3. TH PCN code 11. Bethnal Green Road: Blue badge fell off
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TH PCN code 11. Bethnal Green Road: Blue badge fell off
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Hi everyone. I parked on a P&D bay with my blue badge but it fell off the dash after I left the vehicle. As a result, I got a PCN. I did informal rep stating what had happened. Unfortunately, they rejected the rep stating “ this is not considered sufficient mitigation to warrant cancellation of this PCN”.

I was under the impression that first PCN for blue badge holders they cancel? Is this not the case? Do I have any chance of winning with adjudicator?

Here is the letter of rejection and PCN.

https://share.icloud.com/photos/0d3dXT0TxrIWuBHHBOH0SnnRw

Thank you for your help
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Re: TH PCN code 11. Bethnal Green Road: Blue badge fell off
« Reply #1 on: »
Please read the guidance here: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Then update the opening post with an unredacted copy of the PCN, your representation and any supporting evidence, and the rejection. Only your postal address needs to be redacted, PCN number and number plate should be left visible.

Also the council will re-offer the discount at the next stage providing representations are received by the council within 14 days, so there is  limited / manageable risk in carrying on.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: TH PCN code 11. Bethnal Green Road: Blue badge fell off
« Reply #2 on: »
There is no option to edit my OP.

Here are the unredacted images:

https://share.icloud.com/photos/0be8EX-hmcKYHdzSoSy0H-9ig

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Re: TH PCN code 11. Bethnal Green Road: Blue badge fell off
« Reply #3 on: »
Quote
There is no option to edit my OP.

You should see a button marked 'Modify' at the top right of your posts.
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Re: TH PCN code 11. Bethnal Green Road: Blue badge fell off
« Reply #4 on: »
Quote from: John U.K. on July 22, 2023, 09:25:43 am
Quote
There is no option to edit my OP.

You should see a button marked 'Modify' at the top right of your posts.

Nope. No such option I’m afraid
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Re: TH PCN code 11. Bethnal Green Road: Blue badge fell off
« Reply #5 on: »
Well we normally would expect councils to cancel in these circumstances, as long as you're not a repeat offender. Have you had any PCNs cancelled in similar circumstances in the past year or two?

As long as you're the registered keeper and the V5C is up to date, there's limited risk in carrying on: as long as you challenge the NTO within 14 days of the date of issue, they'll re-offer the discount anyway.

Can you give us a link to the exact spot on google street view please? While you wait for the NTO, we might as well check the traffic order.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: TH PCN code 11. Bethnal Green Road: Blue badge fell off
« Reply #6 on: »
Quote from: cp8759 on July 23, 2023, 09:48:50 pm
Well we normally would expect councils to cancel in these circumstances, as long as you're not a repeat offender. Have you had any PCNs cancelled in similar circumstances in the past year or two?

As long as you're the registered keeper and the V5C is up to date, there's limited risk in carrying on: as long as you challenge the NTO within 14 days of the date of issue, they'll re-offer the discount anyway.

Can you give us a link to the exact spot on google street view please? While you wait for the NTO, we might as well check the traffic order.

Here is the council's cancellation policy

https://www.scribd.com/document_downloads/direct/553208338?extension=pdf&ft=1690149908&lt=1690153518&show_pdf=true&user_id=90884443&uahk=syJOAnw-FDStRhC98dX6ePb1OyA

GSV of location: https://maps.app.goo.gl/jEDaLRRUVRcVhDo1A?g_st=ic

I have not had any PCN cancelled like this. This is a first.
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Re: TH PCN code 11. Bethnal Green Road: Blue badge fell off
« Reply #7 on: »
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: TH PCN code 11. Bethnal Green Road: Blue badge fell off
« Reply #8 on: »
In the cancellation of PCN document, under point 6 of the compelling reasons/mitigating circumstances, it says the following:

The motorist had a valid permit or other required item for the place where the vehicle was parked but the item was not displayed at all or was displayed incorrectly

When in a place that requires a permit, scratchcard, pay & display ticket, Disabled Person's Badge or any other item to be displayed in the vehicle, that item must be displayed so that all details are clearly visible. If a CEO cannot see all the details then a PCN may be issued. It is not a defence against a PCN simply to possess an item. If the item can be produced with the representations, however, and was valid at the time of the contravention then the Council will consider using its discretion to cancel the PCN. In general, discretion will only be applied once.

This policy does not apply to multi-vehicle permits or Disabled Person's Badges if they are not visible in the vehicle as they could be in use elsewhere.

The last sentence seems to me that it is relevant to my situation?
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Re: TH PCN code 11. Bethnal Green Road: Blue badge fell off
« Reply #9 on: »
I agree.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: TH PCN code 11. Bethnal Green Road: Blue badge fell off
« Reply #10 on: »
So should bother appealing to adjudicator? Or pay off the discounted rate now?
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Re: TH PCN code 11. Bethnal Green Road: Blue badge fell off
« Reply #11 on: »
You can't appeal to the adjudicator yet, first you need to wait for the Notice to Owner and make representations against that. If those representations are also rejected, it's only at that point that you can appeal to the adjudicator. The whole process is explained here: https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/parking-penalty-charge-notice-enforcement-process

For now I would wait for the Notice to Owner, the only thing to do is check that the address on the V5C is up to date (don't guess or assume, please get it out and physically check it).
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: TH PCN code 11. Bethnal Green Road: Blue badge fell off
« Reply #12 on: »
If I wait for the NTO I lose the discounted rate of £40 though?

The vehicle is under my name and address
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Re: TH PCN code 11. Bethnal Green Road: Blue badge fell off
« Reply #13 on: »
Quote from: Jamran on July 29, 2023, 03:21:33 pm
If I wait for the NTO I lose the discounted rate of £40 though?
No, as long as you make representations within 14 days of the date of issue of the NTO, the discount will be reoffered.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: TH PCN code 11. Bethnal Green Road: Blue badge fell off
« Reply #14 on: »
It would be really useful if you could please stop cross-posting on both sites. The other site will go offline anyway in November and it would be best to keep everything in one place.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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