Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Slim07 on January 25, 2024, 07:32:26 pm
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@Slim07 any updates?
In the meantime here are:
The Newham (Disabled Persons) (Community Parking) (Special Parking Area) (No. 1) Order 2007 (https://drive.google.com/file/d/1qCdWJ9lIqwEh7kjwliw5MKngUfh5W47I/view)
The Newham (Disabled Persons) (Community Parking) (Special Parking Area) (No. 1, 2007) (Amendment No. 23) Order 2022 (https://drive.google.com/file/d/1y0nJo2VNqlAwNtsZS9m88M4lgKyaqCeK/view)
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@cp8759
The "honest mistake" was failing to set and display the clock. The bay in question is for blue badge holders but is time limited to 2 hours. At least according to the sign.
There is no legal requirement to use a parking disc or "clock" in an on-street bay, see Michelle Dhillon v Leicester City Council (LE00087-1812, 30 January 2019) (https://drive.google.com/uc?id=1SWPQvyFnxTCIkzz4XHjTBhchA8i-hvKm) and William Watson v St Helens Metropolitan Borough Council (SZ00006-2002, 11 March 2020). (https://drive.google.com/uc?id=1j3F5-usOqEk4ZeV4WH8vLjOsB6JaMN5G)
That being said, I agree the most sensible approach will be to simply show that the bay was being used legitimately as the council may well cancel at the representations stage.
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@cp8759
The "honest mistake" was failing to set and display the clock. The bay in question is for blue badge holders but is time limited to 2 hours. At least according to the sign.
The OP is attracting attention from the CEOs because the vehicle is a liveried delivery van and the BB belongs to a child 14 years old. That's why I asked above about whose badge this was. No reason why a BB can't be used with a van but the age of the holder ferments suspicion.
Apparently the OP rents or leases the van from or through DPD. If he's not the RK then the NTO will go to the lease company and that might cause complications. Especially if another party pays the penalty and charges it back, ultimately to the OP.
It seems to me that the cleanest course of action is to submit an informal representation to try to get the PCN cancelled before Newham issue an NTO. Newham might well cancel because it involves a BB.
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Enceladus I'm not sure what the "honest mistake" would be?
It seems to me that the blue badge was correctly on display and the CEO might have made an assumption that a delivery driver was using it fraudulently. The correct course of action would have been to wait for the driver to return and ask to see the blue badge rather than issuing a PCN, but based on what we now know there was no mistake at all on the part of the driver.
Also there is no 28 day deadline to make informal representations, you can make informal representations at any time prior to service of the notice to owner.
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31/12/2023 = Sunday = day 1 of 28 day period for informal representations
13/01/2024 = Saturday = day 14 = last day to pay at 50% discount
27/01/2024 = Saturday = 28 of 28 day period to submit informal reps
So did you submit any informal representations (challenge) against this PCN?
Anyway since the penalty sits at £130 then you having nothing to lose and a £130 to gain by pursuing this all the way to the Adjudicator.
Do you know who the Registered Keeper of the van is? Do you have a copy of the V5c? See can you find out. The Notice to Owner, when issued, will go to the RK. It's important that DPD or a lease company don't just pay the charge and then dock it from your pay. Doing so will close the case. You need to get the RK to transfer liability to you.
Newham might issue an NTO as early as the end of this week.
I suggest you try informal reps anyway. Something like.
The van was not parked in the bay for more than 2 hours.
We forgot to set and display the clock.
We did correctly display the Blue Badge.
My son is the BB holder.
He was in the van which was being used to pick up some shopping.
The van was not being used for business purposes on that day.
An honest mistake.
There was no attempt or intent to evade a parking charge
Terribly sorry, it won't happen again.
Please use your discretion to cancel the PCN.
It's clearly not in the interests of justice to enforce this charge because of one simple mistake.
Etc.
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What's your connection to the newlyweds?
Surely there must be some wedding photos?
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@cp8759
This was new years eve. On a Sunday. I dint work on Sunday.
I dont have no invitation. This was just word of mouth of the mousque.
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@Slim07 this is a real mess but is winnable.
The first thing you need to put together is evidence to confirm that you were going to a wedding and were not working.
Do you have a wedding invitation, photos and the like?
Also, do you have a rota or some other document to show that you were not working on this day?
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@cp8759
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The sign has a BB symbol and says "2 hours" & "No return within 1 hour".
Is that allowed? Should it not be at least 3 hours?
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Can you help with this representation. I was visiting a mosque for a wedding ceremony and my son wanted to come. The bb belong to my son, as he was with I used it, but i didn't display the clock. i thought he did but he didn't. how can i appeal this.
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But are you a BB holder ? There is a board on the dashboard saying "driver on delivery". This is unfortunately not a Get-out-of-jail-free card. The bay is for BB holders only, and not for loading/unloading. It may be that the Order for the bay does have an exemption for loading, but you'd have to submit representations stating you were engaged in this activity, and provide some proof.
Edit
Having seen your other posts, it seems you are a BB holder. I have checked and there seems to be nothing to prevent a BB holder using the BB for work purposes. So you should submit representations on this basis.
https://assets.publishing.service.gov.uk/media/6139ef438fa8f503b02d1e6b/rights-and-responsibilities-easy-read.pdf
https://www.disabledmotoring.org/blue-badge/blue-badge-in-london
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we need a gsv and the council photos to advise
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Newham,code 40, parked in a disabled bay, Strone Road E7 Forest Gate.
I was a parked in a disabled bay, not a permit holder.It was a public disabled bay. I didn’t display the timer with the badge. How can I waive this email?
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