Free Traffic Legal Advice

Dear all
I would really appreciate any advice or support you can offer. I have recently received two PCN 53j fines for entering a pedestrian street, but I had unavoidable reasons for doing so.

My 9 year old son has additional needs and attends a school located in a restricted school street.  This school isn't local to us.  The local authority provides transport for my son.  Lately, he has been highly dysregulated and has even faced suspensions.  When he experiences a meltdown, the school struggles to manage and calls us at short notice to collect him immediately.

Due to these challenges, the school requested that we accompany him on a trip, which meant we had to drive into the restricted street to park near the school.  He has a blue badge, and given his needs, parking further away was not a realistic option.

Two weeks later, he had parents evening at the school, and once again, we had no choice but to enter the restricted street to park as close as possible.

I appealed both PCNs, explaining the circumstances, but my appeal was rejected. I find this incredibly unfair. Parents with children with additional needs do not choose these challenges, and while we do our best to follow the rules, sometimes we simply have no other option.  Dragging an already dysregulated child to another street is not feasible.

If there is anything I can do to challenge this further, I would be truly grateful for your guidance.

Thanking you in advance for any advice or support.

Dear all
I would really appreciate any advice or support you can offer. I have recently received two PCN 53j fines for entering a pedestrian street, but I had unavoidable reasons for doing so.

My 9 year old son has additional needs and attends a school located in a restricted school street.  This school isn't local to us.  The local authority provides transport for my son.  Lately, he has been highly dysregulated and has even faced suspensions.  When he experiences a meltdown, the school struggles to manage and calls us at short notice to collect him immediately.

Due to these challenges, the school requested that we accompany him on a trip, which meant we had to drive into the restricted street to park near the school.  He has a blue badge, and given his needs, parking further away was not a realistic option.

Two weeks later, he had parents evening at the school, and once again, we had no choice but to enter the restricted street to park as close as possible.

I appealed both PCNs, explaining the circumstances, but my appeal was rejected. I find this incredibly unfair. Parents with children with additional needs do not choose these challenges, and while we do our best to follow the rules, sometimes we simply have no other option.  Dragging an already dysregulated child to another street is not feasible.

If there is anything I can do to challenge this further, I would be truly grateful for your guidance.

Thanking you in advance for any advice or support.



https://maps.app.goo.gl/fwpHRLVfS1Qsuw4Z6

https://imgur.com/a/PAfKfhp

I have attached the remaining documents.  Sorry am not great with technology

I have added the remaining documents.  Thank you 😊

If your son can walk you need to park outside the school street. These streets aren't usually very long. If there are no pay bays you can challenge tickets on assisted boarding/alighting.

Whereas, in Alibon Road (between Hunters Hall Road and Wantz) there is access to a B&D school - Hunters Hall primary.

This is the school concerned in the OP's reps for one of the PCNs.

A blue badge is an exemption but it has to be applied for so I'd say their rejection is wrong in not saying that and in considering discretion.

https://www.lbbd.gov.uk/school-streets/school-street-exemptions

https://www.lbbd.gov.uk/sites/default/files/2023-08/10082023_Exemption%20Policy%20update_website.pdf

Exemption Four – Blue Badge Holders
Blue Badge holders that require access to a property inside a School Street (including those dropping
off or collecting from the school) during the hours of operation can apply for an exemption.
Further Notes on Exemption Four
• Schools may be required to confirm the status of parents or students who are included in an
exemption application
• If you fail to provide the correct proof/supporting evidence with your application, it will be rejected
• All other applications will be considered on a case-by-case basis

If the OP takes the PCNs to the tribunal there are four possibilities.

1. B&D doesn't contest - a reasonable chance if the appeal is focused and includes their failure to say an exemption is available.
2. The tribunal allows the appeals - very unlikely as can't use mitigation, assuming all is OK with traffic order. There may be something though in the rejection as per 1.
3. The tribunal just refuses the appeals.
4. The tribunal refuses but the adjudicator makes a recommendation to B&D to cancel them - a reasonable chance.

OP, without wishing to appear callous, far from it, you need to deal with each PCN on its own facts pl. A generic 'your son has problems' won't win the day as the responses from the authority show.

PCN ****9314 13 Feb.
I don't know why you needed to enter the zone 7 minutes before the restriction ended (15.53 and 16.00 respectively) to attend a Parents' Evening. You'll need to explain in more detail pl.



PCN  *****4290 26 Feb.
On ***, I was asked (in writing?) by the school to accompany my son on a school trip which had been organised by them. On normal school days he is collected from our house by transport organised by (presumably) Barking and Dagenham council. However, I am not allowed to travel with him and therefore the only way that I could meet the school's request was to take him to school myself on that day. Is this where we start for this PCN??

You also have another PCN, dated March, within this thread.

I by chance stumbled across this from
https://www.havering.gov.uk/downloads/file/96/policy-for-enforcing-or-cancelling-a-pcn

MC47 – Where the motorist enters a School Street Zone
MAY ACCEPT REPRESENTATIONS
 Where the motorists holds a valid School Streets Access
Permit
 Where the School required a motorist without a permit to
attend the School during the restricted hours (Letter from
School required to support this).
 Is an Emergency Service or Public Service Vehicle.
 Has a valid Health & Homecare Permit
 Hackney Carriage, School Transport Vehicle, Dial a Ride
and other specialist transport services.
 Marked Delivery vans eg Royal Mail, UPS, DPD.
MAY REJECT REPRESENTATIONS
 In all other circumstances

N.B. This is from the L.B. of Havering. Try as I might, I cannot find a similar policy document for the L.B. of Barking & Dagenham, but they should have one.

It might be worth making a passing reference to this in any reps.