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Hi,

I have been given a PCN by the local council dated 22/05/24 for Contravention Code 01 - parking in a restricted street during prescribed hours.

I was displaying a valid Blue Badge at the time (belongs to my partner) as I had dropped her off, and clock was within the 3 HR time limit...the car was parked on a double yellow line, which is allowed under the council rules. I collected my wife from a different place. There was a CEO in the area, and in fact I spoke to him generally. There was no ticket on my windscreen as I drove off. I received the PCN in the post.

I appealed on the grounds that a valid Blue Badge was displayed, in accordance to their rules, and according to their appeals it could be rescinded.

I have just spoken to the parking office, who stated appeal was rejected and implied that I had misused the badge. I am awaiting this letter to arrive. They stated I could further appeal to some independent traffic party (can't remember their name). Reading between the lines of the conversation, they seem to imply the badge was used with the badge holder not present (not sure how they would come.to that conclusion without asking to see.the badge etc).

Do I have any ground to further appeal or should I pay the PCN?

Thank you.


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Thank you.

GSV: 64 Priory St
https://maps.app.goo.gl/CxCCPkZtkY3ng4gY8?g_st=ac
 
Link below to the original PCN, but unfortunately the page with an array of pictures showing the car and blue badge is missing from this; also includes GSV picture of where car was parked.

https://imgur.com/a/guKcBwq


Link below to  their letter of rejection to my initial representations. I spoke to the office and their is a mistake on this letter, as the current fine is  GBP 35, (not 70 as written in the letter).

https://imgur.com/a/kEKb25B

My question is, the CEO has noted that I drove off without the badge holder (pls refer to my OP), but if I contest this further would they need to provide evidence of this, or is it their word against mine?

TiA.

Hi,
Thank you for your quick reply.

My representations were rushed and poor tbh, and all I stated on it was that the badge and time clock were presented in accordance to their rules, so please could they rescind the PCN as it's a cycle we have done many times without issue. Their rebuttal is that they did not see the badge holder as I drove off.

Also, to add to this, I was parked outside a place of worship and this is usually a time when people come out of the venue. It is also known the CEOs come to this area to catch people out (and they have in the past), but as we have done this cycle a few times we didnt think anything of it.

We like to park here as my wife likes to walk a little bit to the shops, and then I collect her from there later on. We do this most times without issues.

I don't mind paying the GBP 35 fine for an easy life, but it seems unfair that the CEO has incorrectly badged we me the worshippers who sometimes park illegally.

If this went to the traffic tribunal 3rd party, it will be interesting to know if TMBC have to provide evidence of their case, as atm it's their word Vs mine.

Thank you.

Please could you advise how I should word the appeal.

Also, if I do appeal and worse case I don't win, would I pay GBP 35 (as it is now) or the full GBP 70?

?

OP, you have been served with a postal PCN, formally known as a 'regulation 10' PCN.

see the regs pl.

https://www.legislation.gov.uk/uksi/2022/71/schedule/2/made

SCHEDULE 2
Penalty charge notices
.......
Particulars to be included in a regulation 10 penalty charge notice

.....
h)that the penalty charge notice is being served by post for whichever of the following reasons applies—

(i)on the basis of a record produced by an approved device;

(ii)because a civil enforcement officer attempted to serve a penalty charge notice by affixing it to the vehicle or giving it to the person in charge of the vehicle but was prevented from doing so by some person;

(iii)because a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9 but the vehicle was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9.



Where is whichever of these applies to be found in your PCN?

A thank you to HCA for looking at the regs.  By not including what is mandatory content, (i.e. MUST be on the PCN), on a Reg 10 PCN, they have committed a procedural impropriety.

@Imi7 the law is very clear that the blue badge can be used to drop someone off, or pick someone up. I use it when I drop my mother off at the shops or the hairdresser and when I do so, I am not required to leave the car there and walk home, that would obviously be absurd. In fact the blue badge booklet even tells you to use the blue badge in this way.

The law is also clear that if the blue badge was displayed in the relevant position, that's the end of the matter as far as civil parking contraventions are concerned:







If they want to suggest you were misusing the badge, a parking PCN is not the way to go about it.

This is the sort of case where you risk making a meal out of it when really the appeal needs to simply put the council to proof and let their case fall flat on its face.

I would therefore like to represent you because I think there is virtually no chance of the council winning this, as long as the appeal is argued correctly. I will drop you a PM should you wish to take me up on that.

A quick update - I have been notified that TMBC have not contested my case and therefore the case is closed.

I was surprised they came back quite quickly regarding this.

Thank you again to everyone for your help and advice - it's much appreciated and good to know that Councils are not always correct with their PCNs.

it's much appreciated and good to know that Councils are not always correct with their PCNs.

We might get a somewhat biased sample, but in our experience they're wrong may 9 times out of 10. Well done for seeing this through.