Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Bills on June 25, 2024, 09:45:35 am
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Looks OK to me.
Just put the PCN Number and Date at the top of your narrative: -
" Re PCN : <PCN number> Dated : <date>"
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Thanks for all of the input Here is our draft (For some reason my formatting is not being reflected in the post preview, I've tried adding some BBcode apologies for the wall of text):
Dear Sir/Madam,
I hope this message finds you well. I'm writing to appeal the Penalty Charge Notice (PCN) number issued on 22/06/24 for my vehicle.
On that day I parked in Grange Paddocks C Car Park to take my disabled mother swimming. Usually, we use the disabled bays, but since they were all occupied, I had to park in a regular bay. In the rush to help my mother, I forgot to display her Blue Badge.
- It was our first time parking on a Saturday, and the car park was much busier than usual.
- I was focused on assisting my mother, who relies heavily on these swimming sessions for her rehabilitation.
- It was an honest mistake, and I didn’t intend to break any parking rules.
I've read through your council’s enforcement policy and noticed that it mentions considering appeals from disabled drivers or passengers with compassion, even if the badge wasn’t displayed, as long as it’s proven to be valid. My mother’s Blue Badge is indeed valid, and I’ve attached a copy for your reference.
Given these circumstances, I kindly ask you to cancel this PCN. This was a genuine oversight on my part, and I assure you it won’t happen again. These swimming sessions are crucial for my mother’s well-being, and your understanding of this matter would mean a lot to us.
Thank you very much for your time and consideration. I appreciate your understanding and look forward to a positive resolution.
All the best
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Remember, all the CEO saw was a car parked without payment, ticket or a voucher. They had no idea of the circumstances.
I think the tone of your first post is about right.
Mea culpa, terribly sorry, won't happen again. I note that your enforcement policy suggests that in circumstances like mine the council would exercise discretion so I am hopeful that you would do so on this occasion
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Is there a way to appeal this? Thanks
There most certainly is, and the first stage of submitting representations is given on the back of your PCN. Note that in semantic terms, an appeal is what takes place at the adjudicators, all submissions to councils are "representations".
Your circumstances have been seen many, many times on this forum, (failure to display a BB), and much depends on the council what they do when representations are submitted. Fortunately, East Herts have been good enough to point you to their enforcement policy document, and this clause appears in it: -
Disabled Drivers/Passengers
The European style Blue Badge was introduced April 2000. Badges are valid in all European Union Countries.
The scheme provides parking concessions for people with severe walking difficulties who travel as passengers or drivers.
The scheme is intended to allow badge holders to park close to their destination and applies to on-street parking. East Herts Council also currently allow blue badge holders to park free and without time limit in any pay and display car parks in both marked and unmarked disabled bays.
Blue badges can only be used if the vehicle is being used to transport the blue badge holder. If it appears evident to the CEO that neither the driver nor passenger is the blue badge holder, the CEO should note down the Badge details and pass these on to the back office. A PCN cannot be issued for misuse, only if a contravention has occurred.
A valid blue badge (and if necessary, a time clock, properly set to the time of arrival) must be clearly and properly displayed whilst the vehicle is parked. Failure to do so will result in a PCN being issued for the relevant contravention.
Any informal or formal representation received from a disabled driver should be considered compassionately, even if the badge was not displayed or had expired (as long as there is evidence that it has been renewed.) The cancellation letter should state that if the same circumstances arise, any future ticket will not be cancelled. As a general rule, further tickets should not be cancelled, but there may be mitigating circumstances where it could be advisable to exercise discretion.
Where a PCN has been issued to a vehicle parked on a yellow line covered by a loading ban, a bay reserved for a specific class of vehicle such as an electric bay, the Penalty Charge Notice should not be cancelled as a general rule, but there may be mitigating circumstances where it could be advisable to exercise discretion.
So what you need to do is submit representations based on your narrative here, giving the BB number and the circumstances that gave rise to the PCN, and ask for their discretion. Councils outside London tend to be more forgiving of circumstances, and also in your case, have lost no money whatsoever.
Please post a draft here for review before sending it.
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Apologies I thought both images were on the same link.
GSV doesn't cover into the car park but here is the link: https://maps.app.goo.gl/m25oyfYrb9mzZCBo9
(https://i.imgur.com/riNRZjH.jpg)
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Please post the back of the PCN (to check for errors in the 'small print'), and give a GSV link to the location.
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Hi,
I'm hoping to get some advice if possible.
My partner parked in a car park to take her disabled mum swimming. She usually takes her once a week and this was the first time on a Saturday, all of the disabled bays were full, which is where they normally park. So they parked in a regular bay and forgot to put her blue badge up. The car park is free to park for 3 hours for the leisure centre users but you are required to print a ticket or you can display a blue badge.
Is there a way to appeal this? Thanks
----PCN----
(https://imgur.com/peRQmPt.jpg)