Free Traffic Legal Advice

Hi Guys,
My freind got a pcn and this is the letter he wrote and the parking services did not cancel the PCN and also did not mentioned anything about the marking lines fading away, as you can see from thier response and image of the road limited bay.

Has he got a chance for appeal.












https://maps.app.goo.gl/JMXjSLUTg7ppS2UZ8

https://lancashire.tarantoportal.com/PCN/ViewImages

Lancashire Parking Services,

PO BOX 1023

Preston,

PR1 3ZA



Dear Sir or Madam,



Parking ticket number: LQ53062433

Date of issue: 29/06/2024

Vehicle registration number: VK55ZWD



I am writing to formally challenge the above Penalty Charge Notice.



On 29th June 2024 my vehicle was issued with a Penalty Charge Notice for the reason of Contravention code 30 and parked for longer than permitted.



First of I like to apologized the inconvenience caused. However, I would like to explain why I had parked where I did and I would like to submit an appeal for the following reasons:



Please see attached evidence of the disabled badge, as i forgot to displayed the Disable badge on my car dashboard, as I had to come on emergency as my mother in law had a fall, she lives on her own and had a phone call from telecare, so I had to make an urgent visit, as the family member who usually look after was away to London and there was no one in the house.



We had the 2 nurses come Michelle and Carolyn from Urgent Community Rapid response team, which I was panicking and rushed to come to Preston and the Nurses were already here and the carer, which took all of us 4 hours to get her up, make her safe, as she is very vulnerable.



She has Dementia/Alzheimer’s, One eye loss of eyesight’s, Breast Cancer, Chronic Kidney Disease, High Blood Pressure, High Cholesterol, Incontinence issues, Knees Bone to Bone, Arthritis, Mental Health issue, Depression, Very Confused and Vulnerable. She needs to be monitored 24hrs due to her Vulnerability and lives on her own.





I am requesting under compassionate reasons for cancelling the PCN that the fine be waived for this reason.



I would like to point out the marking bay lines is also faded and hard to see where limited bay starts and finish.





Yours faithfully,

These are the council photos:

















I'm not sure an appeal based on the signage would get very far.

If your friend waits for the notice to owner and then make a representation within 14 days of the date of issue, then the discount is almost invariably reoffered, so there is limited risk in carrying on; and formal representations are often given more thorough consideration by a more senior officer.

In the meantime I'll get hold of the traffic order for this bay, you never know it might not exist (we've had a number of such cases recently).

Thank you for your replies.

He had replied to them when he received the PCN and they rejected. he has until 14/07/2024 to pay with discount. He can contest Penalty Charge Notice and waiting for the Notice to owner from the council, which he will lose the discount. I told him you should of contacted me and I would of asked the forum on behalf you.

Council are just compassionate at all and just rejecting , so you just pay up, by saying we are giving you discount. I don't think this council will offer discount again.

He never had BB cancelled, as this is his first time.

Blue Badge was issued to his wife and she went to help out on that day Mother in law who lives in different town, as other family member went to London.

I don't understand on this comment traffic order for this bay, you never know it might not exist

Traffic Order map i digged out.

Thanks i see the detailed of the Traffic order information for the Burnley, Curzon street area.

I will inform my friend not to pay and wait for the Notice to Owner.

OP, and while the NTO is working its way through the system, pl get your friend to re-order the issues to present a timeline pl.

I live with my wife in ****;
Her mother, who is severely disabled, lives in *** with **** as a carer;
On *** my wife received a phone call/message from *** to the effect that ****;
We immediately drove to *** and parked in *** which is where my MIL lives;
My wife holds a BB, however in our rush we forgot to display this;
The situation in my MIL's house was **** and we stayed for *** until ***.


I won't offer a view on whether and for how long a BB would exempt the driver in this bay, others will comment. However, what's clear is that if on display it exempted the holder from the parking restriction without limit then this is strong mitigation. But if even on display it wouldn't exempt the holder from the time limit then its display is neither here nor there because the car was in situ for more than 1 hour. I think it's necessary to decide what emphasis to place on the BB compared to mitigating factors regarding the purpose of the visit and the situation you found. IMO it works to your advantage that the BB was not yours because if your wife's disability meant that if she was left with your MIL she would be of little assistance then you could hardly have left them in order to move your car out of prospective contravention.

I think we need a full set of facts beginning before you parked in order to work out where your main line(s) of defence might lie and how to present these to maximum effect.

I live with my wife in Blackburn
His mother, who is severely disabled, lives in Preston on her own, who as carers visit 5 times a day and the other son and daughter in law who lives nearby went to London for the weekend.
On the Morning myself received a phone call/message from the carer to the effect that your Mum had a fall and would not get up and had to call in the Emergency rapid response team.
We immediately drove to Preston and parked in Hurry which is where my mother lives;
My wife holds a BB, however in our rush we forgot to display this, as we just parked and rushed out in Emergency to go into the house.
The situation in my mother house was emergency and we stayed there for 4 Hours until we got her safe and comfortable and she had to be carried to the shower room to be cleaned up.
Then we had to feed her and gave her medications.
Due to Dementia she would not listen or cooperate and this is why the Son and Daughter in law had to come to help and their time took up, lifting the old person from floor to bed and it can take up so much time with old people with so many illnesses. Then it was a mission getting her up trying to take her to the shower room, as she was scared of standing up or sitting down due to fear of falling and this is how dementia reacts.
His wife Not well herself, as she has Depression and she can be like a dormant person depending on mood swings and takes medication.

BB you can park as long as you like on the Limited Bay, as there is no time limit if you have the BB displayed.

Well, he can, but it is almost certain they will just tell him to wait for the Notice to Owner. I'm afraid that going outside the statutory process can end in disaster.

I assume he wants to take the matter further and not pay the offered discount.

Thank you for your reply.

I think he wanted to reply earlier to avoid losing the discounted rate.

He said he has already explained to the parking services which they rejected and he is being reluctant they might reject it again when he gets NTO.

I will ask him again, to wait for the NTO ,as this time it will go to more senior people may get cancelled.

But he has the same explanation, unless parking services comes and visit the elderly person then they will understand, otherwise sat in the office chair, they don't see the reality how struggle it is here on this section of the road for Parking for picking and dropping off Vulnerable Passenger. This limited Bay you are very lucky to find parking space, as usually it is always occupied and majority of the space is always occupied by the opposite residents with BB.