Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: SBBA on September 28, 2023, 02:26:27 am
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@SBBA please show us the representations you have sent in full.
Also if you get a rejection please do not file an appeal with the tribunal on your own, realistically you should get one of us to represent you.
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@Pastmybest Thank you so much! - its the same on each of the PCNs so just sent a further challenge 🙂
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Those dates are not right firstly one of the PCN dated 27/06 they have the dates wrong way round ie the 28 day period is given as 10/7 and the 14 day as 24/07
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@Pastmybest Sorry, am I missing something? Those dates appear right? Ie: for the pcn served 27/06 last date for payment is 24/07 (or 10/07 for the discounted amount).
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Oh great! I'll follow up with that now too, thanks so much!
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On both PCN's and particularly the one served on the 27/06 they have messed up the dates for payment. giving the correct statement as to time for payment "14 or 28 days beginning with the date of service" but then giving a date which is wrong on all occasions, That creates a prejudice and invalidates the PCN's
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You need to be aware that most people in council parking enforcement offices are as ignorant of the law as you may be. Certainly we have, over the years, seen some astonishing statements from councils on the law on parking and waiting.
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Thank you so much to those responding at such short notice. Managed convince son let me send images of BB and essentially made 3 points:
1. No contravention occurred on at least 1 of pcns and no evidence contravention occurred on other 2 (due to them not providing photos & acknowledging BB was displayed on one of these 3 PCMs)
2. Should exercise discretion & cancel if BB not displayed/incorrectly displayed etc (using Mike's arguments above)
3. Potential procedural error re 2007 legislation
Will let you know how it goes - thanks again.
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OP--tell your son that the Council cannot revoke a Blue Badge in the circumstances described; absolutely impossible.
Regardless of the PCNs I would investigate the Council having a dedicated disabled bay right outside your son's home. That should negate the level of parking elsewhere in the street or yellow lines.
Perhaps your Councillor might be of assistance.
Mike
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I think they are bluffing their way on a BB parking on a yellow line partly on the pavement. Clearly with no BB displayed a CEO would be correct in issuing a PCN. SO which PCNs are for a missing BB, and which for parking partly on the footway ? MMV Redux's point about the incorrect regulations on the PCN is also a clear procedural impropriety.
As you seem to be an Notice to Owner stage, the discount option has gone so it's a no-brainer to take them to the Traffic Penalty Tribunal if you have to.
Other point to make is to try to get your son to always remember to display the BB when on the yellow lines, because even if he wins there is all the hassle involved in submitting reps etc. The councils can issue PCN after PCN until the cows come home.
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Thanks Mike, Just received news today he also has a tumor growing in his tibia bone :o he's beside himself about losing his Blue Badge. I didn't even notice the 2007 legislation - surely must be invalid? Thanks for the spot!
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OP--all the PCNs have the defunct 2007 legislation therefore IMO they are invalid.
Parking on the footway is a red herring because the yellow lines cover a Code 01 contravention whether on the carriageway or footway.
It is obvious that the Council need to look carefully at the disability aspect and a take a view as to the exercise of discretion and the cancellation of these and other PCNs.
I'd include something like this (have it signed by your son):-
I would ask the Council to exercise its discretion and cancel PCNs numbered ?????? because there was no mischief. Parliament never intended that people who had a right to park on double yellow lines through Blue Badge exemptions should be fined and that, in reality, this was not an abuse of that right since I still have the underlying condition, am a recipient of DLA and I still qualify for a Blue Badge (copy attached). Second, it was never the intention to fine eligible Blue Badge holders for forgetfulness or mishap and therefore the enforcement of these charges would serve no useful purpose other than one which relates to income generation.
When considering this challenge I trust the council will have regard to my disability and their statutory obligation under the Equality Act 2010 to take my disability into account when considering my challenge. If the council decide not to cancel I require the council to fully explain why they think my rights under the Equality Act 2010 do not merit cancellation of the penalty charge.
I would also add that each of the PCNs has the defunct 2007 Regulations quoted which in my opinion at worst invalidates them or is otherwise a glaring procedural impropriety.
Mike
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Hi all, was signposted here from Pepipoo a while ago-been trying to deal with it informally but to no avail.
In brief, son lives on a one-way street - parking can be difficult - one side no parking restrictions one side has single yellows and parking restrictions during hours of 9am - 6pm. Son has had BB for years (Congenital Knee Condition & some MH) and he, along with many others, has parked on the single yellow lines (half on pavement, half off to avoid obstruction) when all spaces on opposite side are taken - not always displaying BB, with no issue or tickets in the several years he's been there.
He then received 5 PCNs, all 01 Code. Can't be sure if BB displayed on every occasion but thinks perhaps only once or maybe max twice not displayed. All PCNs received over 2 weeks period & so often that a guy working nearby apparently challenged the issuing officer saying he was out of order when BB displayed & was told it's not for parking on yellow lines but parking on the kerb/pavement.
I've contacted parking services and was told yellow line covers the road/carriageway and footpaths, pavements and verges. Exemptions for Blue Badge only allow the exemption to park on the road (their emphasis) and the yellow line restriction covering pavement etc continues to apply, hence the PCN's. Told obv could appeal but would be rejected because of this. All informal reps now rejected and NtO received for 3 of the 5 PCNs.
During informal reps, only sent photos of 2 PCN incidents which clearly show BB displayed and it is these 2 that we have not yet received NtO for (though there is still time yet!)
The woman I spoke to at council agreed it is not unlawful to park on a pavement outside London (yet) but she maintains this is unless there is a yellow line covering all above - exemption will only apply to road.
I have to get formal representations in today (28th) so thinking to continue no violation occurred, just wondering if anyone has anything else to add/advice? Response to informal reps (and woman on the phone) implied it is also a breach of the rules relating to BB to park half on/half off the pavement and son now terrified he'll lose BB & begging me just to help him pay them all.
Link to following Docs:
PCNS x 3 being pursued
Response to informal reps
NtO x 3
https://www.dropbox.com/scl/fo/peejiajs8qnnd3vvpiz4b/h?rlkey=s88awtc7lfnughkz1bz9ljlyj&dl=0 (https://www.dropbox.com/scl/fo/peejiajs8qnnd3vvpiz4b/h?rlkey=s88awtc7lfnughkz1bz9ljlyj&dl=0)
Google map link: https://maps.app.goo.gl/RoEWwfYQTEyJcdet7 (https://maps.app.goo.gl/RoEWwfYQTEyJcdet7)
Thanks in advance if anyone manages to see this in time!
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