Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: AnnePN on March 05, 2025, 10:13:07 am
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A good result.
(https://i.imgur.com/lxH0kwD.jpeg)
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Thank you for the help received it's a successful appeal!
Adjudicator's Decision
PCN QJ4125144A
XXX, you have won this appeal.
There is nothing to pay and the authority will cancel the penalty charge
Adjudicators reasons in image
https://imgur.com/a/ERTwa6F (https://imgur.com/a/ERTwa6F)
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Yes, upload your appeal.
We recommend personal hearing.
As you have a case registered you must comply with TPT's procedural requirements.
So sorry to post again, I was just looking through the evidence submitted by LCC
The informal challenge was made by the driver of the vehicle and blue badge holder
The formal rep after to NTO was started on 24/5/25 by the driver not the Vehicle owner but it was kindly pointed out that the formal rep had to be made by the owner, so separate formal rep file was started but some of the initial details were carried over ie the rep states that 'driver was the selected choice' see photo. Will this cause a problem with the proceedings?
https://imgur.com/a/3eI4XxD
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Yes, upload your appeal.
We recommend personal hearing.
As you have a case registered you must comply with TPT's procedural requirements.
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The adjudicator knows the Traffic Signs etc. Regs, the reference is there just for completeness. IMO, you don't need to cut and paste into your appeal nor provide a link, just refer.
Thank you for your help, shall I post my evidence now to expedite matters?
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The adjudicator knows the Traffic Signs etc. Regs, the reference is there just for completeness. IMO, you don't need to cut and paste into your appeal nor provide a link, just refer.
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I refer the adjudicator to section 107 of the authority's Traffic Order, the effect of which is to draw attention to the regulatory burden placed upon the traffic authority by the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, as follows:
Set out 107 (a) and (b).
As I understand the authority's position, they assert that I contravened the Order provision in Section 6 regarding a requirement to display 'a parking disc on the vehicle in the relevant position'. I assert that the traffic sign displayed - see *** in the authority's evidence- conveys no such requirement, thus placing the council in contravention of its own Order. In this regard, I refer the adjudicator to the Sign Tables at Parts 4 and 5 of Schedule 4 to the Traffic Signs etc. Regs which, I submit, place no such requirement upon Disabled Badge holders to display a 'parking disc' when parked in a parking place.
In short:
I accept that parking in the bay was time-limited;
I was not parked beyond the time allowed - indeed, this has not been alleged by the authority;
The authority may enforce the provision in their Order but not by ascribing an unregulated meaning to a prescribed traffic sign, but by actual observation - which did not occur in this case.
Thank you
Sorry my links seem to have gone wrong here is a link to Imgur showing road sign plus maps included in LCC evidence
https://imgur.com/a/NH8D4sK
(https://imgur.com/a/NH8D4sK)
Schedule 4 to the Traffic Signs please refer to t Parts 4 and 5
https://www.legislation.gov.uk/uksi/2016/362/schedule/4 (https://www.legislation.gov.uk/uksi/2016/362/schedule/4)
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I refer the adjudicator to section 107 of the authority's Traffic Order, the effect of which is to draw attention to the regulatory burden placed upon the traffic authority by the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, as follows:
Set out 107 (a) and (b).
As I understand the authority's position, they assert that I contravened the Order provision in Section 6 regarding a requirement to display 'a parking disc on the vehicle in the relevant position'. I assert that the traffic sign displayed - see *** in the authority's evidence- conveys no such requirement, thus placing the council in contravention of its own Order. In this regard, I refer the adjudicator to the Sign Tables at Parts 4 and 5 of Schedule 4 to the Traffic Signs etc. Regs which, I submit, place no such requirement upon Disabled Badge holders to display a 'parking disc' when parked in a parking place.
In short:
I accept that parking in the bay was time-limited;
I was not parked beyond the time allowed - indeed, this has not been alleged by the authority;
The authority may enforce the provision in their Order but not by ascribing an unregulated meaning to a prescribed traffic sign, but by actual observation - which did not occur in this case.
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Next Steps
View the evidence below
You are able to add comments should you wish.
Select your decision option
If you do not select either option by 17/06/2025 your case will go to the adjudicator to decide.
LCC has uploaded their evidence which in addition to the other items already seen has three additional items their TRO location of vehicle and a TRO/Schedule
https://tro.trafficpenaltytribunal.gov.uk/TRO/Lincolnshire/QJ01.pdf (https://tro.trafficpenaltytribunal.gov.uk/TRO/Lincolnshire/QJ01.pdf)
https://tpt-production-eu-west-2.s3-eu-west-2.amazonaws.com/production/uploads/attachment/source/d11e1bb3-2f7c-4608-a3c4-e61b216e9d48/SKEGNESS%20-%20TF565630.pdf?X-Amz-Expires=600&X-Amz-Date=20250610T144823Z&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Credential=AKIASYVCW657A65E72EO/20250610/eu-west-2/s3/aws4_request&X-Amz-SignedHeaders=host&X-Amz-Signature=de5d975b964754bcaf34015d261fe23e52550e24d091a9930c49d126c174cd70[/url
[url=https://imgur.com/a/vkFMaqe]https://imgur.com/a/vkFMaqe (https://tpt-production-eu-west-2.s3-eu-west-2.amazonaws.com/production/uploads/attachment/source/d11e1bb3-2f7c-4608-a3c4-e61b216e9d48/SKEGNESS%20-%20TF565630.pdf?X-Amz-Expires=600&X-Amz-Date=20250610T144823Z&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Credential=AKIASYVCW657A65E72EO/20250610/eu-west-2/s3/aws4_request&X-Amz-SignedHeaders=host&X-Amz-Signature=de5d975b964754bcaf34015d261fe23e52550e24d091a9930c49d126c174cd70)
I look forward to advice as to the way forward with this PCN please
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See what others say, but I'd advise waiting for the council to upload their evidence as there's a good chance they will actually now read their own TRO, realise they will lose and decide not to contest.
If they do decide to continue and upload evidence, it will include the TRO that they think applies and you'll be better placed to flesh out your case once you've seen that.
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Is the Notice of Rejection addressed to your daughter?
The draft is repetitive (because suggested input has been taken verbatim, even to the point of including what were intended only as editorial comments, for example - but the authority have to find smarter and LEGAL means to discover how long a vehicle has been parked and not crudely import the requirement which exists only on yellow lines) and needs to be consolidated.
The Procedural Impropriety issues need to be fleshed out which isn't a problem.
Let's call the draft rough and refine it, there's plenty of time.
Get the appeal registered by the entitled person first.
Your appeal to the Traffic Penalty Tribunal has now been registered and the Authority that issued the Penalty Charge Notice(s) has confirmed details of the case.
What happens now?
The Authority will decide whether or not to contest your appeal within 14 days.
If the Authority decides not to contest your appeal, you will be notified that your appeal has been allowed and will have nothing to pay.
If the Authority decides to contest your appeal, it will upload any evidence it has to support its case against you to your online case file.
The Traffic Penalty Tribunal will then ask you to log-in to view and (if you choose) respond to the Authority’s evidence, before indicating whether:
you would like your case to be passed straight to an independent
Traffic Penalty Tribunal Adjudicator for a decision
OR
you would like a hearing with an Adjudicator to explain your case further, either by telephone or video. The Authority may also be present during this hearing.
Please note: If you do not choose either of the above options when prompted, an Adjudicator will go ahead and decide the case without a hearing.
How can I keep track of what is happening with my case?
You can log-in at any point to view your online case file.
Use the URL below to log-in to your case now:
https://foam.trafficpenaltytribunal.xxxxxxxxxxxxxxxxxxxxxxxxxx
Please note: If the above text does not appear as a link, copy and paste it into your web browser to view it
If you have any queries, please do not hesitate to contact our Customer Liaison team by message or Live Chat within your online case file, or by using the number below.
Traffic Penalty Tribunal
Freephone: 0800 160
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I have not uploaded any evidence only the following
Grounds of Appeal:
The alleged parking contravention did not occur.
The authority made a procedural error.
Explanation:
Contravention did not occur;
In order for a council to meet its legal burden it must:
Have made an order one of whose provisions requires the display of a 'parking disc' in a specified position, and
Conveyed this requirement in the 'traffic sign' situated within or in the vicinity of the parking place.
'Traffic signs' must by law be either:
Of a form prescribed under regulations, or
As authorised or directed by the Secretary of State.
The traffic sign in question is of the prescribed form which does NOT include a requirement to display a clock.
The parking place may be time limited by order, but the requirement to display a clock exists in law only when parked on yellow lines.
As regards Procedure error, Notice of Rejection fails as follows:
To advise me of my rights of appeal;
To advise me correctly of the adjudicator's power to award costs;
So do I need to put some evidence together now for LCC to consider?
Thanks for your help so far
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Is the Notice of Rejection addressed to your daughter?
The draft is repetitive (because suggested input has been taken verbatim, even to the point of including what were intended only as editorial comments, for example - but the authority have to find smarter and LEGAL means to discover how long a vehicle has been parked and not crudely import the requirement which exists only on yellow lines) and needs to be consolidated.
The Procedural Impropriety issues need to be fleshed out which isn't a problem.
Let's call the draft rough and refine it, there's plenty of time.
Get the appeal registered by the entitled person first.
Appeal lodged by my daughter
Case number QJ00023-2505 Acknowledgement
Explanation
Contravention did not occur;
In order for a council to meet its legal burden it must: Have made an order one of whose provisions requires the display of a 'parking disc' in a specified position, and Conveyed this requirement in the 'traffic sign' situated within or in the vicinity of the parking place. 'Traffic signs' must by law be either: Of a form prescribed under regulations, or As authorised or directed by the Secretary of State. The traffic sign in question is of the prescribed form which does NOT include a requirement to display a clock. The parking place may be time limited by order, but the requirement to display a clock exists in law only when parked on yellow lines.
As regards Procedure error, Notice of Rejection fails as follows:
To advise me of my rights of appeal; To advise me correctly of the adjudicator's power to award costs;
Read less
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Is the Notice of Rejection addressed to your daughter?
The draft is repetitive (because suggested input has been taken verbatim, even to the point of including what were intended only as editorial comments, for example - but the authority have to find smarter and LEGAL means to discover how long a vehicle has been parked and not crudely import the requirement which exists only on yellow lines) and needs to be consolidated.
The Procedural Impropriety issues need to be fleshed out which isn't a problem.
Let's call the draft rough and refine it, there's plenty of time.
Get the appeal registered by the entitled person first.
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I am the owner of the blue badge driving my daughters’ vehicle
Pl explain.
Only the person named on the NTO and Notice of Rejection may appeal in their own right. This is the registered keeper in this case.
My apologies, the appeal has been started again from my daughter as follows.
Contravention did not occur;
Contravention...
In order for a council to meet its legal burden it must:
Have made an order one of whose provisions requires the display of a 'parking disc' in a specified position, and
Conveyed this requirement in the 'traffic sign' situated within or in the vicinity of the parking place.
'Traffic signs' must by law be either:
Of a form prescribed under regulations, or
As authorised or directed by the Secretary of State.
The traffic sign in question is of the prescribed form which does NOT include a requirement to display a clock.
The parking place may be time limited by order, but the authority have to find smarter and LEGAL means to discover how long a vehicle has been parked and not crudely import the requirement which exists only on yellow lines.
Procedural error.
As regards Procedure error, Notice of Rejection fails as follows:
To advise me of my rights of appeal;
To advise me correctly of the adjudicator's power to award costs;
The vehicle was parked in a disabled bay and a valid Blue Badge placed on the dashboard together with a clock which is clearly displayed from the windscreen as shown in CEO's photographs.
The holder of the blue badge was parked for less than 15 minutes from 9.12am to 9.22 They had an appointment at 9am at Boots opticians in the Hildreds Centre Skegness, the journey to the appointment was delayed because they called at an egg distribution centre to collect eggs for the local food bank on the way to Skegness and there was a problem there. They arrived on Lumley Road Skegness at 9.12, parked in the disabled parking bay and displayed the blue badge and clock. they were unable to see the optician and were given another appointment for Saturday 8 March (photos of text confirmation of appointment's attached)
They returned to the vehicle to see the CEO placing the PCN on the car, they couldn’t understand why they were getting the PCN the CEO pointed out that the time on the clock was 10 am and it was only 9.22. He had only observed the vehicle for 1 minute before he issued the PCN the driver arrived as the CEO was placing the paperwork in the sticky envelope. It would appear that they did not display the parking clock with the arrival time of 9.15am correctly as they were in a rush to attend the appointment they may have caught the clock and accidentally moved the time that was showing. However, according to the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000, using a clock is not a requirement when parking in a disabled bay.
I am making representations against this PCN on the grounds that the penalty exceeds the amount applicable in the circumstances of the case. My detailed reasons are set out below, but before going into these I would add by way of background that the car was parked in the bay, displayed a blue badge and was stationary for less than 30 minutes. They displayed the parking clock out of habit rather than by virtue of any legal obligation. The other parking bays on Lumley Road have free parking with a limit of 30 minutes or unlimited for Blue Badge holders.
I understand that the County Council's traffic order requires a parking disc to be displayed in this bay in addition to a blue badge being displayed in the prescribed manner. However, the contravention grounds state that I was parked without displaying a disabled badge in the prescribed manner and do not refer to the parking disc despite this being the only issue between us. What the authority are attempting to do is to broaden the specified contravention grounds which refer only to a Blue Badge to include a parking disc.
This is not lawful because the grounds include two terms defined in legislation, namely disabled badge holder and badge displayed in the prescribed manner, and amending these for the council's own purposes is not permitted. That the TRO requires a parking clock is not at issue, the council's problem is how they may enforce this within the limits set by legislation and the Secretary of State's Statutory Guidance, and using this contravention description is not an option.
In addition, there is no requirement to display a parking clock stated on the traffic sign and this is because the sign used is of the form specified by Ministers in the Traffic Signs etc. Regulations and therefore compliant with the council's LATOR duties. However, for the same reasons as above it does not lie with the council to use this sign to convey a different bespoke restriction i.e. that because you have placed a time limit on use of the bay this necessarily conveys an additional, non-prescribed, meaning namely that a parking clock must be displayed in the same manner as applies to yellow line waiting restrictions.
I have included attachments to two cases of a similar nature namely Mr William Watson - v - St Helens Council and Miss Michelle Dhillon - v - Leicester City Council.
There is also an Equality Act issue that the Council has a duty to consider. Regular limited waiting bays don't require the display of a parking disc clock. By making disabled people set and display a clock is treating them different to able bodied people who park in a regular limited waiting bay and it creates a situation where disabled people have a higher chance of making an error such as the clock falling off or being set incorrectly. Timings should be based on CEO observations the same as a regular limited waiting bay. There is no need to give the disabled the extra burden of setting and displaying a clock. I believe that the Council is unlawfully treating disabled people differently from able bodied people and I ask you to reconsider your approach to disabled badge holders only limited waiting parking places.
Attachments
Blue badge
Boots text of initial appointment
Boots text of rearranged appointment with date and time
Mr William Watson - v - St Helens Council
Miss Michelle Dhillon - v - Leicester City Council.
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I am the owner of the blue badge driving my daughters’ vehicle
Pl explain.
Only the person named on the NTO and Notice of Rejection may appeal in their own right. This is the registered keeper in this case.
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options for this to be dealt with purely online
As I understand it, you can opt EITHER for a personal hearing, which is carried out by telephone or online video-link
OR for a decision on papers, where the adjudicator will decide on the written evidence provided by the parties either by post or online.
We always advise appealing via a personal hearing, as it gives the appellant the chance to answer any questions the adjudicator may have, or to raise a particular point(s).
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Good morning I have registered on the appeal site but I would like to know if my post above is sufficient for the evidence please? Should I reference the cases
William Watson v St Helens Metropolitan Council
Miss Michelle Dhillon - v - Leicester City Council
I understand there are options for this to be dealt with purely online which is the one that I will request.
I would like to complete the appeal process as soon as I can but would like to ensure that I give the best evidence possible.
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Register your appeal.
Thank you, do I copy exactly what you have said as my evidence on the appeal together with my explanation of the circumstances as below?
Contravention did not occur;
Procedural error.
Contravention...
In order for a council to meet its legal burden it must:
Have made an order one of whose provisions requires the display of a 'parking disc' in a specified position, and
Conveyed this requirement in the 'traffic sign' situated within or in the vicinity of the parking place.
'Traffic signs' must by law be either:
Of a form prescribed under regulations, or
As authorised or directed by the Secretary of State.
The traffic sign in question is of the prescribed form which does NOT include a requirement to display a clock.
The parking place may be time limited by order, but the authority have to find smarter and LEGAL means to discover how long a vehicle has been parked and not crudely import the requirement which exists only on yellow lines.
As regards Procedure error, Notice of Rejection fails as follows:
To advise me of my rights of appeal;
To advise me correctly of the adjudicator's power to award costs;
I am the owner of the blue badge driving my daughters’ vehicle. I parked on a disabled bay and I displayed my valid Blue Badge which is clearly displayed from the windscreen as shown in CEO's photographs.
I was parked for less than 15 minutes from 9.12am to 9.22 I had an appointment at 9am at Boots opticians in the Hildreds Centre Skegness, my journey to the appointment was delayed because I called at an egg distribution centre to collect eggs for the local food bank on my way to Skegness and there was a problem there. I arrived on Lumley Road Skegness at 9.12, parked in the disabled parking bay and displayed my blue badge and clock. I was unable to see the optician and I was given another appointment for Saturday 8 March (photos of text confirmation of appointmentments attached)
I returned to my vehicle to see the CEO placing the PCN on my car, I was shocked as I couldn’t understand why I was getting the PCN he pointed out that the time on my clock was 10 am and it was only 9.22. He had only observed my vehicle for 1 minute before he issued the PCN I arrived as he was placing the paperwork in the sticky envelope. It would appear that I did not display my parking clock with the arrival time of 9.15am correctly or accidentally moved the clock as I placed it in the windscreen as I was in a rush to attend the appointment.
Regulations 11 and 12 of the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000 sets out the requirements for the display of a Blue Badge. There is no reference in the Regulations to a parking clock or disc.
The only reference to a disc or clock is in the Local Authorities Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 where it must be displayed in circumstances where the display of the badge provides an exemption from a yellow line waiting restriction (see Regulation 8 ).
Therefore, no contravention has occured I request that the PCN be cancelled.
Evidence
Blue Badge
Boots text appt 4 March
Boots text change of appt sent 9.17 4 March
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Register your appeal.
Contravention did not occur;
Procedural impropriety.
Contravention...
In order for a council to meet its legal burden it must:
Have made an order one of whose provisions requires the display of a 'parking disc' in a specified position, and
Conveyed this requirement in the 'traffic sign' situated within or in the vicinity of the parking place.
'Traffic signs' must by law be either:
Of a form prescribed under regulations, or
As authorised or directed by the Secretary of State.
The traffic sign in question is of the prescribed form which does NOT include a requirement to display a clock.
The parking place may be time limited by order, but the authority have to find smarter and LEGAL means to discover how long a vehicle has been parked and not crudely import the requirement which exists only on yellow lines.
As regards PI, IMO the NOR fails as follows:
To advise you of your rights of appeal;
To advise you correctly of the adjudicator's power to award costs;
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No discount so yes you have nothing to lose by appealing.
They are relying on their traffic order. I'll look at this later and hopefully HC Andersen will too.
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Good morning,
LCC have rejected the representation so it looks like this will have to go to appeal
Q1 My daughter will be nominating me to take this forward to appeal, please advise what needs to be done for this to happen
Q2 What do I need to do to prepare the appeal documents please?
Thank you
This is my letter of rejection from LCC
https://imgur.com/bJzMJop (https://imgur.com/bJzMJop)
https://imgur.com/pJqudEX (https://imgur.com/pJqudEX)
https://imgur.com/c4a3dET (https://imgur.com/c4a3dET)
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Your daughter can authorise you to act on her behalf but this must be stated to the council otherwise they can ignore the reps.
I would include this:
But I must now hold you to the law on your assertion that the clock is required, as you state "these rules are set by central government".
I repeat the points of my challenge below, and I request you quote the regulation you rely on as my understanding is that the only such requirement is for an exemption to a yellow line waiting restriction.
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Thank you @HCAnderson and @stamfordman
I have accessed the LCC website.
https://imgur.com/a/c4KouLU (https://imgur.com/a/c4KouLU)
Would my daughter be able to authorise me to represent her at appeal if so then there would not be a problem. Not having experienced A PCN prior to this I was not familiar with the fact that the owner and not the driver had to make representations. I don’t like to take up her time in addition to the help she provides for me on a day to day basis
Am I using the reason - The relevant traffic regulation order (TRO) is invalid? Or on the grounds that the penalty exceeded the amount applicable in the circumstances
This is my draft representation that I have prepared for my daughter to submit. Thank you for taking the time to assist me in this submission
Do I include the copy of text message from Boots and the blue badge also please?
++++++++
I am disappointed to receive your rejection of my informal challenge given I clearly explained the driver used the bay for far less than 3 hours and made an honest error with the clock. The driver was my mother who has a blue badge and she parked in the bay for only about 15 minutes.
The vehicle was parked in a disabled bay and a valid Blue Badge placed on the dashboard together with a clock which is clearly displayed from the windscreen as shown in CEO's photographs.
The holder of the blue badge was parked for less than 15 minutes from 9.12am to 9.22 They had an appointment at 9am at Boots opticians in the Hildreds Centre Skegness, the journey to the appointment was delayed because they called at an egg distribution centre to collect eggs for the local food bank on the way to Skegness and there was a problem there. They arrived on Lumley Road Skegness at 9.12, parked in the disabled parking bay and displayed the blue badge and clock. they were unable to see the optician and were given another appointment for Saturday 8 March (photos of text confirmation of appointment's attached)
They returned to the vehicle to see the CEO placing the PCN on the car, they couldn’t understand why they were getting the PCN the CEO pointed out that the time on the clock was 10 am and it was only 9.22. He had only observed the vehicle for 1 minute before he issued the PCN the driver arrived as the CEO was placing the paperwork in the sticky envelope. It would appear that they did not display the parking clock with the arrival time of 9.15am correctly as they were in a rush to attend the appointment they may have caught the clock and accidentally moved the time that was showing. However, according to the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000, using a clock is not a requirement when parking in a disabled bay.
I am making representations against this PCN on the grounds that the penalty exceeds the amount applicable in the circumstances of the case. My detailed reasons are set out below, but before going into these I would add by way of background that the car was parked in the bay, displayed a blue badge and was stationary for less than 30 minutes. They displayed the parking clock out of habit rather than by virtue of any legal obligation. The other parking bays on Lumley Road have free parking with a limit of 30 minutes or unlimited for Blue Badge holders.
I understand that the County Council's traffic order requires a parking disc to be displayed in this bay in addition to a blue badge being displayed in the prescribed manner. However, the contravention grounds state that I was parked without displaying a disabled badge in the prescribed manner and do not refer to the parking disc despite this being the only issue between us. What the authority are attempting to do is to broaden the specified contravention grounds which refer only to a Blue Badge to include a parking disc. This is not lawful because the grounds include two terms defined in legislation, namely disabled badge holder and badge displayed in the prescribed manner, and amending these for the council's own purposes is not permitted. That the TRO requires a parking clock is not at issue, the council's problem is how they may enforce this within the limits set by legislation and the Secretary of State's Statutory Guidance, and using this contravention description is not an option.
In addition, there is no requirement to display a parking clock stated on the traffic sign and this is because the sign used is of the form specified by Ministers in the Traffic Signs etc. Regulations and therefore compliant with the council's LATOR duties. However, for the same reasons as above it does not lie with the council to use this sign to convey a different bespoke restriction i.e. that because you have placed a time limit on use of the bay this necessarily conveys an additional, non-prescribed, meaning namely that a parking clock must be displayed in the same manner as applies to yellow line waiting restrictions.
I have included attachments to two cases of a similar nature namely Mr William Watson - v - St Helens Council and Miss Michelle Dhillon - v - Leicester City Council.
There is also an Equality Act issue that the Council has a duty to consider. Regular limited waiting bays don't require the display of a parking disc clock. By making disabled people set and display a clock is treating them different to able bodied people who park in a regular limited waiting bay and it creates a situation where disabled people have a higher chance of making an error such as the clock falling off or being set incorrectly. Timings should be based on CEO observations the same as a regular limited waiting bay. There is no need to give the disabled the extra burden of setting and displaying a clock. I believe that the Council is unlawfully treating disabled people differently from able bodied people and I ask you to reconsider your approach to disabled badge holders only limited waiting parking places.
Items below will be added as attachments to the email
William Watson v St Helens Metropolitan Council
Miss Michelle Dhillon - v - Leicester City Council
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You need to adjust it as reps come from the owner/keeper. I don't think you said in the first challenge who the driver was - it's best to mention a personal relationship and humanise things as much as possible.
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I am disappointed to receive your rejection of my informal challenge given I clearly explained the driver used the bay for far less than 3 hours and made an honest error with the clock. The driver was my mother who has a blue badge and she parked in the bay for only about 15 minutes.
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The council's position, although incorrect, is no doubt embedded. It's received wisdom(or lack of) as opposed to proper analysis.
But there you are. They're judges in their own cause until adjudication..and you've been given two notable decisions on this point.
Incandescent tried to set your mind at rest (reply #13 I think) as regards the straightforward nature of 'hearings'..by telephone or video, probably 15 minutes, but your last post suggested that you might be minded to pay if the reps are rejected. Let's hope that you can be guided on this.
Anyway, the only thing I could add to your draft is that the authority's position is predicated on the booklet 'Rights and Responsibilities....*'. However, as the publication makes clear, this is guidance and that as regards interpretation legislation takes precedence, and you have supplied this in your** representations.
Looking at dates: NTO issued 9 April; deemed served 11th(day 1); 28-day period ends 8 May. Reps may be made online, so you have a couple of days.
*- I couldn't get their link to work, was it the same for you?
**- your daughter's.
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@stamfordman your advice is very much appreciated. I hope that the PCN can be cancelled at this stage as I could not expect my daughter to take the process any further if she had to take time off work to represent me in an appeal
I will wait till the end of today give her all the information to email to LCC in case anyone else takes a look today and adds info
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Sorry I've not got much time.
I would start off by saying:
I am disappointed to receive your rejection of informal challenge given I clearly explained I used the bay for far less than 3 hours and made an honest error with the clock.
But I must now hold you to the law on your assertion that the clock is required, as you state "these rules are set by central government".
I repeat the points of my challenge below, and I request you quote the regulation you rely on.
etc.
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If HC Andersen doesn't do something I'll look at this tomorrow.
Thank you @stamfordman could you take a look please?
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If HC Andersen doesn't do something I'll look at this tomorrow.
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Good morning,
The NTO representation needs to be received by LCC by 7 May. As I was the driver but my daughter the owner, I have said that I would compose the reps for her.
The V5c document is in order with the correct address. Details of the NTO and my reps are above.
I apologise if I am seem to be inpatient but it’s difficult to know if my reps are getting consideration by anyone
Thank you
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Good afternoon @Enceladus thank you for your reply. The notice to owner was posted above on 10 April reply #16
I am sorry if the posts have got out of sequence
My daughter is the owner and is aware of the PCN, the V5c documents are all in order with her name and address which is where the NTO was sent, I am preparing the representation for her.
Thank you for your assistance
The owner of the vehicle has received Notice to owner PCN QJ4125144A I was the driver but not the owner
This is what has been received
I look forward to directions as to my next action. Thank you
https://imgur.com/DLnRFYD (https://imgur.com/DLnRFYD)
https://imgur.com/SZaeH5Q (https://imgur.com/SZaeH5Q)
https://imgur.com/zvpvpGi
https://imgur.com/He2C8Np
https://imgur.com/74dq0PI
https://imgur.com/nPahJGN
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Have you received the Notice to Owner yet? If yes, then please post it up.
And have you checked the V5c registration document for the car? Is it in your name and is the address correct?
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Sorry I cannot find how to edit a post I wanted to add the links at the bottom and the legislation how a badge is to be displayed.
This is the representation that I have prepared for my daughter to submit. Thank you for taking the time to assist me in this submission
Do I include the copy of text message from Boots and the blue badge also please?
The vehicle was parked in a disabled bay and a valid Blue Badge placed on the dashboard together with a clock which is clearly displayed from the windscreen as shown in CEO's photographs.
The holder of the blue badge was parked for less than 15 minutes from 9.12am to 9.22 They had an appointment at 9am at Boots opticians in the Hildreds Centre Skegness, the journey to the appointment was delayed because they called at an egg distribution centre to collect eggs for the local food bank on the way to Skegness and there was a problem there. They arrived on Lumley Road Skegness at 9.12, parked in the disabled parking bay and displayed the blue badge and clock. they were unable to see the optician and were given another appointment for Saturday 8 March (photos of text confirmation of appointment's attached)
They returned to the vehicle to see the CEO placing the PCN on the car, they couldn’t understand why they were getting the PCN the CEO pointed out that the time on the clock was 10 am and it was only 9.22. He had only observed the vehicle for 1 minute before he issued the PCN the driver arrived as the CEO was placing the paperwork in the sticky envelope. It would appear that they did not display the parking clock with the arrival time of 9.15am correctly as they were in a rush to attend the appointment they may have caught the clock and accidentally moved the time that was showing. However, according to the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000, using a clock is not a requirement when parking in a disabled bay.
I am making representations against this PCN on the grounds that the penalty exceeds the amount applicable in the circumstances of the case. My detailed reasons are set out below, but before going into these I would add by way of background that the car was parked in the bay, displayed a blue badge and was stationary for less than 30 minutes. They displayed the parking clock out of habit rather than by virtue of any legal obligation. The other parking bays on Lumley Road have free parking with a limit of 30 minutes or unlimited for Blue Badge holders.
I understand that the County Council's traffic order requires a parking disc to be displayed in this bay in addition to a blue badge being displayed in the prescribed manner. However, the contravention grounds state that I was parked without displaying a disabled badge in the prescribed manner and do not refer to the parking disc despite this being the only issue between us. What the authority are attempting to do is to broaden the specified contravention grounds which refer only to a Blue Badge to include a parking disc.
https://www.legislation.gov.uk/uksi/2000/682/contents https://www.legislation.gov.uk/uksi/2000/682/contents (https://www.legislation.gov.uk/uksi/2000/682/contents https://www.legislation.gov.uk/uksi/2000/682/contents)
Manner in which a badge is to be displayed
12. For the purposes of section 21(4A) of the 1970 Act a disabled person’s badge is displayed on a vehicle in the prescribed manner if–
(a)the badge is exhibited on the dashboard or facia of the vehicle, or
(b)where the vehicle is not fitted with a dashboard or facia, the badge is exhibited in a conspicuous position on the vehicle,
so that the front of the badge is clearly legible from the outside of the vehicle.
This is not lawful because the grounds include two terms defined in legislation, namely disabled badge holder and badge displayed in the prescribed manner, and amending these for the council's own purposes is not permitted. That the TRO requires a parking clock is not at issue, the council's problem is how they may enforce this within the limits set by legislation and the Secretary of State's Statutory Guidance, and using this contravention description is not an option.
In addition, there is no requirement to display a parking clock stated on the traffic sign and this is because the sign used is of the form specified by Ministers in the Traffic Signs etc. Regulations and therefore compliant with the council's LATOR duties. However, for the same reasons as above it does not lie with the council to use this sign to convey a different bespoke restriction i.e. that because you have placed a time limit on use of the bay this necessarily conveys an additional, non-prescribed, meaning namely that a parking clock must be displayed in the same manner as applies to yellow line waiting restrictions.
I have included attachments to two cases of a similar nature namely Mr William Watson - v - St Helens Council and Miss Michelle Dhillon - v - Leicester City Council.
There is also an Equality Act issue that the Council has a duty to consider. Regular limited waiting bays don't require the display of a parking disc clock. By making disabled people set and display a clock is treating them different to able bodied people who park in a regular limited waiting bay and it creates a situation where disabled people have a higher chance of making an error such as the clock falling off or being set incorrectly. Timings should be based on CEO observations the same as a regular limited waiting bay. There is no need to give the disabled the extra burden of setting and displaying a clock. I believe that the Council is unlawfully treating disabled people differently from able bodied people and I ask you to reconsider your approach to disabled badge holders only limited waiting parking places.
William Watson v St Helens Metropolitan Council
https://drive.google.com/file/d/1j3F5-usOqEk4ZeV4WH8vLjOsB6JaMN5G/view (https://drive.google.com/file/d/1j3F5-usOqEk4ZeV4WH8vLjOsB6JaMN5G/view)
Miss Michelle Dhillon - v - Leicester City Council
https://drive.google.com/file/d/1SWPQvyFnxTCIkzz4XHjTBhchA8i-hvKm/view (https://drive.google.com/file/d/1SWPQvyFnxTCIkzz4XHjTBhchA8i-hvKm/view)
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That's been done substantially in your informal reps. The next stage is formal reps by the keeper once a NTO is received. Any subsequent 'appeal' to the adjudicator could add references to tribunal decisions and comment upon the traffic order which they'd be obliged to supply to you within their evidence.
Hi H C Anderson I would be very grateful if you could look over the representation that I have prepared for my daughter to submit as the owner of the vehicle to see if all points have been covered
Thank you
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This is the representation that I have prepared for my daughter to submit. Thank you for taking the time to assist me in this submission
Do I include the copy of text message from Boots and the blue badge also please?
The vehicle was parked in a disabled bay and a valid Blue Badge placed on the dashboard together with a clock which is clearly displayed from the windscreen as shown in CEO's photographs.
The holder of the blue badge was parked for less than 15 minutes from 9.12am to 9.22 They had an appointment at 9am at Boots opticians in the Hildreds Centre Skegness, the journey to the appointment was delayed because they called at an egg distribution centre to collect eggs for the local food bank on the way to Skegness and there was a problem there. They arrived on Lumley Road Skegness at 9.12, parked in the disabled parking bay and displayed the blue badge and clock. they were unable to see the optician and were given another appointment for Saturday 8 March (photos of text confirmation of appointment's attached)
They returned to the vehicle to see the CEO placing the PCN on the car, they couldn’t understand why they were getting the PCN the CEO pointed out that the time on the clock was 10 am and it was only 9.22. He had only observed the vehicle for 1 minute before he issued the PCN the driver arrived as the CEO was placing the paperwork in the sticky envelope. It would appear that they did not display the parking clock with the arrival time of 9.15am correctly as they were in a rush to attend the appointment they may have caught the clock and accidentally moved the time that was showing. However, according to the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000, using a clock is not a requirement when parking in a disabled bay.
I am making representations against this PCN on the grounds that the penalty exceeds the amount applicable in the circumstances of the case. My detailed reasons are set out below, but before going into these I would add by way of background that the car was parked in the bay, displayed a blue badge and was stationary for less than 30 minutes. They displayed the parking clock out of habit rather than by virtue of any legal obligation. The other parking bays on Lumley Road have free parking with a limit of 30 minutes or unlimited for Blue Badge holders.
I understand that the County Council's traffic order requires a parking disc to be displayed in this bay in addition to a blue badge being displayed in the prescribed manner. However, the contravention grounds state that I was parked without displaying a disabled badge in the prescribed manner and do not refer to the parking disc despite this being the only issue between us. What the authority are attempting to do is to broaden the specified contravention grounds which refer only to a Blue Badge to include a parking disc.
This is not lawful because the grounds include two terms defined in legislation, namely disabled badge holder and badge displayed in the prescribed manner, and amending these for the council's own purposes is not permitted. That the TRO requires a parking clock is not at issue, the council's problem is how they may enforce this within the limits set by legislation and the Secretary of State's Statutory Guidance, and using this contravention description is not an option.
In addition, there is no requirement to display a parking clock stated on the traffic sign and this is because the sign used is of the form specified by Ministers in the Traffic Signs etc. Regulations and therefore compliant with the council's LATOR duties. However, for the same reasons as above it does not lie with the council to use this sign to convey a different bespoke restriction i.e. that because you have placed a time limit on use of the bay this necessarily conveys an additional, non-prescribed, meaning namely that a parking clock must be displayed in the same manner as applies to yellow line waiting restrictions.
I have included attachments to two cases of a similar nature namely Mr William Watson - v - St Helens Council and Miss Michelle Dhillon - v - Leicester City Council.
There is also an Equality Act issue that the Council has a duty to consider. Regular limited waiting bays don't require the display of a parking disc clock. By making disabled people set and display a clock is treating them different to able bodied people who park in a regular limited waiting bay and it creates a situation where disabled people have a higher chance of making an error such as the clock falling off or being set incorrectly. Timings should be based on CEO observations the same as a regular limited waiting bay. There is no need to give the disabled the extra burden of setting and displaying a clock. I believe that the Council is unlawfully treating disabled people differently from able bodied people and I ask you to reconsider your approach to disabled badge holders only limited waiting parking places.
Links in the message (1)
William Watson v St Helens Metropolitan...
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Yes I am the mother of the owner who is aware of the PCN. I will prepare the reps for them to submit
This link was sent with the rejection email and has a requirement for a clock in a restricted time limit
https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england (https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england)
When you need to use a parking clock
When you park on yellow lines or in other places where there is a time restriction, you need to display the blue parking clock to show your time of arrival. The clock should be sent to you together with the Blue Badge. If not, you can get a clock from the same council that issued the badge.
If you need to use a parking clock, you must display it on the vehicle’s dashboard or facia panel, so that the time can be seen clearly through the front windscreen. The clock should be set to show the quarter hour period during which you arrived. If there is no dashboard or facia panel in your vehicle, you must still display the clock in a place where it can be clearly read from outside the vehicle.
On-street’ disabled parking bays - signs have a blue wheelchair symbol
You may park for free. Unless signs say otherwise, you may park without time limit. You must display the Blue Badge (and the blue parking clock if the bay is time limited). Always try to use these bays instead of parking on yellow lines.
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I assume the owner is known to you and also knows about the PCN. Only the owner can submit representations against the NtO, although you can provided you get a letter of authority from the owner to act on their behalf. Alternatively, you prepare the reps for the owner to submit.
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The owner of the vehicle has received Notice to owner PCN QJ4125144A I was the driver but not the owner
This is what has been received
I look forward to directions as to my next action. Thank you
https://imgur.com/DLnRFYD (https://imgur.com/DLnRFYD)
https://imgur.com/SZaeH5Q (https://imgur.com/SZaeH5Q)
https://imgur.com/zvpvpGi
https://imgur.com/He2C8Np
https://imgur.com/74dq0PI
https://imgur.com/nPahJGN
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That's been done substantially in your informal reps. The next stage is formal reps by the keeper once a NTO is received. Any subsequent 'appeal' to the adjudicator could add references to tribunal decisions and comment upon the traffic order which they'd be obliged to supply to you within their evidence.
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Thank you. Should I prepare the content of my appeal in readiness?
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Will this mean I have to go to court?
No, a thousand times No !
The process for civil enforcement of PCNs is a specific process in law, defined, on your PCN by the Traffic Management Act, and associated regulations. There is no court, but there is an adjudication office called the Traffic Penalty Tribunal, that hear appeals against PCNs when all representations against a PCN have been rejected by the issuing council. Virtually all adjudications are by phone or, more recently, by video. There is nothing daunting about it at all. The legislation deliberately cut-out any involvement by county courts, so there is no possibility AT ALL of a CCJ.
In the most recent letter refusing your informal challenge to the PCN, they point out that if you don't pay, the owner of the vehicle will be served with a Notice to Owner allowing the owner to pay, or submit formal representations. If the council refuse these, then an appeal can be registered at the adjudicators described above.
https://www.trafficpenaltytribunal.gov.uk/
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Thank you.
So I have to wait as per below, Will this mean I have to go to court?
If you are not satisfied with the decision in this letter and wish to take matters further and make formal representations against the Penalty Charge, please do not make payment, but wait for a “Notice to Owner” which will be sent to the owner/keeper of the vehicle as registered with the DVLA. If you are the driver, but not the owner and wish to make formal representations, you are advised to contact the owner who can respond to the Notice on your behalf.
If representations to the “Notice to Owner” are not accepted, a ‘notice of rejection’ will be sent with details of the appeal procedure. An appeal cannot be made to the Independent Adjudicator until the “Notice to Owner” has been issued and formal representations rejected.
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You've established their ignorance, so IMO carry on.
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Your challenge with HC Anderson's text pretty much does the job as per this case:
https://drive.google.com/file/d/1j3F5-usOqEk4ZeV4WH8vLjOsB6JaMN5G/view
and here's Lincolnshire's TRO in which they say regarding disabled parking places:
The driver of a vehicle shall exhibit a parking disc on the vehicle in the relevant position
and set the disc to indicate a quarter hour period during which the vehicle arrived at the
disabled badge holders only parking place.
They do not define 'prescribed manner' in the preamble (unlike the key case) but do say:
“parking disc” has the same meaning as in the Local Authorities Orders (Exemptions for
Disabled Persons)(England) Regulations 2000 which is capable of showing the quarter
hour period during which a period of parking has begun;
https://tro.trafficpenaltytribunal.gov.uk/TRO/Lincolnshire/QJ01.pdf
and as the adjudicated case says:
The only reference to a disc or clock is in the exemptions regulations which state that
one must be displayed in circumstances where the display of the badge provides an
exemption from a yellow line waiting restriction (see Reg Eight).
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My advice was not to go in all guns blazing but start with an honest mistake and gently point out the clock isn't necessary.
Anyway, you have teased out their position which is obviously wrong - "Unfortunately, these rules are set by central government" - is wrong and why they say it's unfortunate is presumably to mean their hands are tied.
As far as I know the blue badge responsibilities are not all reflected in law.
I'll see if I can find their parking places order.
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Thank you for your help so far. The challenge has been rejected, please see the details below. I look forward to reading your further advice
Lincolnshire County Council
Dear Mrs
11/03/2025
NOTICE OF REJECTION OF INFORMAL CHALLENGE
The Traffic Management Act 2004; The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022; The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022
Penalty Charge Notice Number: QJ4125144A Vehicle Registration Number: FY60AEC Date of Issue: 04/03/2025
Location: Lumley Road, Skegness
Thank you for your challenge, received in respect of the above Penalty Charge Notice. After careful consideration of your informal challenge, I have found no grounds for the cancellation of the charge.
A Penalty Charge Notice (PCN) was issued due to your vehicle being parked in a designated disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner. The Civil Enforcement Officer (CEO) observed your vehicle at 09.20 on 04/03/2025. A disabled badge and time clock were on display; however, the time clock displayed a time later than when your vehicle was observed. No permitted activity was witnessed and as such, a PCN was issued.
I have noted the comments within your challenge, however, not displaying the time clock only applies in car parks where badge holders may park for free and does not apply to on street limited wait disabled bays. The blue badge scheme clearly states this in the booklet received upon getting a blue badge.
Link here,https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in- england (https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in- england)
Ultimately, it is the motorist’s responsibility to ensure that a valid badge and time clock (set to the quarter hour period during which the vehicle arrived) are correctly displayed when parking their vehicle. The officers use this to determine whether the vehicle has overstayed the prescribed limited wait time. When the time is set later than when the officer observes the vehicle it invalidates the blue badge. This is an instantly issued penalty. Therefore, the penalty was issued correctly and remains outstanding.
Lincolnshire County Council PO Box 1329
Lincoln
LN5 5TL
Contact: Notice Processing Phone: 0333 370 5007
Additionally, the council do not believe there is an equality act issue to consider. Limited wait bays for non-blue badge holders are also monitored by recording the vehicle registration and tyre valve positions, whereas blue badge holder bays require the time clock to be set when the bay has a limited wait. Unfortunately, these rules are set by central government.
I am able to re-offer the discounted amount of £35.00 if payment is received within 14 days by 25/03/2025 . Please note that the discounted charge will not be available after this date and the original charge of £70.00 will apply if payment is not made in time. Please see below for details of how to pay.
HOW TO PAY
By telephone: 24hr payment line (credit/debit card): 0333 370 4644, select option 1
On the Internet: (credit/debit card): www.lincolnshire.gov.uk/parking
By Post: For postal payment please send to Lincolnshire County Council, PO Box 1329, Lincoln, LN5 5TL. Please ensure that you include the PCN Number with your payment and make your cheque or postal order payable to APCOA Parking UK Ltd. Cheques are banked by APCOA. All penalty charge income is then paid to Lincolnshire County Council in full. If a receipt is required a stamped addressed envelope must be enclosed.
PAYMENT IN FULL WILL CLOSE THE CASE
If you are not satisfied with the decision in this letter and wish to take matters further and make formal representations against the Penalty Charge, please do not make payment, but wait for a “Notice to Owner” which will be sent to the owner/keeper of the vehicle as registered with the DVLA. If you are the driver, but not the owner and wish to make formal representations, you are advised to contact the owner who can respond to the Notice on your behalf.
If representations to the “Notice to Owner” are not accepted, a ‘notice of rejection’ will be sent with details of the appeal procedure. An appeal cannot be made to the Independent Adjudicator until the “Notice to Owner” has been issued and formal representations rejected.
Further details of the appeal procedure can be found at www.lincolnshire.gov.uk or www.trafficpenaltytribunal.gov.uk.
Yours sincerely,
Parking Services Manager Lincolnshire County Council
[attachment deleted by admin]
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Thank you you are amazing!
I was mulling my PCN overnight wondering why is it that all the ‘normal’ 30 minute wait bays did not need to display a clock but disabled drivers in a disabled bay (were under the impression that they) need to. Note, it is probably good practise to display a clock to avoid confusions as to where to display
I know it was suggested to minimise my response but I feel that LCC really need to hear all of this. This is my amended draft I am happy to clip if advised to.
Thank you in advance
Dear Lincolnshire County Council,
I parked on a disabled bay and I displayed my valid Blue Badge which is clearly displayed from the windscreen as shown in CEO's photographs.
I am the holder of the blue badge, I was parked for less than 15 minutes from 9.12am to 9.22 I had an appointment at 9am at Boots opticians in the Hildreds Centre Skegness , my journey to the appointment was delayed because I called at an egg distribution centre to collect eggs for the local food bank on my way to Skegness and there was a problem there. I arrived on Lumley Road Skegness at 9.12, parked in the disabled parking bay and displayed my blue badge and clock. I was unable to see the optician and I was given another appointment for Saturday 8 March (photos of text confirmation of appointmentments attached)
I returned to my vehicle to see the CEO placing the PCN on my car, I was shocked as I couldn’t understand why I was getting the PCN he pointed out that the time on my clock was 10 am and it was only 9.22. He had only observed my vehicle for 1 minute before he issued the PCN I arrived as he was placing the paperwork in the sticky envelope. It would appear that I did not display my parking clock with the arrival time of 9.15am correctly as I was in a rush to attend the appointment. However, according to the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000, using a clock is not a requirement when parking in a disabled bay.
I am making representations against this PCN on the grounds that the penalty exceeds the amount applicable in the circumstances of the case. My detailed reasons are set out below, but before going into these I would add by way of background that I parked in the bay, displayed my blue badge and was stationary for less than 30 minutes. I displayed my parking clock out of habit rather than by virtue of any legal obligation.
I understand that the County Council's traffic order requires a parking disc to be displayed in this bay in addition to a blue badge being displayed in the prescribed manner. However, the contravention grounds state that I was parked without displaying a disabled badge in the prescribed manner and do not refer to the parking disc despite this being the only issue between us. What the authority are attempting to do is to broaden the specified contravention grounds which refer only to a Blue Badge to include a parking disc.
This is not lawful because the grounds include two terms defined in legislation, namely disabled badge holder and badge displayed in the prescribed manner, and amending these for the council's own purposes is not permitted. That the TRO requires a parking clock is not at issue, the council's problem is how they may enforce this within the limits set by legislation and the Secretary of State's Statutory Guidance, and using this contravention description is not an option.
In addition, there is no requirement to display a parking clock stated on the traffic sign and this is because the sign used is of the form specified by Ministers in the Traffic Signs etc. Regulations and therefore compliant with the council's LATOR duties. However, for the same reasons as above it does not lie with the council to use this sign to convey a different bespoke restriction i.e. that because you have placed a time limit on use of the bay this necessarily conveys an additional, non-prescribed, meaning namely that a parking clock must be displayed in the same manner as applies to yellow line waiting restrictions.
There is also an Equality Act issue that the Council has a duty to consider. Regular limited waiting bays don't require the display of a parking disc clock. By making disabled people set and display a clock is treating them different to able bodied people who park in a regular limited waiting bay and it creates a situation where disabled people have a higher chance of making an error such as the clock falling off or being set incorrectly. Timings should be based on CEO observations the same as a regular limited waiting bay. There is no need to give the disabled the extra burden of setting and displaying a clock. I believe that the Council is unlawfully treating disabled people differently from able bodied people and I ask you to reconsider your approach to disabled badge holders only limited waiting parking places.
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You should not have to pay. I suggest including this with HC Andersen's submission.
By issuing a code 40 PCN the penalty charge exceeds the amount applicable in the circumstances. The parking place is a limited waiting parking place albeit that only disabled badge holders can park within it. Due to the parking disc clock time of arrival it would have been appropriate for your CEO to issue a code 30 PCN for being parked for longer than permitted. This contravention is a lower penalty charge of £50.00. The wrong contravention description was used and consequently the council is wrongly seeking £70.00 from me.
There is also an Equality Act issue that the Council has a duty to consider. Regular limited waiting bays don't require the display of a parking disc clock. By making disabled people set and display a clock is treating them different to able bodied people who park in a regular limited waiting bay and it creates a situation where disabled people have a higher chance of making an error such as the clock falling off or being set incorrectly. Timings should be based on CEO observations the same as a regular limited waiting bay. There is no need to give the disabled the extra burden of setting and displaying a clock. I believe that the Council is unlawfully treating disabled people differently from able bodied people and I ask you to reconsider your approach to disabled badge holders only limited waiting parking places.
Important to note here that The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 do not apply to parking places reserved for disabled badge holders. Badge holders do not need exemption to park in parking places provided specificly to disabled badge holders.
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Bear in mind this is an informal challenge - I would shorten it no harm done.
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I'd change.
PCN *******
I am making representations against this PCN on the grounds that the penalty exceeds the amount applicable in the circumstances of the case. My detailed reasons are set out below, but before going into these I would add by way of background that I parked in the bay, displayed my blue badge and was stationary for less than 30 minutes. I displayed my parking clock out of habit rather than by virtue of any legal obligation.
I understand that the County Council's traffic order requires a parking disc to be displayed in this bay in addition to a blue badge being displayed in the prescribed manner. However, the contravention grounds state that I was parked without displaying a disabled badge in the prescribed manner and do not refer to the parking disc despite this being the only issue between us. What the authority are attempting to do is to broaden the specified contravention grounds which refer only to a Blue Badge to include a parking disc.
This is not lawful because the grounds include two terms defined in legislation, namely disabled badge holder and badge displayed in the prescribed manner, and amending these for the council's own purposes is not permitted. That the TRO requires a parking clock is not at issue, the council's problem is how they may enforce this within the limits set by legislation and the Secretary of State's Statutory Guidance, and using this contravention description is not an option.
In addition, there is no requirement to display a parking clock stated on the traffic sign and this is because the sign used is of the form specified by Ministers in the Traffic Signs etc. Regulations and therefore compliant with the council's LATOR duties. However, for the same reasons as above it does not lie with the council to use this sign to convey a different bespoke restriction i.e. that because you have placed a time limit on use of the bay this necessarily conveys an additional, non-prescribed, meaning namely that a parking clock must be displayed in the same manner as applies to yellow line waiting restrictions.
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Thank you for your replies, here is my draft
Dear Lincolnshire County Council,
I parked on a disabled bay and I displayed my valid Blue Badge which is clearly displayed from the windscreen as shown in CEO's photographs.
I am the holder of the blue badge, I was parked for less than 15 minutes from 9.12am to 9.22 I had an appointment at 9am at Boots opticians in the Hildreds Centre Skegness , my journey to the appointment was delayed because I called at an egg distribution centre to collect eggs for the local food bank on my way to Skegness and there was a problem there. I arrived on Lumley Road Skegness at 9.12, parked in the disabled parking bay and displayed my blue badge and clock. I was unable to see the optician and I was given another appointment for Saturday 8 March (photos of text confirmation of appointmentments attached)
I returned to my vehicle to see the CEO placing the PCN on my car, I was shocked as I couldn’t understand why I was getting the PCN he pointed out that the time on my clock was 10 am and it was only 9.22. He had only observed my vehicle for 1 minute before he issued the PCN I arrived as he was placing the paperwork in the sticky envelope. It would appear that I did not display my parking clock with the arrival time of 9.15am correctly as I was in a rush to attend the appointment. However, according to the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000, using a clock is not a requirement when parking in a disabled bay.
Regulations 11 and 12 of the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000 sets out the requirements for the display of a Blue Badge. There is no reference in the Regulations to a parking clock or disc.
The only reference to a disc or clock is in the Local Authorities Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 where it must be displayed in circumstances where the display of the badge provides an exemption from a yellow line waiting restriction (see Regulation 8 ).
Therefore, no contravention has occured I request that the PCN be cancelled.
Regards,
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The clock isn't mandatory in timed disabled bays and most traffic orders don't say it is but even if an order is in place it can still be beaten.
See links in:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/barking-dagenham-council-code-40-disabled-bay-ticket-no-timer-displayed-clockhou/
Best approach an initial challenge asking first for discretion as there for well less than 2 hours and just noting that the clock isn't necessary.
Post a draft here first.
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In what way was the badge not displayed in the prescribed manner?
Manner in which a badge is to be displayed
12. For the purposes of section 21(4A) of the 1970 Act a disabled person’s badge is displayed on a vehicle in the prescribed manner if–
(a)the badge is exhibited on the dashboard or facia of the vehicle, or
(b)where the vehicle is not fitted with a dashboard or facia, the badge is exhibited in a conspicuous position on the vehicle,
so that the front of the badge is clearly legible from the outside of the vehicle.
from https://www.legislation.gov.uk/uksi/2000/682
Oh, I finally see that you set the clock incorrectly. Sorry.
-
Lincolnshire County Council (40) Parked in a designated disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner(40) Parked in a designated disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner. Lumley Road Skegness
2.
I collect eggs for the local food bank and was delayed at the depot. I was running late for my 9am opticians appointment at Boots - copy of appointment text in photos. Boots opticians is in the Hildreds shopping centre a short walk form the parking bays.
I parked in the disabled bay, put my badge and clock on the dash board.
Arrived in Boots at 9.12 I was too late for the optician to see me. I was given a new appointment see photo of text confirmation received by me at 9.17 I arrived back at my car at 9.22 the enforcement officer had just put the paperwork in the sticky envelope. He told me he didn't have to wait he could issue the ticket immediately as I was in contravention of code 40 etc. I had mistakenly put 10 o'clock on the clock.
I will appeal as I am not sure how I put 10 o'clock instead of 9 maybe my hand caught the wheel on the clock as I placed it on the dashboard.
Thank you for the opportunity of getting advice
3.
Penalty Charge Notice Reference: QJ4125144A
Vehicle Registration Number (VRN): FY60AEC
Vehicle Make: Honda
Contravention: (40) Parked in a designated disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner
CEO Number: 472
Car Park / Street Name: Lumley Road, Skegness
Date and time of recorded contravention: 4th March, 2025 at 09:21:03
Date / Time of issued notice: 4th March, 2025 at 09:21:03
https://www.google.com/maps/search/lumley+road+skegnessiew+%C2%B7+Google+Maps/@53.1431431,0.3392451,18z/data=!3m1!4b1?entry=ttu&g_ep=EgoyMDI1MDMwMi4wIKXMDSoJLDEwMjExNDU1SAFQAw%3D%3D
PCN
https://imgur.com/a/oq6PiBP (https://imgur.com/a/oq6PiBP)
Boots text appt 4/3/25
https://imgur.com/Jyym4Bc (https://imgur.com/Jyym4Bc)
Boots text rearranged appt
https://imgur.com/Dj8XPjs
(https://imgur.com/Dj8XPjs)
Photos on PCN I did not take any of my own
Photo of dash showing blue badge
https://imgur.com/Ij7rSSg
(https://imgur.com/Ij7rSSg)
https://imgur.com/HXZDPFc
(https://imgur.com/HXZDPFc)
Photo of rear of car (and me)
https://imgur.com/PCDhV7R
(https://imgur.com/PCDhV7R)
https://imgur.com/VwRrj2T
(http://https://imgur.com/VwRrj2T)
Photo of signage
https://imgur.com/stvLiV2
(https://imgur.com/stvLiV2)
I hope I have posted correctly