3. TH PCN Warley St E2 Blue badge
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TH PCN Warley St E2 Blue badge
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Good evening everyone. I parked with my blue badge at 0500 on a single yellow line. However, at that time there were no restrictions as they came into affect at 0830. I imagined the 3 hours would commence once from when the restrictions begin, 0830. Sadly when I came to the vehicle at 1100, I had been issued a PCN. I appealed to TH about this stating the above but they rejected my appeal. Here is the rejection letter:

https://share.icloud.com/photos/031THWYMCsjENX_Qshh2CjalQ

I want to know if I have a case and can I get this won at LT if they rejected my formal appeal also.

Thank you for your help. The badge is mine as well as the car which is from motability.
« Last Edit: November 27, 2025, 07:56:36 pm by Sherin »
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Re: TH PCN Warley St E2 Blue badge
« Reply #1 on: »
Their response doesn't sound right at all to me, but I am not expert in the detail of the regulations, hopefully somebody is.
It surely cannot be right that your three hours includes time spent when the yellow line is not in effect. So wait a bit to see what others say.

I would be strongly tempted to take them all the way on this, but ss I said, wait a bit to see if somebody comes up with a definite answer.
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Re: TH PCN Warley St E2 Blue badge
« Reply #2 on: »
Do you have your challenge.

What time was the clock set to - the picture isn't good enough to see.

We've had some battles with councils on this - their statement that 'this does not mean your time of stay can be extended when the restricted hours are not in force' is ludicrous in my view.

As you've missed the discount, £160 is now demanded so you should wait for the NTO.




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Re: TH PCN Warley St E2 Blue badge
« Reply #3 on: »
Thank you everyone. I only took a screenshot of the appeal when I submitted it so full appeal writing wasn’t captured sadly. But below is the chunk of my appeal:

“I am writing to formally challenge the above Parking Charge Notice (PCN). I believe this charge has been issued incorrectly. My Blue Badge was correctly displayed and set to 5:00 a.m. However, parking restrictions in this area do not begin until 8:30 a.m. As Blue Badge holders are permitted to park on single yellow Lines for up to three hours, the allowed parking period should be calculated from 8:30 a.m., meaning my valid parking time extended until 11:30 a.m.
When I returned to my vehicle at 11:00 a.m., I found that a PCN had been issued at 10:28 a.m. This demonstrates that the notice was issued before the permitted parking period had expired. I have attached photographs of the signage and parking information, with times…. “
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Re: TH PCN Warley St E2 Blue badge
« Reply #4 on: »
Quote from: stamfordman on November 28, 2025, 12:42:16 am
Do you have your challenge.

What time was the clock set to - the picture isn't good enough to see.

We've had some battles with councils on this - their statement that 'this does not mean your time of stay can be extended when the restricted hours are not in force' is ludicrous in my view.

As you've missed the discount, £160 is now demanded so you should wait for the NTO.






It was set to 0500 hours.

Thank you for your time and assistance once again
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Re: TH PCN Warley St E2 Blue badge
« Reply #5 on: »
Who is the registered keeper of the vehicle and are their DVLA details current?

I ask because this is the next stage in the process and they've rejected your informal(not formal) reps therefore it's the who rather than the what which needs to be identified and factored in to identifying your next steps.
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Re: TH PCN Warley St E2 Blue badge
« Reply #6 on: »
more than one case won on this, I do not have time just now to find an example but have at least one and will do so another time

In essence the adjudicator found that you cannot have exceeded a 3 hour exemption at 10.28 to a restriction that starts at 08.30
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Re: TH PCN Warley St E2 Blue badge
« Reply #7 on: »
It's a Motability car so I believe the logbook is held by them but in the OP's name and address.

I'll see if I can also find a case or two but here's no rush as no NTO served yet.
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Re: TH PCN Warley St E2 Blue badge
« Reply #8 on: »
I had a quick message exchange with CP8759 on what seems to be a completely barmy situation, and it appears the council are correct. Its all in Regulation 8 of The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000
https://www.legislation.gov.uk/uksi/2000/683/regulation/8/made
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Re: TH PCN Warley St E2 Blue badge
« Reply #9 on: »
So the OP should have set the clock at 8:30, which is what I would have done. But the council really should cancel this and let's look at adjudicated cases.

If this goes to the tribunal there's also a chance of a recommendation to cancel, which is non-binding.
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Re: TH PCN Warley St E2 Blue badge
« Reply #10 on: »
Quote from: stamfordman on November 28, 2025, 12:48:39 pm
So the OP should have set the clock at 8:30, which is what I would have done. But the council really should cancel this and let's look at adjudicated cases.

If this goes to the tribunal there's also a chance of a recommendation to cancel, which is non-binding.
Ys, that would seem to be the work-round.
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Re: TH PCN Warley St E2 Blue badge
« Reply #11 on: »
OP, I would continue and let's see what nonsense reasoning the authority puts in any NOR. But before then we would compile more targeted reps.

The issue at large here is that the regs provide:
.........
2) An order to which this regulation applies shall include an exemption from the prohibition
.........
(b)a parking disc is displayed in the relevant position on the vehicle marked to show the quarter hour period during which the period of exempted waiting began.

As you can see, the BB booklet is incorrect here - because of course it's written with the premise that a waiting restriction is already in place when you park. But this doesn't apply here.

The exemption from the prohibition began began when the clock struck 8.30am and therefore the clock should have been set at 8.15am.

The authority's response repeats the BB booklet by stating 'the quarter hour period during which you arrived'. This is wrong for the reasons above.

If you're up for it, let's see what a hash they make of a NOR.
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Re: TH PCN Warley St E2 Blue badge
« Reply #12 on: »
Quote from: H C Andersen on November 28, 2025, 10:08:38 am
Who is the registered keeper of the vehicle and are their DVLA details current?

I ask because this is the next stage in the process and they've rejected your informal(not formal) reps therefore it's the who rather than the what which needs to be identified and factored in to identifying your next steps.

It’s a motability vehicle. I’m not sure?
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Re: TH PCN Warley St E2 Blue badge
« Reply #13 on: »
?
The person to whom the vehicle has been supplied under contract with Motobility is the registered keeper and would hold the V5C.

Is this you? 


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Re: TH PCN Warley St E2 Blue badge
« Reply #14 on: »
Quote from: H C Andersen on November 28, 2025, 05:15:45 pm
?
The person to whom the vehicle has been supplied under contract with Motobility is the registered keeper and would hold the V5C.

Is this you?

Yes. Like I originally stated. It’s my blue badge and my motability vehicle under my name
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