3. PCN Issued for parking in a blue badge despite showing this. What do I do?
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PCN Issued for parking in a blue badge despite showing this. What do I do?
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Any help would really be appreciated. A bit of context.. Drivers grandmother has a blue badge and has done for many years. It was renewed back in 2021 and the blue badge never got delivered so a new one was requested. One blue badge eventually turned up in the post and we assumed this was the new replacement one, however after finding out today, we believe the blue badge that was received was in fact the original one which had now been reported as lost.
Today the driver of a vehicle parked in a disabled bay in Brighton and displayed his grandmothers disabled badge correctly in the window, as his grandmother was a passenger. The driver took the disabled person (grandmother) out for lunch and also to the Brighton Art Gallery which is where she was getting picked up from by her sister. Once the driver left his grandmother, he was coming back to the car to move it as he is aware that the badge should only be used for dropping/picking up the disabled person.
Grandmother received a call approx 1 hour after parking from the Blue Badge investigation team officer and asked whether she was in Brighton. She declined (she has some issues and gets confused easily, she thought he asked if she was in Brighton the day before) and the officer also said that someone was using a blue badge of hers that had been reported as lost and that he is going to wait by the vehicle.
The driver went back to the vehicle and explained everything. As the grandmother had already left Brighton, the officer could not verify that the badge holder was there and issued the driver with a notice to say that the driver could pay a £40 admin fee and fill out a multiple choice questionnaire online and it be all sorted and nothing goes further, or it could be investigated further with the blue badge team and go to court. The driver refused as he believes he didn't do anything wrong and was told by the officer that he can have a think about it and that he would be contacted within a week or so. The officer also seized the blue badge as it was reported as lost (see info at the top of this paragraph).
There was also a PCN on the car due to the fact that a 'inactive' blue badge was displayed.
My questions are as follows:
Am I in the wrong at all here?
Do I pay the £40 admin fee and fill out the multiple choice form online or do I fight my case here?
How should I appeal the PCN?
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Re: PCN Issued for parking in a blue badge despite showing this. What do I do?
« Reply #1 on: »
As I see it, the same problem has given rise to two events. The BB on display is not valid as it had been cancelled when your grandmother did not receive the expected renewed BB, but when a BB arrived in the post, your grandmother assumed this was the replacement for the lost, (and cancelled) BB. However it was the original BB as found out by the CEO who checked the BB on his terminal.

However, how can you and your grandmother know which BB is which ?

1. PCN
I would submit reps outlining what has gone on, and that your grandmother was using the BB in good faith as she had no means of knowing it was the cancelled BB and its replacement had yet to arrive.

2. BB Officer
It does seem as if this officer is daring your grandmother to talk with the BB team with the threat of court, but she can pay a penalty and all will be well.  Hmm, I don't believe it !  If it were me, I'd be more than willing to see th e BB team, as no fraud has taken place or was even intended.  Also I cannot see any magistrate convicting anybody from what you have told us.

I suggest you post up whatever documents you have received from the BB office related to the non-arrival of the BB.
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Re: PCN Issued for parking in a blue badge despite showing this. What do I do?
« Reply #2 on: »
OP, can we dispense with the 'the driver' references pl.  This is a council matter and so the driver js not liable.

Also, you say that a BB was renewed in 2021 but did not arrive. Another was requested (and the first renewal declared as lost). Subsequently (at an unknown time) one arrived. Apparently this was the renewal(declared lost) and not its replacement.

What time frame are we talking about here i.e. when did the renewal/replacement BB appear? Surely not 2023 because this implies that your grandmother has been without a BB for 2 years. So perhaps you and she have been using a declared lost BB for 2 years without issue? Or what?

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Re: PCN Issued for parking in a blue badge despite showing this. What do I do?
« Reply #3 on: »
Quote from: H C Andersen on December 29, 2023, 09:01:52 pm
OP, can we dispense with the 'the driver' references pl.  This is a council matter and so the driver js not liable.

Also, you say that a BB was renewed in 2021 but did not arrive. Another was requested (and the first renewal declared as lost). Subsequently (at an unknown time) one arrived. Apparently this was the renewal(declared lost) and not its replacement.

What time frame are we talking about here i.e. when did the renewal/replacement BB appear? Surely not 2023 because this implies that your grandmother has been without a BB for 2 years. So perhaps you and she have been using a declared lost BB for 2 years without issue? Or what?

It appeared after a week or so of requesting a replacement, so yes we have been using a lost one for the last 2 years with no issues.
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Re: PCN Issued for parking in a blue badge despite showing this. What do I do?
« Reply #4 on: »
Quote from: kodiplod2207 on December 29, 2023, 06:29:58 pm
........... It was renewed back in 2021 and the blue badge never got delivered so a new one was requested. One blue badge eventually turned up in the post and we assumed this was the new replacement one, however after finding out today, we believe the blue badge that was received was in fact the original one which had now been reported as lost.
...........
Did the "new one", ie the replacement BB, ever arrive?
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Re: PCN Issued for parking in a blue badge despite showing this. What do I do?
« Reply #5 on: »
As far as the council are concerned one person has been issued two badges one of them should have been returned. They then find a person not the holder of the badge and your grandmother was evasive when they tried to contact her. So the scenario in front of them unfortunately they have seen many times before
What you say here is understandable but you need to provide the council with reason to accept what you say
If you do that then I do not know which law they are using to say they will accept an administration charge, but if it goes to court the charge is serious and could end in prison for you and/or your grandmother If they accept what you say then the PCN must be cancelled

The PCN is simple it is valid and must be paid or it is not

The criminal matter of fraud is not and I would recommend you seek legal advice from a solicitor
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