Author Topic: NtO Herefordshire Council Parked on Disabled Bay  (Read 103 times)

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Choicegrain

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NtO Herefordshire Council Parked on Disabled Bay
« on: February 12, 2024, 08:00:07 pm »
Hi everyone,

I received a NtO from Herefordshire Council recently in regard to a PCN issued on the 13/12/2023. The PCN was for "Parked in a designated disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner".
I have moved home since, and only received the NtO a few days ago from the current occupier of my previous residence.

The alleged contravention occurred in the run up to Christmas when I parked on what seemed like a normal free parking bay where you are allowed up to an hour for free. There are free parking bays dotted along the road on the same side for about a quarter of a mile.

My defence: When I parked on what seemed like a normal parking bay with no markings, I assumed it was part of the same parking run where you are allowed up to 1 hour for free. It was getting dark and the signage wasn't immediately apparent. The parking attendant has tried to display in their photographs that there was enough light, although they have struggled with the sign on the post. The parking attendant has also tried to make seem that the "Disabled" sign was closer to my car than it normally is, which is not the case. Please see Google Map image for proximity of signage.
In hindsight, I did remember a faint(due to light) "Disabled" sign, but thought nothing of it as there was a car parked where the sign was on the road. Furthermore, when I looked around I couldn't see and other signs notifying the restrictions, although further up there is a sign post.

Having parked for about half an hour, I discovered when I got back that a PCN had been stuck to my windscreen. I inspected the time and it was around exactly when I had parked, so it wouldn't surprise me if the attendant was lying in wait, and if this particular spot was a "honey trap" for issuing PCNs.

Other mitigating factors: I have since moved home and only received the NtO a few days ago. I also have depression and get Level 1 Counselling(Suicide and other risk) at the time and at present.

Any help would be greatly appreciated.

Thank you in advance.


Google Maps Link: https://maps.app.goo.gl/bkXuCMpZEhsvCJL8A


PCN and NtO Links:




















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Incandescent

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Re: NtO Herefordshire Council Parked on Disabled Bay
« Reply #1 on: February 12, 2024, 11:10:04 pm »
Is the address on your V5 Registration Certificate still out-of-date ? If not, then update it as soon as you can.

From your narrative, you received a PCN, and then had the opportunity to pay at the discounted rate or to submit an informal challenge, but you did neither. Any reason for ignoring the PCN ?

GSV for November 2022 shows two bays clearly separated by a white line, lying each side of an entry passage between two buildings.  Both bays are clearly signed. The bay for BB holders also has a carriageway marking "disabled". 
I have to say that at first glance, reading your narrative, and also looking at the GSV view, was that you are bang-to-rights, but a look at the PCN shows it is flawed and in my view fatally, because it does not contain a legally mandated item of information as defined in the relevant regulations: -

Extract from the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022
Quote
Information to be included in regulation 9 penalty charge notices and enforcement notices
Information about right to make representations or appeal to be included in regulation 9 penalty charge notices and enforcement notices
3.—(1) A regulation 9 penalty charge notice must include the following information—

    (a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make
        representations to the enforcement authority against the penalty charge and, if those representations are
        rejected, appeal to an adjudicator;
    (b)that if, before a notice to owner is served, representations against the penalty charge are received at
        such address as may be specified in the notice for the purpose those representations will be considered by
        the enforcement authority;
    (c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b),
        representations against the penalty charge must be made to the enforcement authority in the form and manner
        and at the time specified in the notice to owner.

Key words marked as bold text by me

As you are "in" for the full PCN penalty, submit representations on the basis that there has been a procedural impropriety by the council, because the PCN does not contain a mandatory item of information mandated by law, namely (3)(1)(c). As this item is required by law to be on the PCN but the PCN does not contain it, the PCN is void and must therefore be cancelled.
« Last Edit: February 12, 2024, 11:16:41 pm by Incandescent »

Choicegrain

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Re: NtO Herefordshire Council Parked on Disabled Bay
« Reply #2 on: February 13, 2024, 05:38:17 pm »
Many thanks for your reply Incandescent. I really appreciate you taking the time to reply.

I will update the V5 address details a.s.a.p.

For the PCN, I waited until the Council sent the NtO as I didn't have any photographs to post on this site. I checked within the grace period but Herefordshire Council didn't have any details of the event, such as say a Private Parking Firm would have for example, where you enter the PCN number and you can see all the details and pictures. So, I decided to wait until I got the pictures plus I had plenty of issues going on with the house move, so this got delayed. I was also dependant on the current tenant of my previous property handing over the letter, which they kindly did.

I will send off the letter to the Council highlighting the PCN flaw as recommended by you, and will update once I receive a reply from them.

Many thanks again.

Kind regards

H C Andersen

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Re: NtO Herefordshire Council Parked on Disabled Bay
« Reply #3 on: February 13, 2024, 06:01:07 pm »
Notifying DVLA is important, but as regards this issue not as important as formally notifying the council that your address for all future correspondence, including a response to your representations is your current address. You can do this in your reps, but make it crystal clear. 

Until you do, the council must use your previous address i.e. the one which applied at the date of contravention. It's the law, so pl don't debate or try to rationalise.

Choicegrain

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Re: NtO Herefordshire Council Parked on Disabled Bay
« Reply #4 on: February 13, 2024, 07:52:28 pm »
Thank you H C Andersen, will do.

cp8759

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Re: NtO Herefordshire Council Parked on Disabled Bay
« Reply #5 on: February 19, 2024, 12:04:37 am »
Council photos:













I have requested the traffic order but there is also another issue with the PCN, let's wait and see what they say in the rejection letter though.
« Last Edit: February 19, 2024, 12:06:23 am by cp8759 »
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

cp8759

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Re: NtO Herefordshire Council Parked on Disabled Bay
« Reply #6 on: February 19, 2024, 05:27:37 pm »
@Choicegrain looks like I might have hit the jackpot when I got the traffic orders:

The County of Herefordshire District Council (Various Roads, Ledbury) (Prohibition of Waiting) (Restricted Waiting) (Taxi Rank Stand) Order 2006
The County of Herefordshire District Council (The Homend & Masefield Avenue, Ledbury) (Prohibition of Waiting) Order 2016

Neither order described this particular bay, I've gone back to ask for clarification but it may well be that the relevant order doesn't exist.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

cp8759

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Re: NtO Herefordshire Council Parked on Disabled Bay
« Reply #7 on: February 20, 2024, 08:25:14 pm »
The bay does not exist at this location, this is the response from the council:

The service area have advised the schedule is on Page 11 of the Traffic Order for Various Streets 2006 (page 13 of the PDF document originally provided.)

Please see the screenshot below, extracted from the PDF document originally provided.




As the bay is around 40 metres north of the junction with Bye Street rather than 159 metres, the PCN has more holes than a sieve.

@Choicegrain are you still with us?
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Choicegrain

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Re: NtO Herefordshire Council Parked on Disabled Bay
« Reply #8 on: March 01, 2024, 02:55:07 pm »
[\quote]
As the bay is around 40 metres north of the junction with Bye Street rather than 159 metres, the PCN has more holes than a sieve.

@Choicegrain are you still with us?
[/quote]


Of course I'm am cp8759. I'm with you 100%! Unfortunately have been unwell as well as fighting other fires with my local Council in regard to Council Tax which is adding to my woes.

So to update, I have updated the V5c document, plus I sent Incandescent's suggested appeal to Herefordshire Council. So, currently waiting on that. Plus, with these added points that you have pointed out, surely they must throw in the towel, no?

Thanking you kindly for your support.
« Last Edit: March 01, 2024, 03:07:54 pm by Choicegrain »