Author Topic: Parking Tribunal - Ticket displaying Blue Badge  (Read 889 times)

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Parking Tribunal - Ticket displaying Blue Badge
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Hello,

I hope you can help with the following. I parked on Hill Street Birmingham, outside New Street Station in a disabled bay, displaying a blue badge. The Bay was marked DISABLED on the road with no kerb markings, photo attached, please note bollards have now been removed with double yellows extending up the hill as well as down. I was dropping off my father in law to New Street station, owner of the blue badge. The bay has

I have now reached the tribunal stage after making (surprise, surprise for a broke council) unsuccessful appeals. Any help and guidance on how to prepare for this tribunal, including extra evidence to upload, is most welcome. My appeals were based on the following:


1) The Penalty charge exceeded the amount applicable in the case - The original ticket was for £70 and the penalty on the NtO is £100.
2) Procedual Impropriety - none of the photos provided as evidence provide proof that the vehicle remained in time restricted parking bay for longer the 5 minutes allowed
3) Other grounds - Under the Equality Act 2010 disabled people must be provided with the suitable facilities, assistance and allowances to enable them to carry out activities that an able bodied person can. A disabled parking bay outside a train station should provide sufficient time to enable the access/egress of the adjoining facility. 5 minutes is insufficient time to park, unload a wheelchair, unload a disabled person and assist to gain access to the facility. In such cases the equality act overrides the Traffic Management Act 2004 and its associated regulations. If we had parked outside the marked bay on the adjacent double yellow marked lines, displaying a blue badge, we would have been allowed the standard 3 hours parking allowance, making the restriction on this small bay particularly absurd.

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Re: Parking Tribunal - Ticket displaying Blue Badge
« Reply #1 on: »
Is the 10 minute grace period applicable in this case?

PCN says observed for 7 minutes, with a restriction of 5 minutes within the bay. Parking Warden even watched my unload the wheelchair and my father in law to it!

Re: Parking Tribunal - Ticket displaying Blue Badge
« Reply #2 on: »

I have now reached the tribunal stage

We need to see your reps and the council's NOR before we can scope all potential grounds.

Re: Parking Tribunal - Ticket displaying Blue Badge
« Reply #3 on: »
Is this where you were parked?

https://maps.app.goo.gl/7M5cU6qSQTFamHV37
« Last Edit: November 01, 2023, 12:04:07 am by cp8759 »

« Last Edit: November 01, 2023, 12:04:17 am by cp8759 »

Re: Parking Tribunal - Ticket displaying Blue Badge
« Reply #5 on: »
Initial Challenge

When this PCN was awarded the vehicle was parked in a disabled bay, displaying a valid blue badge, to drop off a wheelchair user to New Street Station Staff, so families member could catch a train. The parking warden observed us unloading the wheelchair and accessing New Street Station. No longer was stayed beyond unloading wheelchair, drop off and returning to vehicle.
We appeal on the basis,
A) No kerb markings were present to indicate there is time limitations on the space, above and beyond Birmingham Council statutory 3hour limit.
B) Time permitted was insufficient to carry out drop off activity for disabled user at New Street Station as is evidently clear this space is designed for
C) No compassion was applied by parking warden who observed disabled user being assisted

Re: Parking Tribunal - Ticket displaying Blue Badge
« Reply #6 on: »
2nd Challenge, annoyed with myself for not requesting help on this matter. :-[

I am writing to you following the receipt to the NtO in relation to the above PCN. My appeal is based on the following grounds:
1) The Penalty charge exceeded the amount applicable in the case - The original ticket was for £70 and the penalty on the NtO is £100. Under parking guidelines the amount of the PCN can only increase after the time window of the NtO.
2) Proceduual Impropriety - none of the photos provided as evidence provide proof that the vehicle remained in time restricted parking bay for longer the 5 minutes allowed
3) Other grounds - Under the Equality Act 2010 disabled people must be provided with the suitable facilities, assistance and allowances to enable them to carry out activities that an able bodied person can. A disabled parking bay outside a train station should provide sufficient time to enable the access/egress of the adjoining facility. 5 minutes is insufficient time to park, unload a wheelchair, unload a disabled person and assist to gain access to the facility. In such cases the equality act overrides the Traffic Management Act 2004 and its associated regulations.

If we had parked outside the marked bay on the adjacent double yellow marked lines, displaying a blue badge, we would have been allowed the standard 3 hours parking allowance, making the restriction on this small bay particularly absurd.

I look forward to your response.

Re: Parking Tribunal - Ticket displaying Blue Badge
« Reply #7 on: »
Dave we may well be able to help you win this. We don't know because we need to see all the documents please post the PCN the NTO the NOR we can then see what can be done

Re: Parking Tribunal - Ticket displaying Blue Badge
« Reply #8 on: »
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Re: Parking Tribunal - Ticket displaying Blue Badge
« Reply #9 on: »
Dave
Where are you getting the £70 PCN and the £100 NTO from?
The PCN clearly says £50 discounted to £25 if paid within the time period
The NTO clearly says £50 now due

IMO the 10 minute grace period must apply.
You were parked lawfully in a designated parking space.
The regs preclude any PCN being served within the 10 minutes.
https://www.legislation.gov.uk/uksi/2022/71/regulation/5
Reg 5(2)

Personally I would forget the draft entirely and go with the above.

Re: Parking Tribunal - Ticket displaying Blue Badge
« Reply #10 on: »
I would expect the 10 minute GP to apply only concern i have is was you clock set and is there a photo showing more than ten minutes, we had better see the council photos

In an appeal i would also be arguing PI as the NOR is defective
« Last Edit: October 30, 2023, 06:19:17 pm by Pastmybest »

Re: Parking Tribunal - Ticket displaying Blue Badge
« Reply #11 on: »
The parking place was designated.
There is no issue that the OP was parked legitimately from 13.38. They were therefore in contravention at 13.43.
IMO, authority were prevented from demanding a penalty until 13.54.
The PCN was issued at 13.45.

Re: Parking Tribunal - Ticket displaying Blue Badge
« Reply #12 on: »
The NOR does Dave favours on the time, they do not suggest in anyway that the vehicle was in contravention until the end of the 7 min observation time, when a PCN was issued.
Couple that with Dave's account of the CEO watching them getting the wheelchair out and it is a simple conclusion that the CEo saw them arrive and the observation time was the time parked.

Even if it wasn't, the only time the CEo can be certain of is the time that they first observed.... which brings HCA's comment above into play.

Re the clock setting... no way will an adjudicator base an exact time within 5 minutes on a clock that has lickle 15 minute markings... key case in LT library deals with clock setting and that point.
https://www.londontribunals.gov.uk/sites/default/files/keycases/Behal%20v%20L%20B%20Redbridge%20-%202090232156.pdf

Re: Parking Tribunal - Ticket displaying Blue Badge
« Reply #13 on: »
The NOR does Dave favours on the time, they do not suggest in anyway that the vehicle was in contravention until the end of the 7 min observation time, when a PCN was issued.
Couple that with Dave's account of the CEO watching them getting the wheelchair out and it is a simple conclusion that the CEo saw them arrive and the observation time was the time parked.

Even if it wasn't, the only time the CEo can be certain of is the time that they first observed.... which brings HCA's comment above into play.

Re the clock setting... no way will an adjudicator base an exact time within 5 minutes on a clock that has lickle 15 minute markings... key case in LT library deals with clock setting and that point.
https://www.londontribunals.gov.uk/sites/default/files/keycases/Behal%20v%20L%20B%20Redbridge%20-%202090232156.pdf

All fair points

Re: Parking Tribunal - Ticket displaying Blue Badge
« Reply #14 on: »
....
All fair points
Bear in mind that the PCN is for overstay so there would seem no issue on BB or Clock.
I would expect a failure to display otherwise.

What was your non complince on the NOR?