Free Traffic Legal Advice

In what way was the badge not displayed in the prescribed manner?

Manner in which a badge is to be displayed
12.  For the purposes of section 21(4A) of the 1970 Act a disabled person’s badge is displayed on a vehicle in the prescribed manner if–

(a)the badge is exhibited on the dashboard or facia of the vehicle, or

(b)where the vehicle is not fitted with a dashboard or facia, the badge is exhibited in a conspicuous position on the vehicle,

so that the front of the badge is clearly legible from the outside of the vehicle.

from https://www.legislation.gov.uk/uksi/2000/682

Oh, I finally see that you set the clock incorrectly. Sorry.

Thank you for your replies, here is my draft

Dear Lincolnshire County Council,

I parked on a disabled bay and I displayed my valid Blue Badge which is clearly displayed from the windscreen as shown in CEO's photographs.

I am the holder of the blue badge, I was parked for less than 15 minutes from 9.12am to 9.22  I had an appointment at 9am at Boots opticians in the Hildreds Centre Skegness , my journey to the appointment was delayed  because I called at an egg distribution centre to collect eggs for the local food bank on my way to Skegness and there was a problem there.  I arrived on Lumley Road Skegness at 9.12, parked in the disabled parking bay and displayed my blue badge and clock.  I was unable to see the optician and I was given another appointment for Saturday 8 March (photos of text confirmation of appointmentments attached)

I returned to my vehicle to see the CEO placing the PCN on my car, I was shocked as I couldn’t understand why I was getting the PCN he pointed out that the time on my clock was 10 am and it was only 9.22. He had only observed my vehicle for  1 minute before he issued the PCN I arrived as he was placing the paperwork in the sticky envelope.  It would appear that I did not display my parking clock with the arrival time of 9.15am correctly as I was in a rush to attend the appointment. However, according to the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000, using a clock is not a requirement when parking in a disabled bay.

Regulations 11 and 12 of the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000 sets out the requirements for the display of a Blue Badge. There is no reference in the Regulations to a parking clock or disc.

The only reference to a disc or clock is in the Local Authorities Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 where it must be displayed in circumstances where the display of the badge provides an exemption from a yellow line waiting restriction (see Regulation 8 ).

Therefore, no contravention has occured  I request that the PCN be cancelled.

Regards,

Bear in mind this is an informal challenge - I would shorten it no harm done.

Thank you you are amazing!

I was mulling my PCN overnight wondering why is it that all the ‘normal’ 30 minute wait bays did not need to display a clock but disabled drivers in a disabled bay (were under the impression that they) need to.  Note,  it is probably good practise to display a clock to avoid confusions as to where to display

I know it was suggested to minimise my response but I feel that LCC really need to hear all of this.  This is my amended draft I am happy to clip if advised to.

Thank you in advance

Dear Lincolnshire County Council,

I parked on a disabled bay and I displayed my valid Blue Badge which is clearly displayed from the windscreen as shown in CEO's photographs.

I am the holder of the blue badge, I was parked for less than 15 minutes from 9.12am to 9.22  I had an appointment at 9am at Boots opticians in the Hildreds Centre Skegness , my journey to the appointment was delayed  because I called at an egg distribution centre to collect eggs for the local food bank on my way to Skegness and there was a problem there.  I arrived on Lumley Road Skegness at 9.12, parked in the disabled parking bay and displayed my blue badge and clock.  I was unable to see the optician and I was given another appointment for Saturday 8 March (photos of text confirmation of appointmentments attached)

I returned to my vehicle to see the CEO placing the PCN on my car, I was shocked as I couldn’t understand why I was getting the PCN he pointed out that the time on my clock was 10 am and it was only 9.22. He had only observed my vehicle for  1 minute before he issued the PCN I arrived as he was placing the paperwork in the sticky envelope.  It would appear that I did not display my parking clock with the arrival time of 9.15am correctly as I was in a rush to attend the appointment. However, according to the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000, using a clock is not a requirement when parking in a disabled bay.

I am making representations against this PCN on the grounds that the penalty exceeds the amount applicable in the circumstances of the case. My detailed reasons are set out below, but before going into these I would add by way of background that I parked in the bay, displayed my blue badge and was stationary for less than 30 minutes. I displayed my parking clock out of habit rather than by virtue of any legal obligation.

I understand that the County Council's traffic order requires a parking disc to be displayed in this bay in addition to a blue badge being displayed in the prescribed manner. However, the contravention grounds state that I was parked without displaying a disabled badge in the prescribed manner and do not refer to the parking disc despite this being the only issue between us. What the authority are attempting to do is to broaden the specified contravention grounds which refer only to a Blue Badge to include a parking disc.

This is not lawful because the grounds include two terms defined in legislation, namely disabled badge holder and badge displayed in the prescribed manner, and amending these for the council's own purposes is not permitted. That the TRO requires a parking clock is not at issue, the council's problem is how they may enforce this within the limits set by legislation and the Secretary of State's Statutory Guidance, and using this contravention description is not an option.

In addition, there is no requirement to display a parking clock stated on the traffic sign and this is because the sign used is of the form specified by Ministers in the Traffic Signs etc. Regulations and therefore compliant with the council's LATOR duties. However, for the same reasons as above it does not lie with the council to use this sign to convey a different  bespoke restriction i.e. that because you have placed a time limit on use of the bay this necessarily conveys an additional, non-prescribed, meaning namely that a parking clock must be displayed in the same manner as applies to yellow line waiting restrictions.

There is also an Equality Act issue that the Council has a duty to consider. Regular limited waiting bays don't require the display of a parking disc clock. By making disabled people set and display a clock is treating them different to able bodied people who park in a regular limited waiting bay and it creates a situation where disabled people have a higher chance of making an error such as the clock falling off or being set incorrectly. Timings should be based on CEO observations the same as a regular limited waiting bay. There is no need to give the disabled the extra burden of setting and displaying a clock. I believe that the Council is unlawfully treating disabled people differently from able bodied people and I ask you to reconsider your approach to disabled badge holders only limited waiting parking places.

My advice was not to go in all guns blazing but start with an honest mistake and gently point out the clock isn't necessary.

Anyway, you have teased out their position which is obviously wrong - "Unfortunately, these rules are set by central government" - is wrong and why they say it's unfortunate is presumably to mean their hands are tied.

As far as I know the blue badge responsibilities are not all reflected in law.

I'll see if I can find their parking places order.

You've established their ignorance, so IMO carry on.

Will this mean I have to go to court?

No, a thousand times No !

The process for civil enforcement of PCNs is a specific process in law, defined, on your PCN by the Traffic Management Act, and associated regulations. There is no court, but there is an adjudication office called the Traffic Penalty Tribunal, that hear appeals against PCNs when all representations against a PCN have been rejected by the issuing council. Virtually all adjudications are by phone or, more recently, by video. There is nothing daunting about it at all.  The legislation deliberately cut-out any involvement by county courts, so there is no possibility AT ALL of a CCJ.

In the most recent letter refusing your informal challenge to the PCN, they point out that if you don't pay, the owner of the vehicle will be served with a Notice to Owner allowing the owner to pay, or submit formal representations. If the council refuse these, then an appeal can be registered at the adjudicators described above.

https://www.trafficpenaltytribunal.gov.uk/