Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: jackdee85 on February 17, 2024, 11:56:43 am
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Hi,
Thanks for the reply cp8579, but have actually paid it yesterday. It was my mistake not displaying the badge properly. Thanks for the help you give.
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@jackdee85 please give us the PCN number and number plate.
I would definitely take this at least to the NTO stage because most councils, even in London, will often exercise discretion in favour of a blue badge holder. Even if a challenge to the NTO is rejected the discount is normally reoffered as long as the NTO is challenged within 14 days of the date of issue, so there is limited risk in carrying on.
That being said I'd like to check the details of the traffic order but for that I need the PCN details please.
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Unfortunately I was parked for a couple of hours. It’s a bit personal.
DVLA details are all correct.
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Wait for views of others.
You could add something regarding why and for how long you were there e.g. as it was I was only parked for ** minutes while I and found the PCN when I got back to my* car at ***.
*- who is the registered keeper and are their DVLA details current?
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Is the above reps, okay?
Thanks
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Draft reps. Is this okay?
With regards to this, I would like to ask for your leniency in cancelling the PCN for the following reasons.
The Blue Badge has been held since 2017 and has been used in Redbridge many times before without any issues.
It is normally displayed with the clock, but unfortunately on this occasion as this was a new, renewed Blue Badge, a momentary memory fade caused me to forget to put the Blue Badge in the clock wallet.
The CEO was correct in issuing the PCN, but please exercise discretion on this occasion.
I have now ensured that The Blue Badge has been placed in its rightful place inside the clock wallet.
I thank you for your understanding in this matter.
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And for info, the regs do not require the PCN to '..contain information in the form required by the regulations' or in fact in any form.
A regulation 9 penalty charge notice must include the following information..
Whether this info is conveyed in the PCN(not in the NTO) is the issue at large.
Therefore the caution in Incandescent's post is appropriate.
OP, if you did not display the clock then on the face of it the CEO was correct in issuing the PCN. But the purpose of giving drivers the opportunity to explain the circumstances is so that your side of the story can be put to the authority who must then consider whether in light of this evidence and the council's policies they should insist on demanding the penalty or whether, in light of your account, it would be applicable to exercise discretion.
I suggest you draft reps and post here.
You have until 29 Feb. to submit reps while still maintaining the discount.
Factors you might consider in reps:
You've held a BB since ***
Parked there and on other single and DYL in Redbridge many times before without issue;
Normally display clock even in situations where it's not strictly necessary because it'sin the same wallet as the BB;
But on this occasion ****;
Momentary memory fade caused you to forget...
You can see that the CEO was correct to issue the PCN....
..but would the council consider exercising discretion on this occasion..?
Send them a photo of your BB and clock inside the wallet, tell them you've superglued it in place!
Or just pay!
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Well, before you join The Mugged Club, I would make a challenge.
There is also another issue actually.
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Thank you for the information. Probably best to pay with this information. Councils need the money and are unlikely to cancel the PCN and rely on us motorists.
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The PCN is flawed because it doesn't contain information in the form required by the regulations:-
Extract from The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022
3.—(1) A regulation 9 penalty charge notice must include the following information—
(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;
(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.
3 (1)(c) is missing. Having said that, it does say that if a Notice to Owner is served, the recipient must respond to it. Some PCNs just miss all of this, but this one seems close but for me, not close enough. An adjudicator could say it is "substantially compliant", but for something that is mandated content, I would say the PCN is not compliant and therefore void, but you'd have to take the double-or-quits gamble at adjudication to find out. (ful penalty if you lose)
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Does anyone have any suggestions for this pcn?
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https://maps.app.goo.gl/3YDrR9FVo7f5NEx46
this is the place. parked on the same side as the van.
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GSV: https://maps.app.goo.gl/b64WS1SU9RticQNP8
and I believe the CPZ is in operation 8am to 6pm all days of the week https://liverpool.gov.uk/parking-roads-and-travel/find-parking/controlled-parking-zones/
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Please post a GSV link to the location.
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Hi,
I parked my car on a yellow line and received the PCN. Unfortunately I had just received my renewed Blue Badge and forgot to put it in the wallet with the clock timer and displayed on its own. My mistake and therefore I received the PCN. The link has the PCN and photos for any advise. thanks
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