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Messages - AuthenticAMD

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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN Somerset Council - with Blue Badge, Code 71: Parked in EV bay without charging - Taunton, The Crescent Car Park
« on: January 01, 2025, 10:54:44 pm »
Hi all, happy new year to everyone!

Just an update as we've finally received an update from Somerset Council. I've attached the Notice of Rejection of Challenge sent to us. We've paid the reduced charge to bring the matter to a close, but thought I'd update the topic in case anything similar comes up for someone else.

Thank you all for your help.

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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN Somerset Council - with Blue Badge, Code 71: Parked in EV bay without charging - Taunton, The Crescent Car Park
« on: November 06, 2024, 10:25:59 pm »
Thank you very much!

Yes the intention was the driver would be submitting the representation, I had written that first draft on her behalf. We've now redone the representation based on your post and submitted it.

I'll update as soon as we hear back. Again thank you very much for your help.

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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN Somerset Council - with Blue Badge, Code 71: Parked in EV bay without charging - Taunton, The Crescent Car Park
« on: November 05, 2024, 11:44:30 pm »
I plan to submit the following informal representation, how does this read? I wasn't sure to include the paragraph regarding the Equality Act or not at this stage, but included it below.

Quote
Dear Somerset Council

As a person with limited mobility, my choices as to where I am able to park are limited. At the time of parking there were no suitable spaces to park, all the disabled bays as well as any regular bays within a suitable walking distance in respect to my disability were taken.

I had parked in that space as it was clearly marked as a disabled space and displayed my blue badge, however it is alleged that this is a contravention due to the vehicle not being on charge. I contest this as the signage shown does not make it clear for this bay in the case of blue badge holders, I had interpreted this bay as a dual use bay with a vehicle showing a blue badge being a valid use. The parking information sign does not provide any information of the restrictions of these 'dual use' bay also.

Somerset Council is bound by the regulations set out in the Equality Act 2010 and must provide reasonable adjustments for those with disabilities. My vehicle not being on charge does not nullify these obligations.

Kind regards,
Partner of AuthenticAMD

Regarding the traffic order I linked to above, I had a read and have found the following from page 8: (emphasis mine)
Quote
4.4 The Driver of a Vehicle shall not permit that Vehicle to wait in any Parking Place:
(a) in a designated loading area during restricted hours unless the Vehicle is parked for the purpose of loading or unloading;
(b) in a Parking Space where notice/markings are indicating reserved or permit holders without clearly displaying a valid Permit for the Vehicle and Parking Place in question;
(c) in a designated restricted area;
(d) beyond the markings of any Parking Space;
(e) in a disabled persons Parking Space without clearly displaying a Blue Badge;
(f) in a designated pick-up area unless the Vehicle is waiting for the purpose of persons boarding and alighting;
(g) in a designated electric vehicle charging bay without charging that vehicle with electricity using the apparatus provided for that purpose.
So while it does have provisions regarding the electric bays, it doesn't specify regarding the dual-marked bays.

However on page 22, regarding the car park in question (The Crescent), for class of vehicle "(iv) Vehicles displaying in the relevant position a valid disabled person’s badge", under (3) Position in which vehicle may wait it specifies:
Quote
Wholly within a Parking Space except a Parking Space marked as being reserved for vehicles displaying a Permit issued or approved by the Council
It only stipulates that a blue badge holder cannot park in a bay marked as reserved for those displaying a permit.

Would I be able to challenge any of this in my representation above?

Cheers all, any and all assistance very much appreciated!

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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN Somerset Council - with Blue Badge, Code 71: Parked in EV bay without charging - Taunton, The Crescent Car Park
« on: November 03, 2024, 12:42:30 pm »
Hi, has there been any update regarding the traffic orders? I'm just conscious as we're coming up to our 14 day deadline for the reduced charge to get our informal representation in.

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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN Somerset Council - with Blue Badge, Code 71: Parked in EV bay without charging - Taunton, The Crescent Car Park
« on: October 28, 2024, 08:04:34 am »
@stamfordman Is this the traffic order you're after? I couldn't find a newer version branded under the new unitary council.

https://tro.trafficpenaltytribunal.gov.uk/TRO/Somerset%20West%20and%20Taunton/SWT-Off-Street-Parking-Places-Order-2020.pdf

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Civil penalty charge notices (Councils, TFL and so on) / PCN Somerset Council - with Blue Badge, Code 71: Parked in EV bay without charging - Taunton, The Crescent Car Park
« on: October 27, 2024, 12:18:27 pm »
Hi, we're after some assistance regarding a PCN received from Somerset Council.

The driver of the vehicle (not myself) is a blue badge holder and on 26th October parked in the Crescent Car Park in Taunton.
There were no disabled bays available, so had parked her ICE car briefly in the dual marked disabled EV bay shown below:




Upon returning to the vehicle, the driver found a PCN affixed to the windscreen with the following contravention:
71 - Parked in an electric vehicle's charging place during operating hours without charging

My argument would be that Somerset Council is bound by the Equality Act 2010, and thus must allow a 'reasonable adjustment' in that with the non-availability of suitable disabled bays, the driver parked in the next most suitable bay in respect to their disability.

The council guidelines linked below from their website does not include Code 71. Whilst it does make mention that Blue Badge holders are not allowed to park in "Any area specifically reserved for other vehicles or purpose i.e. [...] Any area specifically reserved for other vehicles or purpose", I argue that this does not remove the councils obligations set out above.

Many thanks, any assistance very much appreciated.

Somerset Council Civil Parking Enforcement Service - Guidelines for dealing with Challenges and Representations:
https://somersetcc.sharepoint.com/:b:/s/SCCPublic/EQsGlrOhMzRAmXa6y04gBisBcklB7Mq4Det1WUUCrTQTHA?e=T0p0bn

Street View link, however it was taken before the car park was refurbished and the EV bays installed:
https://maps.app.goo.gl/safZBkQYPieXTirR6


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