Author Topic: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY  (Read 5592 times)

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PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
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Good afternoon,

We have another PCN which I had missed the 14 day discounted payment period...

I did a brief stop, no more than 30 seconds on Edburton Avenue. This road was busy with two rows of cars parking on the street and I stopped in the corner  between Edburton Avenue and Grantham as there was a van coming towards me from Grantham, I briefly stopped there to allow the yellow van to drive past and then another black car came behind. I saw the traffic warden taking a picture of me, but I thought he wasn't servious, but rather a act of threat or attitude. My phone was nearby, I took some photos of the van and black car running past. Then the next day, I got the PCN. Apparently, where I stopped was a disabled bay. However, I never got off the car and certainly did not want to park there, and I only occupied half of the disabled space to allow the oncoming vehicles to drive past. It would be too difficult to maneuver if I did not stop and give way. I am afraid that I can't upload more pictures as Imgpile seems to have set a limit ...The pictures that are missing here is photo evidence posted by Brighton council. These can be found on https://brighton-hove.tarantoportal.com/PCNs/Ticket/EvidenceImage/Next. Their evidence shows a picture of my car, and the vacant disable bay and a post. I am wondering how we define parking and stopping. In my mind, I only stopped, not parking there. Could anyone give me some guidance on how to challenge this, if possible? Your help will be highly appreciated!!














« Last Edit: November 13, 2025, 09:00:21 pm by dahliafield_d11 »

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Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« Reply #1 on: »
Good evening,

I don't have much experence dealing with PCN from council, although I understand it is a compoletely different game comparing with Private Parking Company's PCNs.

May I ask if it is worthy challenging this PCN? I understand from another topic, that CEO's notes are more trustworthy?

Many thanks in advance!

Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« Reply #2 on: »
You state you were stopped "in traffic" giving way to vehicles approaching in the other direction, correct ?

In which case the PCN is totally flawed and you should submit reps on the above basis. This CEO is in serious need of retraining, or, preferably, dismissal.

Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« Reply #3 on: »
give us a GSV of exactly where you stopped There are exemptions in any case re BB bay stopping loading and or boarding/alighting being two


Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« Reply #5 on: »
Council pics. Clearly someone in driver's seat and not fully in bay, and time of PCN is 8:53 when the car is gone.




« Last Edit: November 14, 2025, 05:59:34 pm by stamfordman »

Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« Reply #6 on: »
Thank you all for digging out the pictures and photos. I would have been a lot slower to get this GSV and Council's evidence uploaded here (still in the learning process). The GSV view seems to be dated, as this Disabled Bay is not marked on GSV. I am not sure if stopping or parking should be a valid point to make my appeal, but even this is counted as parking, it is less than a minute. On the other side, my kid decided to jump out of the car (this is not shown on the council's photos), whilst I was stopping there. She thought it was an opportunity to get off, whilst I was stopping there. Everything happened so fast, I did not have time to think or stop her. In a narrow and busy road, where there are oncoming cars and cars behind, it is very tricky keep an eye on all areas. May I have some views on this case, whether it is worth making an appeal or there is very little chance of success? A bit nervious about dealing with the council...

Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« Reply #7 on: »
my kid decided to jump out of the car (this is not shown on the council's photos), whilst I was stopping there. She thought it was an opportunity to get off,

Why? Where were you taking her?

Can we just have a candid account pl e.g. I was taking my ** year-old daughter to *** but when we reached *** which was only ** from ** she decided to get out while I was *** because of ***. This was/was not observed by a CEO.....

In any event:
Particulars to be included in a regulation 10 penalty charge notice
3.—(1) The information to be included in a regulation 10 penalty charge notice is—

(a)...

(b)the regulatory matters,

Meaning of “regulatory matters”
1.  In this Schedule “the regulatory matters”, in relation to an alleged relevant road traffic contravention, means—

(a)..

(b).....

(c)the date on and the time at which the alleged contravention occurred,


So, at what time, according to the PCN, did the 'alleged contravention occur'?

All we've got is 8.53.

But according to the authority's own evidence the car was not in contravention at 8.53! Are there any photos which show you stationary at 8.53?

OP, are you the registered keeper?
« Last Edit: November 14, 2025, 10:11:32 pm by H C Andersen »

Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« Reply #8 on: »
Sorry. I did not make myself clear about this. I am the RK, not the driver.

The driver took my daughter to school, and when the driver stopped at the corner of Edburton Ave, my daughter decided to get off the car whilst the driver was waiting for other cars to run past. CEO's photo at 8.52 dose not show my daughter getting off the car.
There is no evidence to show the car stationary at 8.53. The driver told me that the entire duration of the stopping was less than a minute. The photo taken at 8.53 by the CEO was after the driver left the spot.
May I ask if RK is not the driver will make any difference in this case? I have recently dealt with PCN issued by a priviate company. I thought council is different to Private Parking Company, so POFA will not be applicable. My knowledge in this area is very limited...I dont' know if I must reveal the driver's identity to the council or I have no obligation to do so...

Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« Reply #9 on: »
The owner (presumed as keeper) is liable not the driver.

The two pics of the car show it had moved and the time of PCN should win this. Plus alighting is probably an exemption. It's not no stopping contravention.

Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« Reply #10 on: »
Dear all, below is a draft. Would this be ok or it is better to quote the exact legal clause in making a respresentation? I think I am approaching the end of 28 day period. Following HCA's advice, I can't find the exact clause in Regulation 10 about the time. This is the link I used for reading through the exact clauses. However, the points about time is not found in this link... https://www.legislation.gov.uk/uksi/2007/3483/regulation/10/made

Formal Representation Against PCN [BH89007150] for Vehicle [Vehicle Registration Number]

I am writing to formally challenge the above Penalty Charge Notice (BH89007150) issued on 22/10/2025 for an alleged contravention of Code 40 - Parked in a designated disabled bay without displaying a valid Blue Badge.

The basis for my challenge is that the evidence provided by the council does not prove the contravention occurred at the time stated on the PCN.

The PCN states the contravention took place at 08:53am. However, the photographic evidence supplied with the PCN shows the following:

1. Image 1, 2(Timestamp 08:52:): Shows my vehicle at the location.
2. Image 3 (Timestamp 08:53): Shows the disabled bay is vacant. My vehicle is not present.

This evidence clearly demonstrates that my vehicle was not parked in the disabled bay at 08:53am, the precise time cited for the contravention.

For a Penalty Charge Notice to be upheld, the council must provide conclusive evidence that proves the contravention on the balance of probabilities. The timestamps on your own photographs create a direct contradiction with the details on the PCN. The image from 08:53am, in particular, proves my vehicle was not committing the contravention at that time.

Therefore, as the core allegation on the PCN is not supported by the evidence, I request that you cancel the PCN.

I have attached a copy of the PCN and have annotated the provided photographs for clarity. I look forward to your confirmation that this penalty charge has been cancelled.

Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« Reply #11 on: »
I am afraid that I have another question to ask...

The PCN was issued on 22nd Oct, so is it correrct to say that the 28-day period is starting from 23rd Oct 2025 which means 19th Nov is the 28th day?

Below is from I found:

"If the PCN was sent by post: The date of service is usually considered to be the second working day (excluding Saturdays, Sundays, and bank holidays) after the date it was postmarked. The 28-day period begins from this deemed date of service. "

Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« Reply #12 on: »
Yes you need to get reps in now. I would send what you've done later today - see if Mr Andersen pops up with anything else.

I think you could add that driver was not parked in bay but waiting briefly for traffic to clear and the council's pics also show the car had moved forward.


Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« Reply #13 on: »
Issued 22nd, deemed served 24th which is day 1.

28-day period ends on 20 Nov.

I would amend the following as shown in red:

However, the photographic evidence supplied with the PCN and which would be relied upon in any proceedings by the authority shows the following:

Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« Reply #14 on: »
Dear all, below is a draft. Would this be ok or it is better to quote the exact legal clause in making a respresentation? I think I am approaching the end of 28 day period. Following HCA's advice, I can't find the exact clause in Regulation 10 about the time. This is the link I used for reading through the exact clauses. However, the points about time is not found in this link... https://www.legislation.gov.uk/uksi/2007/3483/regulation/10/made

Formal Representation Against PCN [BH89007150] for Vehicle [Vehicle Registration Number]

I am writing to formally challenge the above Penalty Charge Notice (BH89007150) issued on 22/10/2025 for an alleged contravention of Code 40 - Parked in a designated disabled bay without displaying a valid Blue Badge.

The basis for my challenge is that the evidence provided by the council does not prove the contravention occurred at the time stated on the PCN.

The PCN states the contravention took place at 08:53am. However, the photographic evidence supplied with the PCN shows the following:

1. Image 1, 2(Timestamp 08:52:): Shows my vehicle at the location.
2. Image 3 (Timestamp 08:53): Shows the disabled bay is vacant. My vehicle is not present.

This evidence clearly demonstrates that my vehicle was not parked in the disabled bay at 08:53am, the precise time cited for the contravention.

For a Penalty Charge Notice to be upheld, the council must provide conclusive evidence that proves the contravention on the balance of probabilities. The timestamps on your own photographs create a direct contradiction with the details on the PCN. The image from 08:53am, in particular, proves my vehicle was not committing the contravention at that time.

Therefore, as the core allegation on the PCN is not supported by the evidence, I request that you cancel the PCN.

I have attached a copy of the PCN and have annotated the provided photographs for clarity. I look forward to your confirmation that this penalty charge has been cancelled.

I would add a paragraph re the alighting which is an exemption to stopping a a disabled bay

CODE: 40
 Penalty charge level:
Higher
 Code description:
 Parked in a designated disabled person’s parking place
 without displaying a valid disabled person’s badge in the
prescribed manner.
 Code contravention:
The contravention occurs when a vehicle waits in a disabled
person’s parking place without displaying a valid disabled
person’s parking badge and/or clock.
 Extra information to be recorded:
•   Details of any out of date or invalid badges
 •   Details of the Blue Badge clock, if appropriate, including the
time being displayed.
 Loading/unloading allowed:
 Yes
 Observation period:
Yes
 Exemptions:
ADEH1IJKNP
 Suffixes:
n = red route


7 Exemptions
 A. Setting down and/or picking up of passengers, or to load
or unload any personal luggage