Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: paulc_dj on July 22, 2024, 11:03:47 am
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There is a legal doctrine of de minimis non curat lex - the law can't be bothered with trifles. You don't qualify. Your incursion was too great.
It's not measured in feet and inches or percentages, it's simply whether the degree of contravention was a trifling amount in its context. Even you would agree that it was not.
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Do you know I did not realise that we didn't have to pay using a BB, my wife has just informed me that was the case, as well!
yes, I am aware there are unlimited bays in Graham Road and Beaconsfield Road, will check there next time as well. Also, my car was more on the bay than on double yellows (40%) on there and it was literally just touching that yellow dash on the kerb, what are the rules for being more than 50% on the space BTW?
Thanks for your assistance :)
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For future reference you don't need to pay on street in North Somerset with a BB and it's without time limit, but best to check the machine in the bay.
See here: https://n-somerset.gov.uk/my-services/parking-travel-roads/parking-access/blue-badges-disabled-parking-permits/how-where-use-blue-badge
Beaconsfield Road and Graham Road can be spots worth trying though a little further from Cineworld.
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The problem was half your car was on double-yellow lines with a loading restriction as well: -
https://maps.app.goo.gl/7U4CTq1sZS4HTds46
The loading restriction is 9am to 6pm, and your PCN was served at 3.30pm. BBs are not valid for use on yellow lines which also have loading restriction.
However, submit an informal representation based on your narrative, and just simply say you missed the loading restriction "blip" on the kerb when you parked. Post up their response when you get it. Please also post up the back of the PCN so we can check the small print for fatal errors, which can win an adjudication on their own.
Best not to be confrontational in your reps.
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My Wife and I went to see Twisters on Saturday afternoon at our local cinema in Weston-super-Mare and arrived back at our car to find a PCN on it. We were displaying my Wife's blue badge and the ticket from the machine, and we were over half way onto the space (see pic). But we received a PCN (Code 02) parked on loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force. I took a screenshot of the disabled badge holders only sign, and I also took a picture of our car, showing that we are over 50% on the bay and we were not blocking the disabled ramp on the kerb. My Wife has a disability and this was the closest spot to the cinema we could find. Town was really busy and we drove around looking for a full space, but could find none. This is a disabled parking bay and we were displaying our badge and we paid £4.70 for three hours parking. How do I challenge this please, I appreciate your help, and thankyou in advance.
Pictures
https://flic.kr/p/2q5uJyd
https://flic.kr/p/2q5zooh
https://flic.kr/p/2q5ACFq
https://flic.kr/p/2q5B9WB