Free Traffic Legal Advice

Thank you all.

Regarding  NTO Date of Service, what should the letter have stated?
I understand the fettered discretion point.

I tend to use it mainly on LL61JZG, with very occasional use on the 2nd car (prob 1-2 times a month at most). In the second car I place it into a disabled badge holder and place it onto the dash. However, in the usual Lexus I tend to stick it on the windscreen....the surrounds of the permit have a plastic surround that allows the pass to stick to the windscreen.

After the PCN, I now place the pass in a second holder and place the pass on the dashboard.

Unfortunately I no longer have the original PCN so cannot show a copy of the back of it.

My representations were that I had a valid parking. Permit at the time of the PCN, and attached a copy as below:-

https://drive.google.com/file/d/1arGaBbwhUsZ0mf6zjlEjsY8-6FReKS-l/view?usp=drivesdk

Their rejection letter dated 010925

https://drive.google.com/file/d/18nfMtlbxRuxzd7FMe693c8ERIxP8DuX3/view?usp=drivesdk

A quick update - I have been notified that TMBC have not contested my case and therefore the case is closed.

I was surprised they came back quite quickly regarding this.

Thank you again to everyone for your help and advice - it's much appreciated and good to know that Councils are not always correct with their PCNs.

Ah ok thank you - so do I base my appeal both on this procedural mistake and the fact that we did use the badge correctly, although the CEO assumed we didn't as he did not see the BB holder?

Hi,
Thank you for your quick reply.

My representations were rushed and poor tbh, and all I stated on it was that the badge and time clock were presented in accordance to their rules, so please could they rescind the PCN as it's a cycle we have done many times without issue. Their rebuttal is that they did not see the badge holder as I drove off.

Also, to add to this, I was parked outside a place of worship and this is usually a time when people come out of the venue. It is also known the CEOs come to this area to catch people out (and they have in the past), but as we have done this cycle a few times we didnt think anything of it.

We like to park here as my wife likes to walk a little bit to the shops, and then I collect her from there later on. We do this most times without issues.

I don't mind paying the GBP 35 fine for an easy life, but it seems unfair that the CEO has incorrectly badged we me the worshippers who sometimes park illegally.

If this went to the traffic tribunal 3rd party, it will be interesting to know if TMBC have to provide evidence of their case, as atm it's their word Vs mine.

Hi,

I have been given a PCN by the local council dated 22/05/24 for Contravention Code 01 - parking in a restricted street during prescribed hours.

I was displaying a valid Blue Badge at the time (belongs to my partner) as I had dropped her off, and clock was within the 3 HR time limit...the car was parked on a double yellow line, which is allowed under the council rules. I collected my wife from a different place. There was a CEO in the area, and in fact I spoke to him generally. There was no ticket on my windscreen as I drove off. I received the PCN in the post.

I appealed on the grounds that a valid Blue Badge was displayed, in accordance to their rules, and according to their appeals it could be rescinded.

I have just spoken to the parking office, who stated appeal was rejected and implied that I had misused the badge. I am awaiting this letter to arrive. They stated I could further appeal to some independent traffic party (can't remember their name). Reading between the lines of the conversation, they seem to imply the badge was used with the badge holder not present (not sure how they would come.to that conclusion without asking to see.the badge etc).

Do I have any ground to further appeal or should I pay the PCN?

Thank you.


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