Free Traffic Legal Advice
Menu
Login
Home
Search
Today's Posts
Login
Register
Live cases legal advice
»
Civil penalty charge notices (Councils, TFL and so on)
(Moderator:
John U.K.
)
London Borough Barking & Dageneham - Disable badge fell of dash - Appeal rejection
« previous
next »
Print
Pages: [
1
]
Author
Topic: London Borough Barking & Dageneham - Disable badge fell of dash - Appeal rejection (Read 311 times)
0 Members and 153 Guests are viewing this topic.
Del777
Newbie
Posts
:
1
Karma: +0/-0
London Borough Barking & Dageneham - Disable badge fell of dash - Appeal rejection
«
on:
March 17, 2024, 09:50:32 pm
»
I received a PCN due to my mothers disabled blue-badge falling of the dash when helping her out of the car.
An appealed was lodged with copies of the blue-badge and also mentioning the councils parking services discretion policy which suggests it may be appropriate to cancel such PCN's in these circumstances.
I was surprised to receive a rejection of appeal with some nonsense saying that the windows of car was checked.... Well I have tinted windows on the back and they wouldn't have necessarily seen the badge through the window anyway as it was found in the footwell.
Also sent a screenshot of their website which states blue-badge holders are entitled to park in residential bays and pointed out it doesn't necessarily say anything about actually displaying the badge - this point was completely ignored in the rejection letter.
What are my chances at adjudication?
<a data-flickr-embed="true" href="
https://www.flickr.com/photos/199951663@N04/53485607924/in/dateposted-public/
" title="PCN edited"><img src="
https://live.staticflickr.com/65535/53485607924_2639346051.jpg
" width="173" height="500" alt="PCN edited"/></a><script async src="//embedr.flickr.com/assets/client-code.js" charset="utf-8"></script>
REJECTION:
<a data-flickr-embed="true" href="
https://www.flickr.com/photos/199951663@N04/53592349285/in/dateposted-public/
" title="2nd20240316_170438"><img src="
https://live.staticflickr.com/65535/53592349285_23646caec5.jpg
" width="375" height="500" alt="2nd20240316_170438"/></a><script async src="//embedr.flickr.com/assets/client-code.js" charset="utf-8"></script>
<a data-flickr-embed="true" href="
https://www.flickr.com/photos/199951663@N04/53591029837/in/dateposted-public/
" title="2nd20240316_170451"><img src="
https://live.staticflickr.com/65535/53591029837_9192d14c24.jpg
" width="375" height="500" alt="2nd20240316_170451"/></a><script async src="//embedr.flickr.com/assets/client-code.js" charset="utf-8"></script>
DISCRETION POLICY
<a data-flickr-embed="true" href="
https://www.flickr.com/photos/199951663@N04/53592221094/in/dateposted-public/
" title="20240316_191158"><img src="
https://live.staticflickr.com/65535/53592221094_74733c3ce9.jpg
" width="359" height="500" alt="20240316_191158"/></a><script async src="//embedr.flickr.com/assets/client-code.js" charset="utf-8"></script>
<a data-flickr-embed="true" href="
https://www.flickr.com/photos/199951663@N04/53591902921/in/dateposted-public/
" title="LBBD Poicy 2"><img src="
https://live.staticflickr.com/65535/53591902921_aa0e9354de.jpg
" width="498" height="500" alt="LBBD Poicy 2"/></a><script async src="//embedr.flickr.com/assets/client-code.js" charset="utf-8"></script>
SCREENSHOT
<a data-flickr-embed="true" href="
https://www.flickr.com/photos/199951663@N04/53484387207/in/dateposted-public/
" title="20231104_155637"><img src="
https://live.staticflickr.com/65535/53484387207_af064593bd.jpg
" width="243" height="500" alt="20231104_155637"/></a><script async src="//embedr.flickr.com/assets/client-code.js" charset="utf-8"></script>
«
Last Edit: March 17, 2024, 09:52:19 pm by Del777
»
Logged
slapdash
Sr. Member
Posts
:
415
Karma: +4/-0
Re: London Borough Barking & Dageneham - Disable badge fell of dash - Appeal rejection
«
Reply #1 on:
March 17, 2024, 10:41:31 pm
»
Have you had discretionary cancellation related to a blue badge previously. Many authorities will only do it once.
The limited amount of the NOR shown doesn't include all their response which may matter.
Logged
Incandescent
Hero Member
Posts
:
5856
Karma: +120/-3
Gender:
Location: Crewe
Re: London Borough Barking & Dageneham - Disable badge fell of dash - Appeal rejection
«
Reply #2 on:
March 17, 2024, 11:09:04 pm
»
It's the usual Fob-Off letter that totally ignores your representations. It is designed to encourage you to cough-up and not wait for the Notice to Owner, as at that stage the discount option has gone. It is basically the same as a government answer to an MP's question in Parliament - it is short, it is totally accurate, and it doesn't tell you anything you didn't know already !
I would be strongly tempted to wait for the Notice to Owner and submit formal representations, but it's your money, not mine.
Logged
cp8759
Administrator
Posts
:
6143
Karma: +139/-4
Re: London Borough Barking & Dageneham - Disable badge fell of dash - Appeal rejection
«
Reply #3 on:
March 25, 2024, 11:44:18 pm
»
@Del777
can you please re-post the PCN and the notice of rejection properly? I tried going through the images on your flickr but they're mixed up with PCNs from Westminster and elsewhere.
Logged
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
Enceladus
Hero Member
Posts
:
836
Karma: +14/-0
Re: London Borough Barking & Dageneham - Disable badge fell of dash - Appeal rejection
«
Reply #4 on:
March 26, 2024, 02:11:09 am
»
At the top of the forum is a
"READ THIS FIRST" sticky post
.
This quite clearly tells you to only redact your name & address where present. Please leave everything else visible including the vehicle reg and the PCN number. So correct your document scans when you repost.
Logged
Print
Pages: [
1
]
« previous
next »
Live cases legal advice
»
Civil penalty charge notices (Councils, TFL and so on)
(Moderator:
John U.K.
)
London Borough Barking & Dageneham - Disable badge fell of dash - Appeal rejection
Login
×
Welcome,
Guest
. Please
login
or
register
.
Did you miss your
activation email
?
1 Hour
1 Day
1 Week
1 Month
Forever
Login with username, password and session length