Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Grobsi on January 09, 2025, 10:16:12 am
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As I said there isn't a yes nor no about whether unlimited BB parking is allowed in this 30 min bay so if I were you I'd ask the parking department what's what.
I would also check with Trafford on the status of the PCN as not making reps to an NTO is fatal.
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@stamfordman
I think that there probably is an allowance to park at this location. In the Blue Badge Handbook it specifically states:
Place - On-street parking areas where all motorists can park for free but only for a limited time
Conditions - Badge holders may park for free and generally without a time limit. However, if signs show there is also a time limit for badge holders, you must comply with the time limit shown and display your parking clock set to show the quarter hour period when you arrived at the bay.
There was no time limit for blue badge holders.
However, there has been a development. I went into the PCN online to make an appeal as per HC Andersen and have found that there is no facility to do so. When I click on the 'Payment' button I am greeted with the message:
'There is no outstanding charge for this Penalty Charge Notice.'
I assume that I should just keep a screenshot and file it until further notice?
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Yes it's the wrong contravention - the CEO just got this wrong.
OP - do you think the blue badge gives exemption from the 30 minute bay time limit? Trafford doesn't say yes or no as the site info doesn't reference this type of bay:
Blue Badge parking on-street
Blue Badge users can park for free in designated disabled bays. Some of these bays have a time limit which will be displayed on adjacent signs.
Badge users can also park for free in Pay and Display bays on-street.
There is no parking exemption for Blue Badge holders where signs show the area is restricted to permit holders. There is also no exemption in a permit bay where the signs state parking is also allowed for a limited time.
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I wasn't going to refer to the BB because it's not really germane to the contravention and might start them off on BB shows 12.15/12.30 and 13.15 is more than 30 minutes evn allowing for 10 minutes' grace etc..
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Even it was a yellow line the badge and clock seems to be correct surely for the PCN time.
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parking area...
Exactly. It's a parking place which could NOT as a matter of law give rise to a 'waiting' contravention. I suspect the CEO pressed the wrong button.
Dear Sir,
The contravention grounds alleged relate to a 'waiting' restriction. However,
as you can see from the council's evidence and my photo* the car was wholly parked in a parking bay with the following restriction:
Parking: Mon-Sat 9am-6pm, 30 minutes, No Return within 1 hour'.
There is no suggestion on the sign or conveyed by a single yellow line road marking within the parking bay that the location is anything other than a simple parking place. It therefore follows that the contravention, which is predicated on there being a waiting restriction, did not occur.
Hugs....
*-You could use a GSV snapshot if this is still correct or take a photo.
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This matter apparently occured on 6 November 2024 outside my wife's hairdresser. She has used this parking area every 6 weeks or so for over 20 years with the help of a blue badge. The google location is here:
https://maps.app.goo.gl/hHPFhry2o45Mt4AL7
Council photos show ticket affixed to car and blue badge correctly displayed as her hair appointment was 12 noon:
https://imgur.com/a/TzABAN8
The ticket was not on the vehicle when my wife returned and the first notification is because we have received the notice to owner dated 7 January 2025:
https://imgur.com/a/9xzdpX4
I have a question as to whether any contravention has occured. If it has, then could someone look at the matter to see if there is any issues with the NTO. Thanks