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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: boxer29 on July 02, 2024, 12:17:18 pm

Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: boxer29 on July 09, 2024, 01:19:51 pm
@CP 8759,
While trying to add my representations i found this on the page which is a bit confusing. i have put those points in italics for you to have a look. what is your advice when it says that i have to put the blue badge clock on display as well.

I had a Blue Badge
When you use a Blue Badge, you must clearly display it in the vehicle. The blue parking disc (clock) must be set to your arrival time. If the badge is not displayed or the clock is incorrectly set, this is a contravention.

In line with our appeals policy, we can only accept an appeal if all of these are true:

The Blue Badge was on display, but was facing down or was otherwise unreadable
The Blue Badge clock was on display (when required)

The Civil Enforcement Officer (CEO) did not say that the incorrectly displayed badge was invalid
The vehicle was otherwise parked within the terms of the Blue Badge scheme
If you meet the criteria above please select 'Continue' to start the appeal. We will take you through providing the evidence we need to allow us to cancel the PCN.

Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: boxer29 on July 08, 2024, 11:52:10 pm
Council photos:

[img width=800.0000610351562 height=600.0000610351562]https://i.imgur.com/6zzaKKU.jpeg[/img]

[img width=800.0000610351562 height=600.0000610351562]https://i.imgur.com/0bK7JiO.jpeg[/img]

[img width=800.0000610351562 height=600.0000610351562]https://i.imgur.com/bEbEszk.jpeg[/img]

[img width=800.0000610351562 height=600.0000610351562]https://i.imgur.com/kx0LcGH.jpeg[/img]

[img width=800.0000610351562 height=1066]https://i.imgur.com/YNZQgpl.jpeg[/img]

[img width=800.0000610351562 height=600.0000610351562]https://i.imgur.com/cB2Lcqe.jpeg[/img]

[img width=800.0000610351562 height=600.0000610351562]https://i.imgur.com/RvahCiP.jpeg[/img]

Well this is going to be really easy as The Leeds City Council (Traffic Regulation) (Waiting Restrictions) (No.W01) Order 2021 (https://drive.google.com/file/d/1JYYTdZozPYsaVP_ZwT82YOITxt38GCsr/view) only references parking discs (aka clocks) in respect of waiting restrictions, not designated parking bays.

Dear Leeds City Council,

The alleged contravention did not occur and it is quite clear the PCN has been issued in error. The CEO's own photos show that a blue badge was clearly displayed on the dashboard in the prescribed position, and there is no evidence I exceeded the four hour time limit.

For the record, I only parked in this bay for around 30 minutes.

The PCN must now be cancelled as the alleged contravention is not made out.

Yours faithfully,


@boxer29 send the representation online and please make sure to keep a screenshot of the confirmation page.
Thanks CP8759,
Will do representation online and take a screen shot.
Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: cp8759 on July 08, 2024, 11:24:34 pm
Why not reference the order and point out that there isn't a requirement to display a clock, therefore the only issue is whether the vehicle was parked for more than 4 hours which the OP will assert was not the case, indeed they were only parked from ** to **?

Two reasons:

1) The council won't understand the point, it's not as if they actually look at a traffic order when considering representations, and
2) There is no issue of how long the vehicle was there for, even if the OP had parked for more than 4 hours the contravention alleged on the PCN would not have occurred regardless. An overstaying BB holder could be issued with code 30 - Parked for longer than permitted.
Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: H C Andersen on July 08, 2024, 08:45:07 pm
Why not reference the order and point out that there isn't a requirement to display a clock, therefore the only issue is whether the vehicle was parked for more than 4 hours which the OP will assert was not the case, indeed they were only parked from ** to **? 
Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: cp8759 on July 08, 2024, 08:28:13 pm
Council photos:

(https://i.imgur.com/6zzaKKU.jpeg)

(https://i.imgur.com/0bK7JiO.jpeg)

(https://i.imgur.com/bEbEszk.jpeg)

(https://i.imgur.com/kx0LcGH.jpeg)

(https://i.imgur.com/YNZQgpl.jpeg)

(https://i.imgur.com/cB2Lcqe.jpeg)

(https://i.imgur.com/RvahCiP.jpeg)

Well this is going to be really easy as The Leeds City Council (Traffic Regulation) (Waiting Restrictions) (No.W01) Order 2021 (https://drive.google.com/file/d/1JYYTdZozPYsaVP_ZwT82YOITxt38GCsr/view) only references parking discs (aka clocks) in respect of waiting restrictions, not designated parking bays.

Dear Leeds City Council,

The alleged contravention did not occur and it is quite clear the PCN has been issued in error. The CEO's own photos show that a blue badge was clearly displayed on the dashboard in the prescribed position, and there is no evidence I exceeded the four hour time limit.

For the record, I only parked in this bay for around 30 minutes.

The PCN must now be cancelled as the alleged contravention is not made out.

Yours faithfully,


@boxer29 send the representation online and please make sure to keep a screenshot of the confirmation page.
Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: boxer29 on July 08, 2024, 12:40:10 am
Hi CP8759.
Sorry this happened in.Leeds not in Liverpool, you are looking at the wrong link.
https://www.leeds.gov.uk/parking-roads-and-travel/parking/parking-tickets-and-bus-lane-fines/pay-a-parking-ticket-or-bus-lane-fine
Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: cp8759 on July 06, 2024, 05:02:56 pm
@boxer29 I tried looking this up on https://parking.liverpool.gov.uk/pcn/ and it says invalid details?
Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: boxer29 on July 04, 2024, 02:38:15 pm
@boxer29 you need to leave the PCN number and number plate visible on the PCN please, this is all explained in the guidance.
Struggling to upload but here is the detail

PCN :LS23368701   Reg    N44GEB

Thanks for your support
Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: cp8759 on July 03, 2024, 10:56:57 pm
@boxer29 you need to leave the PCN number and number plate visible on the PCN please, this is all explained in the guidance.
Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: boxer29 on July 03, 2024, 10:03:37 pm
@boxer29 forget about mitigation, there is no contravention. A blue badge holder parking in a time-limited bay is not under a legal obligation to display the parking disc (commonly known as the "clock"), and if a council wanted to impose such an obligation they would need to say so in the traffic order and would also need to obtain special authorisation from the Department for Transport for an appropriate sign, as there is no sign to tell you to display a clock.

The authorities on this point are Michelle Dhillon v Leicester City Council (LE00087-1812, 30 January 2019) (https://drive.google.com/file/d/1SWPQvyFnxTCIkzz4XHjTBhchA8i-hvKm/view) and William Watson v St Helens Metropolitan Borough Council (SZ00006-2002, 11 March 2020) (https://drive.google.com/file/d/1j3F5-usOqEk4ZeV4WH8vLjOsB6JaMN5G/view), both my handy work.

Please follow the guidance here (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/) to upload the documents and I will draft a representation for you.

Thanks CP8759-- i have read the 2 cases which will support my mitigating grounds.
i will wait for a draft though.
Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: boxer29 on July 03, 2024, 09:30:36 pm

(https://i.ibb.co/M9zxpqm/Disab-tkt-May-24-1.jpg) (https://ibb.co/ZNQpKy0)


Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: John U.K. on July 03, 2024, 07:58:56 pm
You need to repost with all sides. Only redact your name & address - leave everything else in.

postimage is not a very friendly site - try imgur or ibb.co
Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: boxer29 on July 03, 2024, 07:48:16 pm
here is the file as requested.

(https://i.postimg.cc/w3qbTb58/Disab-tkt-May-24.png) (https://postimg.cc/w3qbTb58)
Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: cp8759 on July 03, 2024, 04:50:41 pm
@boxer29 forget about mitigation, there is no contravention. A blue badge holder parking in a time-limited bay is not under a legal obligation to display the parking disc (commonly known as the "clock"), and if a council wanted to impose such an obligation they would need to say so in the traffic order and would also need to obtain special authorisation from the Department for Transport for an appropriate sign, as there is no sign to tell you to display a clock.

The authorities on this point are Michelle Dhillon v Leicester City Council (LE00087-1812, 30 January 2019) (https://drive.google.com/file/d/1SWPQvyFnxTCIkzz4XHjTBhchA8i-hvKm/view) and William Watson v St Helens Metropolitan Borough Council (SZ00006-2002, 11 March 2020) (https://drive.google.com/file/d/1j3F5-usOqEk4ZeV4WH8vLjOsB6JaMN5G/view), both my handy work.

Please follow the guidance here (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/) to upload the documents and I will draft a representation for you.

Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: John U.K. on July 02, 2024, 05:22:44 pm
hi,
when trying to upload pdf file of 492 kb it says an error has occurred.
says upload folder full, contact admin


Have a read of
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/

and use an external hosting site posting link here using insert an image button (imgur) or posting the BBCode here (ibb.co)
Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: boxer29 on July 02, 2024, 04:53:47 pm
hi,
when trying to upload pdf file of 492 kb it says an error has occurred.
says upload folder full, contact admin
Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: John U.K. on July 02, 2024, 12:32:25 pm
Please to post here all sides of the NtO, redacting only your name and address.
Title: Re: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: boxer29 on July 02, 2024, 12:27:01 pm
https://maps.app.goo.gl/oZcPmt11FWJqVv447

Title: Leeds , Code 40 parked in a designated disabled bay without displaying blue badge, St Annes Street - Central
Post by: boxer29 on July 02, 2024, 12:17:18 pm
hi,
i got this NTO in post yesterday dated 26.6.24.
i did not get the original yellow ticket on my screen.
The alleged offence is captured on 22.5.24 at 21:41.
i went for 30 min into the restaurant to meet someone and came back.
i did remember to put both the clock and blue badge on the dash.
The pictures taken only shows a valid blue badge, i assume the clock might have fallen when i closed the door.

what are my mitigation points if any to avoid the penalty.

Thanks

(https://i.imgur.com/0jBJJbq.jpeg)

(https://i.imgur.com/Dqsq3cM.jpeg)

(https://i.imgur.com/DcS51qW.jpeg)