Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Matty88 on December 14, 2024, 08:02:25 pm

Title: Re: Solihull Council. Code 40. Parked in Disabled Bay not Displaying Badge. A34 Service Road.
Post by: Incandescent on December 26, 2024, 08:12:46 pm
It is virtually common practice amongst most councils to follow the Statutory Guidance that recommends councils re-offer the discount when rejecting informal reps. Newham, a typical venal and rapacious London council has decided not to re-offer the discount. So far this decision has not been challenged at adjudication.

I expect Solihull will re-offer the discount. Of course if they don't they make a rod for their own back because it then becomes a total no-brainer for the PCN recipient to take them all the way to adjudication. This means they have to pay the adjudication fee and have the hassle of preparing an evidence pack.
Title: Re: Solihull Council. Code 40. Parked in Disabled Bay not Displaying Badge. A34 Service Road.
Post by: Matty88 on December 26, 2024, 07:50:57 pm
Still not heard anything back from the informal challenge I made. My 14 days is up tomorrow. Am i right in thinking that if my challenge is rejected they will re-offer the 50% discount?

I did screenshot the confirmation of the challenge I made, so have that if needed.

Thanks.
Title: Re: Solihull Council. Code 40. Parked in Disabled Bay not Displaying Badge. A34 Service Road.
Post by: Matty88 on December 15, 2024, 09:25:45 pm
Thanks for your help. I have made the informal challenge, lets see what happens. Will report back. Thank you
Title: Re: Solihull Council. Code 40. Parked in Disabled Bay not Displaying Badge. A34 Service Road.
Post by: Incandescent on December 15, 2024, 12:46:41 am
There is a sign for the bay: -
https://maps.app.goo.gl/rZMp8dWdWxBrGCa4A
This is GSV for August 2022

As your father, a BB holder was in the car with you, then I suggest you write in to say you did not spot the 'disabled' sign but your father was in the car with you and is a BB holder, therefore the bay was used for its intended purpose even though no BB was displayed. Include photos of his BB.
Title: Solihull Council. Code 40. Parked in Disabled Bay not Displaying Badge. A34 Service Road.
Post by: Matty88 on December 14, 2024, 08:02:25 pm
Hello Everybody...I need some help please. I parked outside some shops to run a couple of errands. Its pay and display but the first hour is free. Got my free ticket and displayed it. When I came back I found the dreaded ticket stuck to the windscreen. I honestly didn't realise it was a disabled bay. In my opinion its poorly marked. I'm sure it should have a sign rather than just the very poor floor marking. Annoyingly I had my Dad in the car who has a blue badge but as I say I didn't realise it was a disabled bay.

The location is here: Link to Map (https://maps.app.goo.gl/rF7P8qPrS9EabcMh7)

This is the PCN:
(https://i.imgur.com/xsRgJbA.jpeg)
(https://i.imgur.com/b7VTDOC.jpeg)

Free ticket:
(https://i.imgur.com/HdTA6pF.png)

This is the view from my dashcam as I was driving into the bay.
(https://i.imgur.com/BqtsW0d.png)

I'm sure it should have a sign on the bollard as you pull in:
(https://i.imgur.com/ifXF3tt.jpeg)


Only after I returned to the vehicle and spotted the ticket on the window did i see the floor marking.
(https://i.imgur.com/7g6gLkv.jpeg)


Please help, I wouldn't mind if it knew it was a disabled bay but I had no idea at the time. Have I got a leg to stand on?