blue  Badge  was  displayed  at  the  time  the  Penalty  Charge Notice  (PCN)  was  issued.  As  the  Blue  Badge  was  not  displayed  this  has  no  bearing  on  the legality of your parking.  For the Blue Badge parking concession to be valid the badge must be displayed at the time the vehicle is parked. The Blue Badge booklet specificallty states: ‘ When using the parking concessions you must display the badge on the dashboard or facia panel,  where  it  can  be  clearly read through  the  front  windscreen…If  you do not  display  your badge correctly you could get a parking fine’ Blue Badge holders may not use the badge retrospectively.

We would also like to make you aware of a case similar to yours that was rejected by the Traffic Penalty Tribunal (TPT) where the appellant had displayed a badge, but it had fallen of  the  dashboard.  We  draw  your  attention  to  the  Traffic  Penalty  Tribunal  (TPT)  case  of Miss H-v-St Helens Council (SZ00004-2406). The  case  clarifies  that  the  BB  concession  can  only  apply  when  the  badge  is  clearly displayed  in  the  vehicle.  A  badge  that  has  fallen  from  view  is  not  clearly  displayed. Similarly, a badge that is covered partially or wholly is clearly not displayed.

You can view photographic evidence of your case online at www.leicester.gov.uk/pcn You can view information on disabled badge use online at https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england

Having  considered  your  challenge,  Leicester  City  Council  finds  that  the  contravention occurred and that you are liable to pay the PCN.