Author Topic: O2 offense - Parked unrestricted road with a disability badge  (Read 888 times)

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O2 offense - Parked unrestricted road with a disability badge
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Hi,

I want to appeal this as my father who is disabled needed me to take him out of the car and i correctly displayed the badge, however the PCSO said no disability badge allowed even though i couldnt see anywhere stating that. I was parked inside the bay..(not loading bay).

This is from the Birmingham city council. Does my appeal have any ground? Can someone please help me appeal?

Thank you soo much in advance

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« Last Edit: October 13, 2023, 09:04:14 pm by wakizashi35 »

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Re: O2 offense - Parked unrestricted road with a disability badge
« Reply #1 on: »
photo 2

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« Last Edit: October 13, 2023, 08:59:18 pm by wakizashi35 »

Re: O2 offense - Parked unrestricted road with a disability badge
« Reply #2 on: »
Please post up both sides of the unredacted PCN.

Re: O2 offense - Parked unrestricted road with a disability badge
« Reply #3 on: »
Please see photos attached

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Re: O2 offense - Parked unrestricted road with a disability badge
« Reply #4 on: »
Unrestricted road???
The photos clearly show both waiting and loading restrictions in operation when the PCN was issued.
The BB gives exemption from the waiting restriction but not when loading restrictions also are in force.

About the only thing I can think of is vague location being as Alum Rock Road is a long road (unlikely to fly IMO) or an apologetic challenge based on ooops, I didn't notice the loading restriction please use your discretion to cancel... enclose a copy of the BB

Re: O2 offense - Parked unrestricted road with a disability badge
« Reply #5 on: »
You recon i dont have much chance at the appeal?

Re: O2 offense - Parked unrestricted road with a disability badge
« Reply #6 on: »
Its not really a restricted road....its a main road....shops and all....like a normal road really...not sure why its restricted

Re: O2 offense - Parked unrestricted road with a disability badge
« Reply #7 on: »
Its not really a restricted road....its a main road....shops and all....like a normal road really...not sure why its restricted
The term restricted refers to any parking restrictions that may apply.
Sorry, we forget it's legal speak, not to be confused with a road where access may be restricted due to roadworks or similar.
In this case waiting and loading restrictions as shown by the yellow line and yellow kerb blips.
The post sign says when they are in force.

When your Dad got his BB he should have received a guidance booklet...worth a read to avoid this sort of error, a BB does not mean you can park anywhere.
Online versions here https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england

I didn't say not a chance, just that there were no clear options..to me.
Someone else may come up with something.

If nothing else, try this, you never know and as long as sent within the 14 day discount period, they will re-offer so nothing to lose.

Dear Sirs
Ref PCN ?
I seem to have made a mistake but to be honest, haven't a clue what that is.
I was taking my Dad (the Blue Badge Holder) shopping and parked in a parking bay. The bay was not operative, a yellow line restriction was in force so I displayed the Blue badge as I believed I should.
When I saw the CEO giving the PCN I asked why but was told the badge doesn't count.
But I don't know why.
If I was in error as the CEO said, please accept my sincere apologies and request that you use your discretion to cancel this PCN.
I attach a copy of the Blue Badge for your records.
Many thanks in anticipation.
Hugs and Kisses

The last line is optional.
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Re: O2 offense - Parked unrestricted road with a disability badge
« Reply #8 on: »
I agree with DancingDad's suggestion, but in the meantime please give us the number plate. I want to get hold of the traffic order just in case it doesn't match the signs and lines, but I need to have a look at the photos on the council website first.
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

Re: O2 offense - Parked unrestricted road with a disability badge
« Reply #9 on: »
I agree with DancingDad's suggestion, but in the meantime please give us the number plate. I want to get hold of the traffic order just in case it doesn't match the signs and lines, but I need to have a look at the photos on the council website first.

Written words are in TPT library... I think this one.
https://tro.trafficpenaltytribunal.gov.uk/TRO/Birmingham/BM117.pdf
But no plans and they will be needed to show restrictions that should be in place
Re the words...3.4.1 applies

Re: O2 offense - Parked unrestricted road with a disability badge
« Reply #10 on: »
@cp8759 Just sent you my number plate by DM

Re: O2 offense - Parked unrestricted road with a disability badge
« Reply #11 on: »
I agree with DancingDad's suggestion, but in the meantime please give us the number plate. I want to get hold of the traffic order just in case it doesn't match the signs and lines, but I need to have a look at the photos on the council website first.

Written words are in TPT library... I think this one.
https://tro.trafficpenaltytribunal.gov.uk/TRO/Birmingham/BM117.pdf
But no plans and they will be needed to show restrictions that should be in place
Re the words...3.4.1 applies

Not tooo sure about this one...can you please explain it alittle bit further for me? really appreciate it thank you

Re: O2 offense - Parked unrestricted road with a disability badge
« Reply #12 on: »
Do not even think about the traffic order at this stage IMO. DD's draft positions you as an unaware driver NOT Perry Mason and IMO any departure from DD's line would be foolish at this stage. You are asking them to exercise discretion.

I would suggest a possible addition to DD's draft . Remember, the BB booklet isn't issued to the driver, it's issued to the BB holder who really should know and communicate the do's and don'ts.

..displayed the BB as I should ...to become 'as my dad told me. I've since found out that he has been issued with a booklet which explains the limitations of use at loading restrictions and I'll take this on board and make sure other family drivers are warned similarly, but I won't tell him or hold him to blame. If the council would exercise discretion I should be grateful, but if not then family loyalty means I'd probably have to take one for the team and pay the penalty.

Maybe a bit thick, but c'est la vie.
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Re: O2 offense - Parked unrestricted road with a disability badge
« Reply #13 on: »
No issues with HCA's suggestion, my family all work on blaming Dad, it does fill in the picture of a dutiful  son (daughter) helping Dad out and copping a PCN for their troubles

Don't worry on the Traffic order comment.... these are the bits of legislation that create the parking restrictions, we are looking at them and if they help can always raise them later.
Clause 3.4.1 simply confirms what I expected to see.... BB exemption exists on yellow lines (it has to) but not when loading restrictions are present

Re: O2 offense - Parked unrestricted road with a disability badge
« Reply #14 on: »
I totally agree with the comments above, however as a back-up I have requested the traffic order including the relevant plans. It can take a few weeks to get hold of it, so it has to be requested up-front or it might not come back in time before it's needed.
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