Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: privates on April 09, 2024, 04:09:26 pm

Title: Re: Camden Council - Forgot to display Disability bage
Post by: moeswift on April 19, 2024, 09:48:51 pm
Hi @Pastmybest,

Apologies for the late response with your help I have now appealed the parking fine.

Thank you
Title: Re: Camden Council - Forgot to display Disability bage
Post by: privates on April 19, 2024, 08:05:03 pm
Quote from: cp8759 on April 15, 2024, 09:40:26 pm
Then even if you were not initially in contravention, by the time the CEO served the PCN you were. In the circumstances, your best bet is to make a plea for discretion, which for a blue badge holder will normally be accepted more often than not.

Here's a draft:

Dear London Borough of Camden,

I would like to explain that at the time of the alleged contravention I had been accompanying my disabled brother (who is a blue badge holder) across the road into Camden Market for a meal. Unfortunately I forgot to display the blue badge on this occasion, I should add that due to his medical condition I had to assist him from the car and this would have somewhat distracted me.

While I understand that under the law this is no excuse, I would request that on this occasion you exercise discretion not to pursue the matter further, I will of course be mindful to ensure full compliance going forwards.

I am uploading a copy of my brother's blue badge for your records.

Yours faithfully,

Make sure to keep a screenshot of the confirmation page.

He has appealed this, thank you for your help.
Title: Re: Camden Council - Forgot to display Disability bage
Post by: cp8759 on April 15, 2024, 09:40:26 pm
Then even if you were not initially in contravention, by the time the CEO served the PCN you were. In the circumstances, your best bet is to make a plea for discretion, which for a blue badge holder will normally be accepted more often than not.

Here's a draft:

Dear London Borough of Camden,

I would like to explain that at the time of the alleged contravention I had been accompanying my disabled brother (who is a blue badge holder) across the road into Camden Market for a meal. Unfortunately I forgot to display the blue badge on this occasion, I should add that due to his medical condition I had to assist him from the car and this would have somewhat distracted me.

While I understand that under the law this is no excuse, I would request that on this occasion you exercise discretion not to pursue the matter further, I will of course be mindful to ensure full compliance going forwards.

I am uploading a copy of my brother's blue badge for your records.

Yours faithfully,

Make sure to keep a screenshot of the confirmation page.
Title: Re: Camden Council - Forgot to display Disability bage
Post by: moeswift on April 15, 2024, 02:29:58 pm
@cp8759 Might of taken roughly 10 min from getting out of the car to seating him.
Title: Re: Camden Council - Forgot to display Disability bage
Post by: cp8759 on April 15, 2024, 02:28:22 pm
@moeswift and at what time did you get to the restaurant and sit your brother down?
Title: Re: Camden Council - Forgot to display Disability bage
Post by: moeswift on April 15, 2024, 01:53:19 pm
Hello, @cp8759

I apologise for the delayed response and thank you for contacting me. I believe the time was approximately 09:30.
Title: Re: Camden Council - Forgot to display Disability bage
Post by: cp8759 on April 14, 2024, 10:49:48 pm
Quote from: privates on April 12, 2024, 03:22:44 am
Makes sense, the badge he uses usually allows him to park in residential bays. Will there be any other exemptions to appeal under as he had forgot to display it?
@privates no, but there are more things worth looking at, I just need your friend to answer my question above.

For reference the traffic order is The Camden (Parking Places) (CA-F) Traffic Order 2012 (https://www.camden.gov.uk/documents/20142/4210843/CAF.pdf/57b1681b-891c-db68-59ae-67c8c8e2dff8) and the schedule is here (https://www.camden.gov.uk/documents/20142/4210843/Schedule+1+-+Residents+Permit+Holders+%283%29.pdf/907ab3fa-49e5-9385-a154-c2ba76e3b52b), item 11720 on page 25 appears to be the relevant one.
Title: Re: Camden Council - Forgot to display Disability bage
Post by: cp8759 on April 14, 2024, 10:48:49 pm
@moeswift at what time exactly did you first park? If you don't know the exact time, please estimate to the best of your recollection.
Title: Re: Camden Council - Forgot to display Disability bage
Post by: privates on April 12, 2024, 03:22:44 am
Quote from: Pastmybest on April 11, 2024, 10:48:58 pm
If you intended to park and eat then you do not have the assisted alighting exemption, that only allows you to assist him to the restaurant then move the  car

Makes sense, the badge he uses usually allows him to park in residential bays. Will there be any other exemptions to appeal under as he had forgot to display it?
Title: Re: Camden Council - Forgot to display Disability bage
Post by: Pastmybest on April 11, 2024, 10:48:58 pm
If you intended to park and eat then you do not have the assisted alighting exemption, that only allows you to assist him to the restaurant then move the  car 
Title: Re: Camden Council - Forgot to display Disability bage
Post by: privates on April 11, 2024, 12:39:19 pm
Quote from: moeswift on April 10, 2024, 02:15:38 pm
It was my intent to leave the car but due to the time and assisting my brother I inadvertently forgot to display the badge.

The restaurant was just across the road in Camden market.

I can try write a start-up draft for a base :

To whom it may concern,

I am challenging this PCN under the assisted boarding exemption. On *DATE* I was helping assist my disabled brother whom also has a disability blue badge across the road into Camden Market for a meal we was having. Unfortunately I had forgot to display the badge which had disallowed the parking officer in charge to be aware of this. Due to medical reasons I must assist him in travels and as you can imagine this causes pressure at times.

I ask that the PCN is cancelled under the circumstances mentioned above, under the assisted boarding exemption. I will attach to this email a witness statement signed by another family member whom was with me and my brothers blue disability badge.

Yours sincerely,
Title: Re: Camden Council - Forgot to display Disability bage
Post by: moeswift on April 10, 2024, 02:15:38 pm
It was my intent to leave the car but due to the time and assisting my brother I inadvertently forgot to display the badge.

The restaurant was just across the road in Camden market.

Title: Re: Camden Council - Forgot to display Disability bage
Post by: Pastmybest on April 10, 2024, 01:07:56 pm
So it was your intent to leave the car or was it just see your brother to the restaurant and then move the car. Where is the restaurant in relation to where you parked 
Title: Re: Camden Council - Forgot to display Disability bage
Post by: moeswift on April 10, 2024, 11:32:43 am
Hi, Pastmybest,

Thank you for your response. This PCN is mine, and I was boarding my disabled brother to a restaurant for us to eat. it wasn't a parent, which I forgot to display his blue badge.

I look forward to your response
Title: Re: Camden Council - Forgot to display Disability bage
Post by: privates on April 10, 2024, 11:25:30 am
He is now signing up and will correspond to this post
Title: Re: Camden Council - Forgot to display Disability bage
Post by: Pastmybest on April 10, 2024, 10:52:05 am
Assisted boarding/ alighting is an exemption of its self and a BB is not needed. Just a credible explanation of what was being done
Title: Camden Council - Forgot to display Disability bage
Post by: privates on April 09, 2024, 04:09:26 pm
Posting on behalf of a friend,

he had parked his vehicle but unfortunately forgot to display blue disability badge while assisting his parent. Was wondering if there is any ground of appeal?

PCN Ticket :

https://ibb.co/7rMw1kP
https://ibb.co/CWjjwhS

Camden website PCN details :

https://ibb.co/smd7RSw
https://ibb.co/x2d2Rgt
https://ibb.co/7VTrkb2

GSV :

https://maps.app.goo.gl/8nBJtgrGGMMDLPkc9