Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: notpaying on December 02, 2024, 09:29:37 pm
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Camden cancelled the ticket!
Jolly good, well done !
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Camden cancelled the ticket!
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Actually I may as well lodge the appeal and if it is denied then I can get it appealed via Arval and if the appeal is upheld the admin charge is reversed too.
https://www.arval.co.uk/customer-support/fines
Hmmmm.... now do I still challenge and just see how I get on? I completed the form to advise Arval that I will appeal the fine, so let's see.
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Not sure the best way to proceed, beyond just paying the penalty charge.
Given that it will go to the lease company if the appeal is denied and will land +15 however I am tempted to just try in the hope they may be sympathetic towards an error in this case.
I really don't see how a green zone can exist without any clear reference to it, even in the booklet it doesn't direct you anywhere to locate the green badge zone (not when glancing at pg7 anyhow)
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You can't, sorry.
You can only be considered as the 'owner' for enforcement purposes if the registered keeper makes reps to the authority on receipt of a NTO and provides them with the required documents. See 6(2) here:
https://www.legislation.gov.uk/uksi/2022/71/regulation/6/made
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OK one last question, how do I fill this out such that I get the correspondence back to me.
I say that because, the care is on PCH (Contract Hire) and therefore whilst I named under contract I am not the registered keeper and if it goes to the lease company it will incur a £15 handling charge for them to go and fill it to notify them I am the lease holder of the car etc, so would rather fill that in myself and wait for it to come to me or something or another?
I do have the option when I challenge to enter my contact details address / etc but the next page has this.. and I don't know what option to select.
[attachment deleted by admin]
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Looks ok - I would add something about the appointment and location, and also where you came from to get there.
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How does the below fit? (again used a little Copilot to tidy it up)
Dear Sir / Madam,
I am writing to contest the issuance of a Penalty Charge Notice (PCN) number XXXXXXX issued to my vehicle, registration number XXXXX, on XXXXXX.
As a Blue Badge holder, I was under the impression that I could park on a single yellow line without incurring a penalty. On the date in question, I parked my vehicle within what I believed to be the permissible conditions for Blue Badge holders. I am genuinely unsure as to why I have received a ticket, given the clock was set correctly and the blue badge visibly displayed.
I was parked here due to a medical appointment for my son who the blue badge is issued for.
I kindly request that you consider my circumstances and cancel the penalty charge notice issued.
I have attached a copy of my Blue Badge for your reference.
Thank you for your understanding and consideration of my appeal. I look forward to your positive response.
Regards
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Noted. I will reply as you have advised.
I had googled it very quickly and found that guide, but as I was on a mobile device and it made reference to all visual markers I had assumed I was good (no blips on kerb and nothing to indicate a green zone which I stupidly assumed was visually located on / around / near the yellow lines.
I was aware I was parking in Camden when I had arrived at the hospital appointment
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Did you know you were parking in Camden and did you consult anything?
I wouldn't use post-PCN research - just emphasise the medical appointment for a child with a BB (where was appointment?) and say you were puzzled to get the PCN as you believe you parked on the yellow line legally with badge and clock.
This invites them to use discretion.
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How's this...? with a little help from Copilot...
Dear Sir/Madam,
I am writing to contest the issuance of a Penalty Charge Notice (PCN) number XXXXXXX issued to my vehicle, registration number XXXXX, on XXXXXX.
On the date in question, I had a medical appointment for my son, who is a blue badge holder. I inadvertently parked my vehicle on a single yellow line within the Camden during restricted hours in the belief following the instructions per Page 7 of the borough guidance for single yellow parking. I was unaware of the "Green Badge Zone" restrictions in place in this area, as there was no clear signage indicating such restrictions at the location where I parked, the guide on page 7 made reference to all the visual restrictions that can be in place but didn't highlight where to check the green zone boundary. As there was no signage indicating a green zone I had incorrectly assumed it did not apply.
I would like to point out that the lack of visible signage notifying drivers of the "Green Badge Zone" led to this unintentional contravention. Additionally, upon reviewing Camden's own guidance, I found that it did not make clear reference to the Green Badge Zone, and the language used was ambiguous to me. This added to my confusion and contributed to the unintentional contravention.
I am a fairly new user of a blue badge and this is the first incident, which was an honest mistake due to the unclear signage and ambiguous language in the guidance provided by Camden.
I kindly request that you consider my circumstances, the absence of clear signage, and the ambiguous language in Camden's guidance, and cancel the penalty charge notice issued. I have attached photographs of the location where my vehicle was parked, which show the lack of adequate signage.
Thank you for your understanding and consideration of my appeal. I look forward to your positive response.
Regards
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Here's Camden's map. As you can see, half of Cleveland is within the normal' BB area and half not.
https://lbcamden.maps.arcgis.com/apps/webappviewer/index.html?id=fe4728efd2b74a61a82094c1ada620ee
Cleveland is on the border between Camden and Westminster. The latter also does not have 'normal' BB in some zones. Anyway the OP was on the Camden side but could be led to believe was in Westminster depending on what street signs were seen in the vicinity.
https://www.google.com/maps/@51.5228753,-0.1416357,3a,75y,330.66h,75.17t/data=!3m7!1e1!3m5!1stla-KMXvTfsbV6U-VNwyFw!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D14.828007954877648%26panoid%3Dtla-KMXvTfsbV6U-VNwyFw%26yaw%3D330.66472071244976!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MTEyNC4xIKXMDSoASAFQAw%3D%3D
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So this is what caused confusion, looking at page 7 of Camden's guidance, it really doesn't bring clear to the fact there is a green zone and seems to be worded as if you will notice the green zone around said yellow lines - unless I am really looking at it in the wrong way...
Page 7 states "or if the yellow lines are within the
green badge zone"
https://www.camden.gov.uk/documents/20142/3754167/Blue+Badge+parking+guide+1119.pdf/15e72c52-51f4-1baf-7bc4-879984d0dc11
Page 7 makes reference to all the visual indicators - kerb markings, loading bays and so on but does not mention to refer to a green zone - so as it was not signposted I presumed I was in a safe spot.
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Yeah that just makes my head hurt, I think one side of the road is Westminster and the other is Camden - I think.
Does there need to be any signposting or is the responsibility to look up said zones the responsibility of the badge holder? It's far from ideal to look up said zones when you are on a mobile device.
Anyhow will raise a challenge and see how we go.
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Here's Camden's map. As you can see, half of Cleveland is within the normal' BB area and half not.
https://lbcamden.maps.arcgis.com/apps/webappviewer/index.html?id=fe4728efd2b74a61a82094c1ada620ee
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I believe this was Camden, hence the Camden PCN. Same with the signage around me for the bays (that were occupied)
I will make reps based on it being an honest mistake / not knowing the rules for that area of the borough.
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I wanted to check what side of the road you were on and it is the Camden side (but note that Westminster also has a disabled badge scheme with different rules).
There is no need to blank the vehicle VRM. If the case went to the tribunal your name and the VRM are public records.
I think you are best making a polite challenge asking why you got the PCN as you thought you'd parked lawfully and add what you were doing.
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I did get the Booklet however the booklet pertains to my local borough if I recall and not the one I was visiting.
These government publications are for England, Wales and Scotland as applicable and each specifies the BB limitation in 'parts of central London'.
https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england#places-you-need-to-check-before-parking
https://www.gov.wales/blue-badge-scheme-rights-and-responsibilities-wales-html#83533
Councils' info reference the BB 'Rights..' leaflet for the country concerned.
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Remaining 3 images.
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Council pics below / attached.
Edited any identifying details per the recommendation from Pepipoo days.
The yellow line markings on the edited photos is Gen AI trying to recreate the image, it's just the removal of the time stamp and single yellow lines.
Can be disregarded.
[attachment deleted by admin]
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Post the council's pics.
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What are the PCN number and car VRM.
Can I send this directly to you via DM?
Is there anything further I need to post onto the thread? Images etc.
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OP, if one has a BB then one would have also received a booklet detailing its use. For our resident in Wick this would be:
https://www.mygov.scot/binaries/mygov/browse/driving-transport/park-permit/apply-blue-badge/documents-blue-badge/the-blue-badge-scheme-rights-and-responsibilities/Rights+and+Responsibilities+of+a+Blue+Badge+holder.pdf
See page 19.
I did get the Booklet however the booklet pertains to my local borough if I recall and not the one I was visiting.
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What are the PCN number and car VRM.
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OP, if one has a BB then one would have also received a booklet detailing its use. For our resident in Wick this would be:
https://www.mygov.scot/binaries/mygov/browse/driving-transport/park-permit/apply-blue-badge/documents-blue-badge/the-blue-badge-scheme-rights-and-responsibilities/Rights+and+Responsibilities+of+a+Blue+Badge+holder.pdf
See page 19.
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Yep, hence my desire to appeal this due to simply not knowing. I looked it up on their blue badge PDF, even on their guide they mention it in a vague way
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So if a BB holder living in Wick drives down to visit his cousin living in Camden after a 30 year absence, how the hell does he know he is in a Green Zone ?
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PCN attached. Scrubbed what’s identifiable.
[attachment deleted by admin]
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Oh that’s almost certainly the case. And I had no idea of this green zone. Nor is it signposted at all.
Is this a case of just suck it up and pay up? Or are there grounds on the basis of not knowing about this green zone.
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I can say that Camden is one of the boroughs that has a separate disabled badge scheme - green badge - in an area and Cleveland Street is on the boundary.
Guessing this is the issue.
https://www.arcgis.com/apps/webappviewer/index.html?id=fe4728efd2b74a61a82094c1ada620ee
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Hey everyone,
I used to be over on Pepipoo, but understand that it’s closed now but most of the amazing folks from there are now here.
I parked in Camden on a yellow line displaying my son’s disabled badge and landed a PCN. >:(
We didn’t obstruct any loading / dropped kerbs and the clock was correctly set.
The details of the PCN are:
Street: Cleveland Street
Contravention Type: single yellow
Contravention Code: 01
Contravention: Parked in a restricted street during prescribed hours
I’ll update shortly with images.