Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Fr3ddi3 on September 26, 2023, 01:33:06 pm
-
I'm late to the party but for what it's worth, in order to pursue a criminal case it has to be in the public interest to bring a prosecution. I would suggest that in the case of a genuine blue badge holder, especially if it's a first-time offence, it is a bit difficult to see what the public interest in prosecuting would be.
Let us know when you get a response.
-
Thank you everyone. I have submitted an appeal, along the lines you have suggested.
During the appeal (there was a form to be completed online) I noticed it specifically listed examples of appeals that would be considered and it said "Parked in ‘disabled bay’ but omitted to display Disabled Blue Badge – An appeal will be considered providing it is your first offence. A copy of your Blue Badge will be required." - so I am hopeful.
-
As I said a humble and contrite submission may succeed. You can only try. Put a copy of your BB in with the submission.
-
OP, you were issued with an ECN because to the officer you parked where not permitted and you were not entitled to park there under any conditions.
You know you were entitled to park there subject to displaying the BB you hold.
Don't overthink this.
Simple challenge: I am entitled because I hold a BB but I foolishly left it (where and any reason why, in a rush?). Here's a copy. Pl exercise discretion. I'll be more diligent. As an aside, I appreciate the benefit and privilege which these bays give us and in this respect well done the officer for enforcing them.
Lay it on.
(The order makes the driver or owner liable. Owner is defined as the person by whom the vehicle is kept and in default the registered keeper.)
-
https://www.wealden.gov.uk/UploadedFiles/2015_Car_Parking_Order_Full_Version_060215.pdf
20(g) makes the driver not the owner liable so do they know who the driver is
There are amendment's here but i have not had time to go through them yet
https://www.wealden.gov.uk/parking-streets-and-travel/car-parking-information/car-parking-regulations/
-
https://www.wealden.gov.uk/UploadedFiles/2015_Car_Parking_Order_Full_Version_060215.pdf
20(g) makes the driver not the owner liable so do they know who the driver is
-
A bit of digging around on their website shows this (https://my.wealden.gov.uk/en/AchieveForms/?form_uri=sandbox-publish://AF-Process-2144cff2-61bb-4dde-9737-8f5a6267f5d5/AF-Stage-53654735-3589-4281-b5b9-0b5938514009/definition.json&redirectlink=%2Fen&cancelRedirectLink=%2Fen&consentMessage=yes).
Suggests you'd be safe to try an appeal with your mitigation. The discount should be reoffered if you are rejected.
"If you have received an Excess Charge Notice (ECN) parking fine, you may appeal against the fine. Alternatively, pay a parking fine.
All appeals must be in writing and received within 14 days of ECN issue.
Please bear in mind the following:
The penalty is held at the reduced fee of £30 whilst the notice is in dispute.
Your appeal will be given careful consideration and you will be notified of the outcome within 20 working days.
If your appeal is unsuccessful you will have 14 days from the date of the correspondence to pay at the reduced fee of £30, after this date the fee will increase to £60.
For further advice see the Directgov "
-
This is not a Penalty Charge Notice under the decriminalised parking laws introduced back in 1995, it is an Excess Charge Notice, and the legislation is completely different.
I would strongly suggest you submit representations based on your narrative. Don't go in all confrontational, be apologetic. Clearly you were entitled to be in that bay, but of course councils are greedy for your money. There are still a few councils that operate this old and discredited enforcement process, but it's still legal, I'm afraid. If they reject your reps, there is no appeal process, they have to prosecute you in a magistrates court. It's up to them to do this.
Is there not a danger that I end up having to pay £60 instead of £30 if I go down that route?
-
I'll give it the rest of today and if no-one has found any reason, I'll pay it at the discounted rate
You could give it a couple of days before the discount expires - some of the experts here are very busy.
-
This is not a Penalty Charge Notice under the decriminalised parking laws introduced back in 1995, it is an Excess Charge Notice, and the legislation is completely different.
I would strongly suggest you submit representations based on your narrative. Don't go in all confrontational, be apologetic. Clearly you were entitled to be in that bay, but of course councils are greedy for your money. There are still a few councils that operate this old and discredited enforcement process, but it's still legal, I'm afraid. If they reject your reps, there is no appeal process, they have to prosecute you in a magistrates court. It's up to them to do this.
-
No apology needed - I came here for precisely that kind of information. Thank you.
I'll give it the rest of today and if no-one has found any reason, I'll pay it at the discounted rate
-
Unfortunately this is an Excess Charge Notice. ECNs are mostly discontinued by decriminalised parking rules. So you are unlucky.
ECNs are very hard to challenge and will involve a trip to a Magistrate's Court if you don't pay. And the Magistrate has little latitude. It's basically did you pay the excess charge? No = Guilty. Nothing to do with mitigating circumstances.
So I'm going to suggest that it's not worth the hassle trying to fight it. Unless somebody else can find a fatal fault with the ECN I'm going to suggest that you pay whilst you have a discount.
I suppose you could try a humble letter of apology. Include a copy of the BB. Forgot to display my BB, terribly sorry, an honest mistake, could happen to anyone, I wasn't attempting to evade a charge, my first offence, etc etc and so on in that vein. Please use your discretion to cancel the ECN.
But only go that route if somebody on the forum can confirm that they will reoffer the discount if they turn you down. They're under no obligation to reoffer for an ECN.
Sorry.
-
I received this PCN on my car today. I am disabled, have a Blue Badge and drive a Motability Car.
I had my Blue Badge with me but forgot to display it. I am guilty of the offence claimed.
Should I just pay the discounted rate or is there room to appeal for clemancy with my Blue Badge?
(https://i.ibb.co/87vRzMJ/Image-44.jpg) (https://ibb.co/fx6K8Mb)
Location: First disabled bay visible here: https://maps.app.goo.gl/m92xxGsexxVo7BEZ7