Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Del777 on March 17, 2024, 09:50:32 pm

Title: Re: London Borough Barking & Dageneham - Disable badge fell of dash - Appeal rejection
Post by: Enceladus on March 26, 2024, 02:11:09 am
At the top of the forum is a "READ THIS FIRST" sticky post (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/).

This quite clearly tells you to only redact your name & address where present. Please leave everything else visible including the vehicle reg and the PCN number. So correct your document scans when you repost.
Title: Re: London Borough Barking & Dageneham - Disable badge fell of dash - Appeal rejection
Post by: cp8759 on March 25, 2024, 11:44:18 pm
@Del777 can you please re-post the PCN and the notice of rejection properly? I tried going through the images on your flickr but they're mixed up with PCNs from Westminster and elsewhere.
Title: Re: London Borough Barking & Dageneham - Disable badge fell of dash - Appeal rejection
Post by: Incandescent on March 17, 2024, 11:09:04 pm
It's the usual Fob-Off letter that totally ignores your representations. It is designed to encourage you to cough-up and not wait for the Notice to Owner, as at that stage the discount option has gone. It is basically the same as a government answer to an MP's question in Parliament - it is short, it is totally accurate, and it doesn't tell you anything you didn't know already !

I would be strongly tempted to wait for the Notice to Owner and submit formal representations, but it's your money, not mine.
 

Title: Re: London Borough Barking & Dageneham - Disable badge fell of dash - Appeal rejection
Post by: slapdash on March 17, 2024, 10:41:31 pm
Have you had discretionary cancellation related to a blue badge previously. Many authorities will only do it once.

The limited amount of the NOR shown doesn't include all their response which may matter.
Title: London Borough Barking & Dageneham - Disable badge fell of dash - Appeal rejection
Post by: Del777 on March 17, 2024, 09:50:32 pm
I received a PCN due to my mothers disabled blue-badge falling of the dash when helping her out of the car.

An appealed was lodged with copies of the blue-badge and also mentioning the councils parking services discretion policy which suggests it may be appropriate to cancel such PCN's in these circumstances.

I was surprised to receive a rejection of appeal with some nonsense saying that the windows of car was checked.... Well I have tinted windows on the back and they wouldn't have necessarily seen the badge through the window anyway as it was found in the footwell.

Also sent a screenshot of their website which states blue-badge holders are entitled to park in residential bays and pointed out it doesn't necessarily say anything about actually displaying the badge - this point was completely ignored in the rejection letter.

What are my chances at adjudication?

<a data-flickr-embed="true" href="https://www.flickr.com/photos/199951663@N04/53485607924/in/dateposted-public/" title="PCN edited"><img src="https://live.staticflickr.com/65535/53485607924_2639346051.jpg" width="173" height="500" alt="PCN edited"/></a><script async src="//embedr.flickr.com/assets/client-code.js" charset="utf-8"></script>

REJECTION:
<a data-flickr-embed="true" href="https://www.flickr.com/photos/199951663@N04/53592349285/in/dateposted-public/" title="2nd20240316_170438"><img src="https://live.staticflickr.com/65535/53592349285_23646caec5.jpg" width="375" height="500" alt="2nd20240316_170438"/></a><script async src="//embedr.flickr.com/assets/client-code.js" charset="utf-8"></script>

<a data-flickr-embed="true" href="https://www.flickr.com/photos/199951663@N04/53591029837/in/dateposted-public/" title="2nd20240316_170451"><img src="https://live.staticflickr.com/65535/53591029837_9192d14c24.jpg" width="375" height="500" alt="2nd20240316_170451"/></a><script async src="//embedr.flickr.com/assets/client-code.js" charset="utf-8"></script>

DISCRETION POLICY
<a data-flickr-embed="true" href="https://www.flickr.com/photos/199951663@N04/53592221094/in/dateposted-public/" title="20240316_191158"><img src="https://live.staticflickr.com/65535/53592221094_74733c3ce9.jpg" width="359" height="500" alt="20240316_191158"/></a><script async src="//embedr.flickr.com/assets/client-code.js" charset="utf-8"></script>

<a data-flickr-embed="true" href="https://www.flickr.com/photos/199951663@N04/53591902921/in/dateposted-public/" title="LBBD Poicy 2"><img src="https://live.staticflickr.com/65535/53591902921_aa0e9354de.jpg" width="498" height="500" alt="LBBD Poicy 2"/></a><script async src="//embedr.flickr.com/assets/client-code.js" charset="utf-8"></script>

SCREENSHOT
<a data-flickr-embed="true" href="https://www.flickr.com/photos/199951663@N04/53484387207/in/dateposted-public/" title="20231104_155637"><img src="https://live.staticflickr.com/65535/53484387207_af064593bd.jpg" width="243" height="500" alt="20231104_155637"/></a><script async src="//embedr.flickr.com/assets/client-code.js" charset="utf-8"></script>