Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: PCN ticket on August 04, 2024, 11:23:13 pm
-
The car was parked In front of my block of flat my son was at home
-
So this goes back to whether a case can be made that there could be no contravention as the controlled zone starts at 8.30am and PCN time is 10.27am, well within the 3 hour exemption.
It's concerning that Tower Hamlets hasn't used discretion.
-
Were you accompanied by a Blue Badge holder whilst you were parked?
-
My representation is below
Thanks
I got a ticket for being parked on a single yellow with a blue badge displayed but forgot to display the clock also.
I did not know that I had to also display the clock with the blue badge as I only received the badge on 29/4/24 and displayed it at night before as I could not find parking space and did not know the rules of the blue badge.
Also my 6 year old son was diagnosed with cancer (leukemia) on 17/3/24 and been in and out of hospital regularly for treatment etc. I also only bought my car the day before on 29/04/24, I have attached the blue badge and my child’s medical records and you can check on your system when I applied for parking permit.
I am regularly now having to go with my son and sometimes stay over at great olmond hospital while he has Chemotherapy and this has been on going from 17/3/24.
I would appreciate it if you would consider my situation and cancel the PCN on this occasion.
Regards
-
I made a representation and it got rejected.
Please post up the represenatation so it can be seen how well they considered your reps.
(https://i.ibb.co/c6b3Fnx/IMG-3853.jpg) (https://ibb.co/sK5RwYt)
(https://i.ibb.co/pjwXN9H/IMG-3854.png) (https://ibb.co/nMmk45X)
-
Hi there,
I made a representation and it got rejected.
Any chance anyone can give some advice as if I should appeal and if I have a chance of winning the appeal.
I have attached the rejection letter
Thanks
https://ibb.co/sK5RwYt
https://ibb.co/nMmk45X
-
Hi there
Any advice on what I should mention on the representation
-
Hi there,
Please see attached PCN
https://ibb.co/RHGHxTk
https://ibb.co/QJXfnpX
Unfortunately I did not keep the write up of the informal representation but I think all I said was what happened and that I only bought my car the day before and also received the blue badge and I didn’t know I had to display the clock with the badge and only found out when I asked a friend if they knew why I received a PCN and they informed me how to use it.
-
Further info from my relatives thread: I had forgotten the clock was actually displayed but incorrectly set. However, PASTMYBEST did provide a previous allowed appeal for no clock displayed (however, it was a 3 hour restriction, but as above you could not have stayed longer than 1 hour 57m as the clock is 12 hours only).
https://web.archive.org/web/20230629114647/http://forums.pepipoo.com/index.php?showtopic=130914
2160217310
Mr Simmonds appeared before me today for the personal hearing of his appeal, accompanied by his daughter. He gave evidence in the same terms as his earlier representations to the Enforcement Authority and his Notice of Appeal.
This Penalty Charge Notice (PCN) was issued because Mr Simmonds’s car was seen parked on a single yellow line in Totterdown Street at a time when waiting was restricted. Although a Blue Badge was displayed, no disc or clock showing the time at which the parking had started was displayed. Mr Simmonds’ case was that he had in fact only parked for a few minutes to pick up his dry cleaning, which was supported by an email from the dry cleaning shop. That would not have given him a ground of appeal.
However, I noted that the waiting restrictions that applied to this particular stretch of the street, according to the Notice of Rejection and the photographs taken by the Civil Enforcement Officer (CEO), were from 7am to 10 am and from 4 pm to 7 pm. This PCN was issued at 6.41 pm, i.e. during the second of those two periods. (Because the CEOs’ photographs were not very clear, I looked on Google Street View, and their images are consistent with those of the CEO, save that the shop outside which Mr Simmonds’ car was parked has changed from a beauty salon to a mini cab service.)
The entitlement of disabled badge holders to park on yellow lines derives from the requirements imposed on Enforcement Authorities when drafting their Traffic Management Orders (TMOs) by the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 (as amended by the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000). The relevant parts of Regulation 8 read:
(2) An order to which this regulation applies shall include an exemption from the prohibition in accordance with whichever of paragraphs (3) and (4) is appropriate in favour of any vehicle displaying a disabled person's badge in the relevant position.
(3) Where the period of the prohibition does not exceed 3 hours the exemption shall be for the whole of that period.
(4) Where the period of the prohibition exceeds 3 hours the exemption shall be for a period of 3 hours subject to the conditions that-
(a) the period of exempted waiting does not begin less than one hour after a previous period of exempted waiting by the same vehicle in the same road on the same day;
(b) a parking disc is displayed in the relevant position on the vehicle marked to show the quarter hour period during which the period of exempted waiting began.
In simple terms, this means that where the period of the waiting restriction does not exceed 3 hours, only the Blue Badge is required to be displayed; the additional display of the disc or clock is only required when the period of restriction exceeds 3 hours.
There is an inconsistency in the Enforcement Authority’s evidence, in that the CEO’s notes (but not the photographs), the Case Summary and the extract from the TMO produced by the Authority refer to the waiting restrictions being from 7 am to 7 pm. It may be that there is a different TMO that provides for this parking place, with peak hour only restrictions, but in any event a motorist is entitled to rely on the signs adjacent to where he parks, and so I decide this case on the basis that the restriction that applied at this location at the time that Mr Simmonds parked there did not exceed 3 hours. It follows that the display of the Blue Badge alone, without the disc, entitled him to park there.
The appeal is therefore allowed.
[I would nevertheless recommend to Mr Simmonds that out of abundant caution he should always set and display his clock when relying on the Blue Badge.]
-
A quick Google search of the street (Is it Prusom St, London?) shows the restrictions to be 0830-1730 Mon-Fri.
The alleged offence was at 1027, meaning that without a clock, on that single day, you could only have been parked for a max of 1 hour 57 minutes.
Whilst I don't think this would be a slam dunk on its own (my relative had a similar situation with no clock on a SYL, but there were underlying order issues), it might be a point to add to your formal reps too depending on what others think.
-
So, you have received the Notice to Owner. Any reason why you didn't just pay the discount as advised in their letter rejecting your informal representations ?
Anyway, it is highly recommended that you now submit a formal representation against the NtO rather than just paying-up. We need to see the PCN and also the text of your informal representation, please. I find their usual Fob-Off refusal letter exceptionally harsh and would put that in your formal reps, bearing in mind you had just been granted the Blue Badge. If they again refuse and demand the full PCN penalty, you have nothing to lose by taking them to London Tribunals.
-
Have you received the notice to owner yet ?
If not, have you checked the online system of the authority for the status (Ie has the NTO seemingly got lost in delivery).
What were you doing (with your son if he is the badge holder which seems likely) when you got the PCN.
This may help in crafting a robust representation.
Rereading the book that came with the badge will help you understand the rules better for future use.
Are you the registered keeper of the vehicle and is it registered to your correct current address?
Please get the V5c out and look at it.
-
Can you post the PCN (both sides) and any letters to and from the council.
-
Hi
I was wondering if I could get some advice please.
I got a ticket for being parked on a single yellow with a blue badge displayed but forgot to display the clock also.
I did not know that I had to also display the clock with the blue badge as I only received the badge on 29/4/24 and displayed it at night before as I could not find parking space and did not know the rules of the blue badge.
Also my 7 year old son was diagnosed with cancer (leukemia) on 17/3/24 and been in and out of hospital regularly for treatment etc.
I did appeal but was rejected
Please see attached letter
https://ibb.co/wR9L3f8
https://ibb.co/JsPCRKY
Thanks