My thoughts.
Grounds: Penalty exceeded the amount applicable in the circumstances of the case.
It is common ground that:
My son is entitled to a disabled person's badge and has held one continuously since *****;
that the car was being used to transport him at the time and that an expired blue badge was displayed and that the following dates apply:
Old badge expired: 22.04.25
New badge valid from date: 28.05.25
PCN Issued: 29.05.25
New badge received: 07.06.25
Prima facie this is a contravention.
The circumstances of this case are, however, less straightforward:
The issuing council is Torfaen Council;
Renewal of the 'old' badge was initiated on *****;
The council's renewal website states that:
A renewal request may not be submitted more than 4 weeks prior to expiry;
New badges may take up to 12 weeks to process:
The council issued the new badge by post with a commencement date of 28 May;
This was received on 7 June, that is 10 days after it came into force;
Councils are required to exercise their duties under the Chronically Sick and Disabled Persons Act 1970 in an efficient and effective method;
Parking is part of the council and governed by the same public law duties of fairness.
It is wholly the council's fault that every blue badge holder in the balliwick of Torfaen council may be denied their legal rights by virtue of their inefficient procedures, including in this case why the BB dated 28 May took until 7 June to be received.
A BB holder cannot be denied their legal rights by virtue of this inefficiency, even less penalised as the council is attempting to do.
The council, acting fairly, must cancel the PCN.
