Author Topic: Leicester CC code 40 Failure to display Blue Badge, Market Place South, Leicester  (Read 5499 times)

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It would help if you could take pics of the letter and post it all on say https://imgbb.com

Or you can email pics to me.

Thanks - hope this works. If not I will email you the PDF.

Edit - it's worked!  :)

I can also post what I've drafted as a response if anyone wants to look at it - it's not yet sent but I plan to post this sometime tonight. I understand HC's points and I will avoid explicitly criticising LCC and omit the point about their photos not showing the inside of the car, but I do think my medical condition is crucial as it was in play on the night, making this issue 'beyond my control' and this can be proven if necessary.

My draft - "In rejecting the informal appeal, LCC appears to have given no consideration to the nature of the disability affecting the visibility of the BB. By failing to give this consideration, LCC has not complied with the test in its Traffic order [para. 43d, pages 23-24] which is that the vehicle is waiting due to the driver being prevented from proceeding due to circumstances beyond their control or in order to avoid an accident. As originally stated, I displayed my BB but as I had to park and leave the car urgently due to needing the loo which is connected to my chronic medical condition, I believe the BB must have been knocked off the dashboard by accident as it was down the side of the car when I got back. My medical condition causing the above situation can be substantiated with documents from my GP/consultants, in fact I'm awaiting surgery for this specific condition having been referred in May 2025. It is unfortunate that this contravention occurred but it was a one-off and due to circumstances beyond my control.

LCC states on page 12 of its parking enforcement guide that it "will take into account previous PCNs issued to the same vehicle or Blue Badge holder. A challenge/ representation may be accepted if no previous similar contravention has occurred." Yet there are no previous similar contraventions in this vehicle or to this BB holder, but LCC has rejected the informal representation when no other parking offences - misuse of BB, safety risk, parking contraventions - were committed. I would appreciate it if - now that LCC is aware of my medical conditions impacting on the display of the BB - it could exercise its discretion on this occasion and cancel the parking ticket."


« Last Edit: November 06, 2025, 04:01:39 pm by RedDeath614 »

Also, I have gone with point A - the alleged contravention did not occur, but not sure if this is the right one.


I think if you want to go on with this you'll need to put them to their duty to act fairly.

See what others say.

Many thanks for all your help so far  :)

I've posted this formal appeal - online - and have added a few references to 'acting fairly'.

Happy to consider further POVs but it's a bit late at present, so if it goes further other POVs may be useful at that point.

Hi,

I just want to know if there's any point in asking for a review if you have failed at the Traffic Penalty Tribunal?

Having had a rather nasty experience at my hearing, and now having read the overwhelmingly negative Google reviews the TPT has amassed, it seems as if the prospect of success at Tribunal has dwindled. The success rate used to be 70%, it now appears to be a lowly 30%, so appears heavily balanced in favour of the authorities.

Just to note, I received a charge certificate from Leicester City Council, after I filed my appeal. LCC repeatedly refused to cancel it, and all the email evidence clarified this. I ended up having to approach my councillors, and only then did LCC state in writing they had cancelled the certificate. At that point, LCC decided to lie and say they told me they'd cancelled it on the phone weeks prior, however that makes no sense, as why not simply reply to the question repeatedly asked in the emails? I was verbally told by LCC the charge certificate could not be cancelled. No idea if this is true or not but I never received any notice of cancellation.

I used this as a point of appeal and said there had been a procedural error on LCC's part in issuing the charge certificate. I thought this would be accepted. But the adjudicator quickly and without any question accepted LCC's lie that they told me on the phone they had cancelled the charge certificate. She didn't even ask me if I wanted to respond to their answer and instead questioned me extensively on what I suspect were the weaker points of my case.

So - is there any point in asking for a review on the basis the Council lied as can be seen in the evidence? Or will they just come down on the side of the Council again?

I literally have 1 day to file, if so. Yes I've left it late but I've been very ill since the hearing and am still recovering, this is all due to my medical conditions. I was told on the phone this would be taken into account, but I doubt it will be.

Like a lot of people, I have totally lost confidence in the TPT, due to their mendacity in claiming an obscure Scottish judgement means a PCN and council actions can be excused if there is no prejudice. This is total tosh because the TMS 2004 under which your PCN was served contains the specific statutory grounds of "procedural impropriety" However can we please see the TPT judgment. We cannot look at their Statutory Register because it is not available on-line, unlike the more enlightened London Tribunals.
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Hi thanks for your reply. I'm not sure this image upload will work but giving it another go.

If it does work, I would like to add that I wasn't aware I needed a GP letter to confirm what had occurred that night or to verify the symptoms of my condition as such evidence appears to be required a criminal law capacity - i.e. where innocence must be proven beyond a reasonable doubt. I'm unsure why that's the case in a civil court, where the evidence is judged on the balance of probabilities and the adjudicator is happy to accept I have a chronic illness and a blue badge.

I guess it is too late to supply it now, even if I do have this evidence of my symptoms in medical records as I see from the TPT it is not enough to decide retrospectively you should have supplied evidence and then supply it for a review?

Secondly, the adjudicator's quote 'I responded with a complaint' on Nov 11 was wrong. I asked LCC to cancel the charge certificate and to deal with the matter as a complaint, clearly listed as 2 things. LCC said they wanted to call me to explain what had happened. I said I didn't care for explanations, that I simply wanted them to cancel the certificate and confirm in writing and secondly process the matter as a complaint. LCC only dealt with point 2 and failed to acknowledge any cancellation of the charge certificate in writing until after I was forced to write to my councillors and as the adjudicator agrees, on 21 November. It's totally inaccurate to blame me for LCC's actions. This is all very clearly set out in the emails so to misinterpret it shows an error of judgement.

And the adjudicator is happy to rely on LCC's 'hearsay' evidence about a phone call, for which there exists no transcript or call recording to prove what was discussed, yet wants me to prove my illness symptoms beyond a reasonable doubt, which I could do but it appears to now be too late.

I guess it's not possible to take LCC to small claims court about this, so I can appear before an independent judge regarding this matter?

https://ibb.co/Ld8SBR2y

EDIT - Adjudicator stated the wrong date on which I was told by LCC the charge certificate had been cancelled. It was actually 26 or 27 November, not 21 November. Therefore, there was a long delay in LCC 'cancelling' the certificate, which I'm not even sure it is possible to cancel once issued. But I'm guessing for the TPT, this is not 'wholly unreasonable' enough to warrant a review.

PS - I plan to alert the Lord Chancellor as to how the TPT are operating, as there seems to be a clear lack of fairness and independence in issuing judgements. Not expecting it to get me anywhere, but hopefully someone higher up may start asking them some questions. Unlike other Tribunals, they appear not to give any regard to the Vulnerable Witness Practice Directive, as I was subjected to rigorous questioning for 30+ minutes where I was asked to remember everything from 6 months prior. But I have memory lapses connected to my main medical condition, so such questioning was totally inappropriate.
« Last Edit: February 12, 2026, 11:29:48 am by RedDeath614 »