3. Leicester, PCN01, BluBadge, partial parked in a restricted street
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Leicester, PCN01, BluBadge, partial parked in a restricted street
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Hi All

I got a PCN on 30/12/2024, I had displayed a BB and was partial pavement parked. The observation time was 1 minute and as from the time of the Pics of the CEO, I was probable into the 30 mint.

I have parked there before on partial pavement with a BB and wardens have not given me a PCN (there are plenty of BB holders who park this way). So in this case I was surprised that I got a PCN so did an informal appeal on their website based on the BB, being within time and the observation time being one minute. However my appeal was rejected based on pavement parking.

I am now waiting for the NtO and wanted to know if I can challenge the PCN. I did some homework in relation to pavement parking and have noticed that the contravention should be 62 and not 01.
So in short would appreciate the expert advise here to see if I have a case to challenge.


Thank you

https://imgur.com/a/yIBGc4U

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Re: Leicester, PCN01, BluBadge, partial parked in a restricted street
« Reply #1 on: »
Quote
I did some homework in relation to pavement parking and have noticed that the contravention should be 62 and not 01.
As their rejection points out, after the sermon on pavement parking, DYL cover the whole road - carriageway, footway and any verge. So 01 is correct code.
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Re: Leicester, PCN01, BluBadge, partial parked in a restricted street
« Reply #2 on: »
The BB is an exemption to the contravention so they are talking nonsense. The clock looks set correctly.





« Last Edit: January 31, 2025, 01:14:02 pm by stamfordman »
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Re: Leicester, PCN01, BluBadge, partial parked in a restricted street
« Reply #3 on: »
Clearly displayed BB on DYLs, so the contravention did not occur, unless the OP was over the time allowed of 3 hours, I believe.
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Re: Leicester, PCN01, BluBadge, partial parked in a restricted street
« Reply #4 on: »
Further to my original post, if a NtO is issued and I make formal representation and it gets rejected, Do i get the discounted price?
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Re: Leicester, PCN01, BluBadge, partial parked in a restricted street
« Reply #5 on: »
If you get rejected at the NTO stage the penalty charge will be for the full amount. At that stage appeal to the Independent Adjudicator where you will win. The penalty charge cannot increase further.

The Blue Badge and clock give you a three hour exemption to the DYLs as there were no loading restrictions in place. You only have to answer to the allegation on the PCN which is for contravening the DYLs.

If parking on the pavement has been prohibited in Leicester then they should have issued a PCN for parking otherwise than on the carriageway and they didn't, so you win.
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Re: Leicester, PCN01, BluBadge, partial parked in a restricted street
« Reply #6 on: »
Ok so I had a look at the “guide to parking enforcement in Leicester” and this is what it says


Footway and pavement parking
Most waiting and loading restrictions cover the whole highway and are usually valid from the centre of the carriageway to the property boundary (including all pavements, footways and grass verges).
Therefore, if a vehicle is parked on a pavement or grass verge beside the parking restriction (e.g. single, double yellow lines, kerb markings, bays for specific road uses), a PCN will be issued for contravention of the relevant restriction.
Where the authority enforces parking on the verge, there will be a valid Traffic Regulation
Order and relevant signage.
A PCN may be issued if a HGV is parked with two or more wheels on the footway or verge.

I have no clue in what the above means.

So really my question is Do I have a chance of getting the PCN quashed?

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Re: Leicester, PCN01, BluBadge, partial parked in a restricted street
« Reply #7 on: »
The council keep all the money if you pay, so they will reject your representations, knowing that >95% of people then cough-up.  This means you'd have to take them to the Traffic Penalty Tribunal. If you do,  the full PCN penalty is in play, but you should win because the PCN is for parking on double-yellow lines, but BB holders are allowed to do this.
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Re: Leicester, PCN01, BluBadge, partial parked in a restricted street
« Reply #8 on: »
[/i]
Quote from: Muzammil on February 01, 2025, 12:49:11 am
Ok so I had a look at the “guide to parking enforcement in Leicester” and this is what it says

Footway and pavement parking
Most waiting and loading restrictions cover the whole highway and are usually valid from the centre of the carriageway to the property boundary (including all pavements, footways and grass verges).
Therefore, if a vehicle is parked on a pavement or grass verge beside the parking restriction (e.g. single, double yellow lines, kerb markings, bays for specific road uses), a PCN will be issued for contravention of the relevant restriction.
Where the authority enforces parking on the verge, there will be a valid Traffic Regulation
Order and relevant signage.
A PCN may be issued if a HGV is parked with two or more wheels on the footway or verge.

I have no clue in what the above means.

So really my question is Do I have a chance of getting the PCN quashed?

The above would apply to those without a Blue Badge displayed.

The Leicester website also says this which is specific to Blue Badges.

With a Blue Badge, you can:
• Park for up to three hours on a single or double yellow line as long as there are no loading restrictions. The clock on the badge must be set to show your time of arrival.


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Re: Leicester, PCN01, BluBadge, partial parked in a restricted street
« Reply #9 on: »
OP, I fear you're misleading yourself.

The law, which applies to the whole of England including the backstreets of Leicester, is that a motorist displaying a BB may park 'on' simple DYL for up to 3 hours(no return within 3 hours). 

Whether you as a valid BB holder which was displayed in the required position were partially on the pavement is IRRELEVANT as regards the law. If you've got a couple of hours then read through the government's consultation on this issue:https://www.gov.uk/government/consultations/managing-pavement-parking/pavement-parking-options-for-change#current-laws-on-parking

The essential extract is as follows:

Powers to tackle pavement parking
A pavement parking prohibition was introduced in London in 1974. Local authorities in England (outside London) can enforce against pavement parking where:

vehicles are parked in contravention of existing waiting restrictions (for example yellow lines, which also apply to the verge and the pavement)

a designated prohibition has been implemented through a TRO and prescribed, or authorised, traffic signs and bay markings; or

the vehicle parked is a ‘heavy commercial vehicle’ with an operating weight of over 7.5 tonnes

You were not parked in contravention of the DYL because your BB affords an EXEMPTION.

There weren't any bay markings or authorised traffic signs;

Your vehicle is not an HGV!

It annoys authorities across the country that without yellow lines- which adversely affect every road user- they cannot control footway parking in general or by BB holders in particular.

But the council's solution is not to declare UDI and make up rules and unlawfully seek to penalise BB holders a VERY serious and reprehensible act IMO.

Wait for the NTO - are you the registered keeper with current DVLA details?
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Re: Leicester, PCN01, BluBadge, partial parked in a restricted street
« Reply #10 on: »
Thank you guys for your input.

I will wait for the NtO.

@H C Anderson - Yes I am the registered keeper.

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Re: Leicester, PCN01, BluBadge, partial parked in a restricted street
« Reply #11 on: »
Hi


I checked the Leicester parking charge site and see that fine has now increased to £70.00
but I have as yet not received the NtO

My PCN is dated 30th Dec 2024
My informal representation was replied on 10th January

The reply letter states the following:

"You can formally challenge your PCN by using a Notice to Owner form. The vehicle's
owner will automatically receive the form if the PCN has not been paid within 28 days of
being issued. The form offers you the chance to formally challenge your PCN or pay the
full £70.00. If you decide to formally challenge your PCN, please do not write to us again
but wait until the Notice to Owner form arrives."


Any chance of finding out if a NtO was issued or not?

Thanks
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Re: Leicester, PCN01, BluBadge, partial parked in a restricted street
« Reply #12 on: »
They won't send the NTO until you've passed the deadline on the rejection letter. In any case they have 6 months to serve an NTO.
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Re: Leicester, PCN01, BluBadge, partial parked in a restricted street
« Reply #13 on: »
Hi All

Have now received the NtO.



All help to clear this appreciated.


Thanks


https://imgur.com/a/HnJPf1z
« Last Edit: February 15, 2025, 04:54:37 pm by Muzammil »
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Re: Leicester, PCN01, BluBadge, partial parked in a restricted street
« Reply #14 on: »
We didn't see what your original informal representation actually said? Anyway please post up a draft of what you believe your formal representation (challenge) against the Notice to Owner should say.

Include that the Council's rejection letter says "the PCN was issued as you vehicle was parked on the pavement". If that is the case then the alleged contravention on the PCN should say so. It doesn't so it is irrelevant to the contravention actually alleged which is for contravening the yellow lines waiting restriction which are subject to a Blue Badge exemption.

Plus the below.
Quote from: H C Andersen on February 01, 2025, 11:13:10 am
OP, I fear you're misleading yourself.

The law, which applies to the whole of England including the backstreets of Leicester, is that a motorist displaying a BB may park 'on' simple DYL for up to 3 hours(no return within 3 hours). 

Whether you as a valid BB holder which was displayed in the required position were partially on the pavement is IRRELEVANT as regards the law. If you've got a couple of hours then read through the government's consultation on this issue:https://www.gov.uk/government/consultations/managing-pavement-parking/pavement-parking-options-for-change#current-laws-on-parking

The essential extract is as follows:

Powers to tackle pavement parking
A pavement parking prohibition was introduced in London in 1974. Local authorities in England (outside London) can enforce against pavement parking where:

vehicles are parked in contravention of existing waiting restrictions (for example yellow lines, which also apply to the verge and the pavement)

a designated prohibition has been implemented through a TRO and prescribed, or authorised, traffic signs and bay markings; or

the vehicle parked is a ‘heavy commercial vehicle’ with an operating weight of over 7.5 tonnes

You were not parked in contravention of the DYL because your BB affords an EXEMPTION.

There weren't any bay markings or authorised traffic signs;

Your vehicle is not an HGV!

It annoys authorities across the country that without yellow lines- which adversely affect every road user- they cannot control footway parking in general or by BB holders in particular.

But the council's solution is not to declare UDI and make up rules and unlawfully seek to penalise BB holders a VERY serious and reprehensible act IMO.

Wait for the NTO - are you the registered keeper with current DVLA details?
« Last Edit: February 15, 2025, 05:49:37 pm by Enceladus »
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