Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Mr Tickle on June 02, 2025, 08:22:59 am
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In Deed top man.
Post corrected.
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It's Mr Andersen who gets the plaudits for this one.
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Result:
On this occasion they have decided to allow the reps.
Mr Anderson many thanks for your assistance and another win for you :)
Now over to my other appeal that has been unsuccessful!
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Many thanks Mr A.
Reps returned today, lets see how they reply.
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My thoughts.
Grounds: Penalty exceeded the amount applicable in the circumstances of the case.
It is common ground that:
My son is entitled to a disabled person's badge and has held one continuously since *****;
that the car was being used to transport him at the time and that an expired blue badge was displayed and that the following dates apply:
Old badge expired: 22.04.25
New badge valid from date: 28.05.25
PCN Issued: 29.05.25
New badge received: 07.06.25
Prima facie this is a contravention.
The circumstances of this case are, however, less straightforward:
The issuing council is Torfaen Council;
Renewal of the 'old' badge was initiated on *****;
The council's renewal website states that:
A renewal request may not be submitted more than 4 weeks prior to expiry;
New badges may take up to 12 weeks to process:
The council issued the new badge by post with a commencement date of 28 May;
This was received on 7 June, that is 10 days after it came into force;
Councils are required to exercise their duties under the Chronically Sick and Disabled Persons Act 1970 in an efficient and effective method;
Parking is part of the council and governed by the same public law duties of fairness.
It is wholly the council's fault that every blue badge holder in the balliwick of Torfaen council may be denied their legal rights by virtue of their inefficient procedures, including in this case why the BB dated 28 May took until 7 June to be received.
A BB holder cannot be denied their legal rights by virtue of this inefficiency, even less penalised as the council is attempting to do.
The council, acting fairly, must cancel the PCN.
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I'll help if Mr A misses it - still plenty of time.
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Hi Mr A, I think this one has gone unnoticed?
Please can I have some assistance
Thanks
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Mr I misread this - you do indeed need help with formal reps to the NTO.
This is one that Mr Andersen will no doubt get his teeth into.
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I think I have miss-understood what I was supposed to do.
I received the PCN from SWPG (South Wales Parking Group) and I replied to them with the Paragraph that Mr Henderson wrote in post 7.
I have now received the NtO from the Local council.
I was expecting advice on how to reply to the NtO, are you saying that I should reply to this with the same paragraph as before post 7 again?
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Just Bumping by own Thread, I think it's been missed.
looking for guidance on the next steps please.
Well, until you get a response to your reps from the council, there's not much more to say. This will, inevitably, be a rejection so when you get it, post it up here.
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Just Bumping by own Thread, I think it's been missed.
looking for guidance on the next steps please.
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Thanks. I replied with exactly what Anderson posted in post no.7
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Pl let's see what you submitted as your informal reps.
I'm not sure what to submit, maybe what Incandescent has written?
He means what you sent initially to prompt the rejection - was it what Mr Andersen drafted?
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Pl let's see what you submitted as your informal reps.
I'm not sure what to submit, maybe what Incandescent has written?
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The council have behaved in a grossly unfair manner - "cannot renew until 4 weeks before expiry" and "!2 weeks to renew Blue Badges" Surely this is abuse of process ?
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Pl let's see what you submitted as your informal reps.
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No doubt Mr Andersen will help you with this so bumping it.
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I have now received and attached the full Nto.
Please can I have help formulating a suitable representation?
Many thanks
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Will do - thanks
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Just come back here when the NTO arrives.
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Yes I am the registered Keeper.
I wasn't too happy either.
I would like to continue as long as I can have assistance to the end.
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Are you the registered keeper? I ask because the keeper would receive the Notice to Owner.
What an ill-informed and arrogant reply. Personally, I would carry on, but the choice is yours.
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Rejection letter 1 received yesterday and is attached.
Our replacement blue badge arrived last week and the valid from date is before the PCN date; timeline given for clarity:
Old badge expired: 22.04.25
New badge valid from date: 28.05.25
PCN Issued: 29.05.25
New badge received: 07.06.25
I don't know if having a valid badge at the time of receiving the ticket but using an expired one has any legs?
Alternatively is there anything in the rejection letter that can bee used?
Again many thanks for the advice
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Pl don't make the mistake of exporting your situation to the CEO's knowledge and reasoning. Just make reps on the basis of what you've said.
Dear Sir,
PCN **********
I refer to the above issued to my* car on **** for parking in a disabled bay without displaying a valid blue badge.
The badge is issued by Torfaen Council to my son who has held it for 18 years. The one displayed was out of date having expired on ***. A renewal request was submitted online on ***, the web page carrying the following, rather ominous, messages:
A renewal request may not be submitted more than 4 weeks in advance of expiry;
Renewal could take up to *** weeks;
An out-of-date badge is invalid.
I do not criticise the CEO for issuing the PCN because they didn't know the particular circumstances which applied. However, I hope that now that the authority is aware of the full picture they will exercise discretion and cancel the PCN.
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Torfaen County council (Wales)
Held Badge for 18 years
For Son, driver was the wife.
Badge Expired 22/04/2025
Renewal was submitted around the time the old one expired (6 weeks ago)
Instructions for out of date badge are that it is invalid.
The website where they issue the badges is saying that the renewals are taking 12 weeks to process but that you can only apply for the renewal a maximum of 4 weeks before it expires. This means that they are aware that there system of renewal means that people will be without badges for up to 8 weeks for every renewal. Not a very good process at all leaving people unable to park in Blue badge areas or they break the rules and chance getting a fine.
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A Blue Badge means a valid BB.
One was not displayed.
Can we look at these specifics pl.
BB issued by which council?
Held for how long?
For who, the driver on the day?
Ceased to be valid on?
Renewal request submitted when?
Does the issuing council issue any instructions as regards use of out-of-date BB while renewal is being processed?
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Yes - on my original post, underneath where it says "many thanks folks" there are two attachments in blue that you click to download the front and back of the PCN.
If you follow the link I posted to www.swpg.co.uk and use the CODE on the PCN ( AE52556774) it will allow you to view the evidence and photos of the transgression and the traffic signs.
Many thanks
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Do you have a link to the traffic order to which you've referred?
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The PCN front/rear is attached.
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on the T's & C's, no. 2 says "A blue badge must be displayed when parking in a Designated blue badge bay" which we were.
On the sign it says "Except blue badge permit holders" which we have.
Are frivolous comments IMO, and I wouldn't go anywhere with them.
Can we start with the PCN pl, both sides.
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The vehicle was parked in a disabled only parking space belonging to the council whilst displaying an expired blue badge.
A replacement badge had been applied for but has not yet been received.
on the T's & C's, no. 2 says "A blue badge must be displayed when parking in a Designated blue badge bay" which we were.
On the sign it says "Except blue badge permit holders" which we have.
Website link to evidence: https://www.swpg.co.uk/
Is there anything this can be done with this ticket please?
Many thanks Folks
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