Author Topic: NTO Stockport Road, Longsight Parking During Prescribed Hours - No PCN + Disabled Badge Holder  (Read 572 times)

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It's rather long, I would cut it down. It's not an appeal - it's representations at this stage and do it online.

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I am making representations against the PCN as the contravention did not occur owing to the exemption of displaying a Blue Badge.

I displayed my Blue Badge [picture attached] and clock in the prescribed position as required, from 11:30 to 13:30 when I returned to the car. As per my daily routine, I did not park before or after before these times on the day at this location.

Please note the Notice to Owner is the first time I have heard of this alleged contravention because I did not find a PCN on the car when I returned to it.

Referring to your pictures, there are none of the dashboard showing the Blue Badge and clock, and none of a PCN served on my car.

As it appears this PCN was issued in error, I look forward to its early cancellation.

Kind Regards

Thank you

Attach unredacted pictures/PDF scans of both sides of the Blue Badge to any representations and/or appeal to the Adjudicator. Not just the front.



This is what was sent to the council:


"Firstly, the Notice to Owner is the first I have heard of the alleged contravention because there was no PCN attached to my vehicle.

Secondly, I am making representations against the PCN as the contravention did not occur owing to the exemption of displaying a Blue Badge. I have uploaded a picture of the Blue Badge.

On the day of the alleged contravention, I displayed my Blue Badge and Clock in the prescribed position as required, from 11:30 to 13:30. As per my daily routine, I did not park before or after these times on the day at this location.

As I did not find a PCN on my car when I returned, I had no reason to photograph the position of my Blue Badge, and therefore have no photos of this.

Referring to your photos, there are none of the dashboard showing the presence or absence of my Blue Badge and Clock, just as there are none of a PCN attached to my vehicle.

In light of my Blue Badge exemption and my displaying of it, it appears the PCN has been served in error.

I therefore kindly request you to cancel the PCN."
« Last Edit: December 17, 2024, 12:39:55 pm by student.223 »

She has received an email response to the representation.

They've cancelled the PCN but I'm not happy with their response. It states that she was given a PCN for parking on a double yellow. But where she parked/parks is a single yellow.

Just wondering if she should reply and get clarification because that's where she parks every day. So she needs to know for sure if she can or cannot park there with the blue badge.


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The 3 hour blue badge exemption applies to double and single yellow lines provided there are no loading restrictions.

They obviously haven't looked at this properly and maybe just thought the PCN hadn't been served.

You can write to them pointing out their error but I wouldn't worry unless it happens again - it would likely be a CEO who needs training.
« Last Edit: December 17, 2024, 12:52:55 pm by stamfordman »

The 3 hour blue badge exemption applies to double and single yellow lines provided there are no loading restrictions.

They obviously haven't looked at this properly and maybe just thought the PCN hadn't been served.

You can write to them pointing out their error but I wouldn't worry unless it happens again - it would likely be a CEO who needs training.

Should she reply to the email with a photo of the single yellow, and a link to the relevant legislation that states a blue badge holder can park on a single and double yellow?

Or just ignore it now and keep parking there as normal.

They know the law. The letter is just all too typical rushed nonsense we often see and in any case they rarely concede they've got certain things wrong. 

But if you want to reply say something like you were puzzled by the letter and for clarification, you were on a single yellow using your blue badge, which is an exemption, and this also applies to double yellows. 


Well done.

Perhaps..

Thank you for your letter confirming that PCN ******* has been cancelled.

However, I am compelled to write to you because of your comment that my Blue Badge is not valid on double yellow lines because:

'You were given a PCN for parking on a double yellow line; you cannot park here at any time.'

Setting aside for one moment the fact that I was actually parked on a single yellow line, I know of know lawful reason why I should be prevented from parking on DYL provided I display a valid Blue Badge. If the council have received an exemption from the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 (not that even the Secretary of State has this power), then please confirm and provide me with a copy or legal reference. Otherwise, please confirm that this comment is without merit and that I and every other BB holder in your jurisdiction am safe to follow the guidance given in the BB booklet, see attached:

https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england



Thank you 😊

I have sent them the email. I've had to send it to the council's parking department because the email address that the response came from - although a standard address - doesn't accept incoming mail.

I will update if there's anything noteworthy.

Many thanks for your and everyone else's help and support. I truly appreciate it - as does the driver in question.

Their response



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