Author Topic: Merton- parked in disabled bay whilst sitting inside the car  (Read 734 times)

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hi all
a bit of a frustrated situation. We stopped at a disabled bay inside a merton car park whilst my husband ran to the pharmacy to pick up my meds for me (I am a cancer patient). I was being alert and watching out for parking wardens - but this guy was sneaking at the back. My husband saw him taking photos already as he was walking back to the car. However he did not even come to the front of the car to check if we had a disabled badge ? (we did have a blue badge in the past - but still waiting for council to approve for the renewal) We drove off as he was taking photos and now they have posted us the PCN via post.

The charge is ' 87 Parked in a designated disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner'

isn't there a rule that the warden must check for the badge or wait a few minutes being issuing the ticket?

 or should I just cut my losses and bite the bullet on this one?

Thank you.
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Re: Merton- parked in disabled bay whilst sitting inside the car
« Reply #1 on: »
Your narrative admits that you parked in the disabled bay without a BB and chanced your arm, hoping a CEO did not turn up, so it's quite difficult to think of any really solid appeal argument. Sorry if this isn't what you wanted to hear.

You drove off before the CEO could have served a PCN, so he correctly put you down as a "driveaway". Under the Traffic Management Act 2004, a new process was introduced to deal with 'driveaways, which previously could not be served a PCN. Under the new process, the council can serve a postal PCN because the CEO was in the process of preparing a PCN to serve, which is why you got it in the post, not on your car.

However, your narrative also suggests a reasonable appeal argument, namely that your husband or yourself are waiting for a new BB, (is this a renwal, or a totally new one ?). You would need to provide some collateral to support your BB appeal, so include copies of your BB application.
 

Re: Merton- parked in disabled bay whilst sitting inside the car
« Reply #2 on: »
I should beat this. No-one prevented service, that is one reason to justify postal service. The council should have said you drove away before they could serve. I have several tribunal decisions in support.
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.

Re: Merton- parked in disabled bay whilst sitting inside the car
« Reply #3 on: »
OP, we need the VRM so that the council's photos can be reviewed.

Re: Merton- parked in disabled bay whilst sitting inside the car
« Reply #4 on: »
Sorry. The VRN is LF56GVL

Re: Merton- parked in disabled bay whilst sitting inside the car
« Reply #5 on: »
re posting the PCN

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Re: Merton- parked in disabled bay whilst sitting inside the car
« Reply #6 on: »
Well the CEO has pictured you so can't see why they couldn't have served the PCN.
Were other spaces available?




Re: Merton- parked in disabled bay whilst sitting inside the car
« Reply #7 on: »
Well the CEO has pictured you so can't see why they couldn't have served the PCN.
Were other spaces available?

there maybe one or two far spaces available - but 1/3 of the car park has been fenced off for Morrisons refurb.


Re: Merton- parked in disabled bay whilst sitting inside the car
« Reply #8 on: »
Superdrpanda - please send me an unredacted copy of the PCN by email to mrmustard@zoho.com - I will then send you an authority letter to sign and make the representations for you (free of any charge).
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.

Re: Merton- parked in disabled bay whilst sitting inside the car
« Reply #9 on: »
Superdrpanda - please send me an unredacted copy of the PCN by email to mrmustard@zoho.com - I will then send you an authority letter to sign and make the representations for you (free of any charge).

Emailed you @mrmustard

Re: Merton- parked in disabled bay whilst sitting inside the car
« Reply #10 on: »
I made the following formal representation:

The allegation is denied. No person prevented service of a PCN and adjudicators find that prevention requires violence or the threat of it, as the below sample decision shows, this being one of a dozen decisions I have on the subject.

Which met this response.

I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
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