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Messages - dahliafield_d11

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1
oh! Made a mistake. No registration with the traffic enforcement centre.

2
Dear all,

I have another question. I have been checking council's website quite regularly since Nov and the charge stays at £105 without change. I also called Enforcement centre in Dec and they replied that there was registration of this charge on their records. How long should I keep waiting for this? Is there an expiry date on this charge to become invalid?

3
Thank you all for your kind help and invaluable advice!!

4
Good evening, I found below from the adjudication website;

"In the majority of cases, an online decision can be made on your appeal, based on the evidence uploaded by you and the authority."

Can I ask if I could make a written appeal in stead of having a telephone hearing? I searched on 2004 TMA. Although no photo evidence is specified, but clearly CEO is  using photos to prove contravention in practice. The argument seems to me is whether their photos are conclusive to prove contravention.

Even we fail the adjudication, the charge on the PCN should remain unchanged, right?

5
The driver was not me. I am the keeper. There was no interaction with the driver. No talk ever took place between the CEO and the driver. The driver never left the car or opened the window. In addition, the driver's one ear is deaf, so there is no possibility of having a talk with a CEO standing far away whilst staying in a car.

Brighton and Hove council does not share their CEO handbook and based on google research, variations are possible by local authority. That's why I did not mention this alighting in the appeal letter. However, based on the rejection, it seems to emphasise that alighting would be regarded as parking.

I will go though the link on adjudication. Not familiar with this at all. Both the driver and myself are under a lot of work pressure. We may not have the energy and strenghth to go through a legal proceeding, to be honest.

6








Please see the above rejection letter.

The CEO never talked to the driver at all, but we have no evidence to prove this...We probably won't be able to cope with the stress to go to court either...Not mentally strong enough to cope with stress to be honest...

7
Below is the appeal I made;

"Formal Representation Against PCN [BH89007150] for Vehicle [BC18 UVS]

I am writing to formally challenge the above Penalty Charge Notice [BH89007150] issued on 22/10/2025 for an alleged contravention of Code 40 - Parked in a designated disabled bay without displaying a valid Blue Badge.

The basis for my challenge is that the evidence provided by the council does not prove the contravention occurred at the time stated on the PCN.

The PCN states the contravention took place at 08:53am. However, the photographic evidence supplied with the PCN and which would be relied upon in any proceedings by the authority shows the following::

1. Image 1, 2(Timestamp 08:52:): Shows my vehicle at the location.
2. Image 3 (Timestamp 08:53): Shows the disabled bay is vacant. My vehicle is not present.

This evidence clearly demonstrates that my vehicle was not parked in the disabled bay at 08:53am, the precise time cited for the contravention.

For a Penalty Charge Notice to be upheld, the council must provide conclusive evidence that proves the contravention on the balance of probabilities. The timestamps on your own photographs create a direct contradiction with the details on the PCN. The image from 08:53am, in particular, proves my vehicle was not committing the contravention at that time.

I would like to add that the driver was not parked in bay but waiting briefly for traffic to clear and the council's pictures also show the car had moved forward.

Therefore, as the core allegation on the PCN is not supported by the evidence, I request that you cancel the PCN.

I have attached a copy of the PCN and have annotated the provided photographs for clarity. I look forward to your confirmation that this penalty charge has been cancelled."

8
My appeal has been rejected. Below is the letter received on 21/*11/2025.

"We have considered your representations about the penalty
charge issued on the 21/10/2025 at 08:53 and have taken
into account everything you said. However, there are not
sufficient reasons to cancel the penalty charge, which is now
payable.
This letter explains the details of the penalty issued, our
reasons for rejecting your representations and your options.
Take a moment to carefully read through ALL the
sections in this letter (listed below) before you decide
what to do next:
1. Our reasons for rejecting your representations.
2. The details of the PCN / Notice to Owner.
3. How to pay.
4. How to appeal your decision.
5. What happens if you do nothing.
Appealing
this decision
If you disagree with the
council’s decision you
can appeal to the
independent adjudicator
at the
Traffic Penalty
Tribunal.
See Section 4 of this
letter for further details.
Please consider
ALL information
in this letter
before appealing.
Yours sincerely,
S Thompson
Parking Services Officer
1. Our reasons for rejecting your representations:
The PCN was issued because the vehicle was parked in a disabled bay without displaying a
valid disabled persons badge during the restricted hours.
Please see the photographs taken by the Civil Enforcement Officer at the time the PCN was
issued:
You stated in your formal representation that as the core allegation on the PCN is not
supported by the evidence, you request that we cancel the PCN. As you believe the
photographs does prove that your vehicle was parked there. You would like to add that the
driver was not parked in bay but waiting briefly for traffic to clear and the council's pictures
also show the car had moved forward.
Every interaction had with a CEO is recorded on the PCN case 'vehicle parked in disabled
bay. asked driver to move and they said they were dropping off. started to issue a PCN and
told them the PCN would come in the post. driver drove off so PCN is a reg 10 with 4 pics
taken.'
Your representations have been rejected because drivers are not allowed to park in disabled
bay unless their vehicle is displaying a valid disabled badge. The PCN was issued correctly
and can be instantly issued.
There is no requirement under the 2004 Traffic Management Act (TMA) for a Civil
Enforcement Officer (CEO) to take photographs in support of a PCN.
Photographs are useful for both the motorist and the council in cases like this but they are
not a legal requirement for two main reasons:
A camera could malfunction. This does not mean that the parking contravention did not
occur – merely that for technical reasons it could not be recorded photographically.
A motorist could return to their vehicle as a CEO was about to take photographs and
threaten them with physical violence. Again, this does not mean that the contravention did
not occur.
When driving the motorist is obliged on each and every occasion to consult the signage and/
or road markings to ensure compliance with the restrictions in place irrespective of familiarity
or otherwise with restrictions normally or previously in operation at the location.
The information provided has been considered, but the Council finds that there are not
sufficient grounds to cancel the PCN.
The penalty charge of £70.00 is now payable. This must be paid before the end of 28 days
beginning with the date of service of this Notice.
You must now decide whether to PAY the penalty charge or whether to APPEAL."

The CEO never had any interaction with the driver. No conversation ever took place.

"There is no requirement under the 2004 Traffic Management Act (TMA) for a Civil
Enforcement Officer (CEO) to take photographs in support of a PCN." Is this true??

Do they have a valid legal point on this??

9
Try putting everything into one pdf which you can then form your one attachment.


Great idea!! Thank you.

10
I am having a funny experience here with Brighton and Hove PCN appeal!! Not sure if the site is experiencing problems or they simply do not allow appellant to write any notes more than 1000 characters and only one document can be uploaded as supporting evidence. If I keep trying deleting words and submit then the one uploaded evidence will disappear as a result!! Is there any other permitted way to make the appeal? Even after I deleted a lot of words in my notes, it still says :"You have 787 characters too many"! Are they never getting tired in creating more hurdles?! >:(  >:(

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Many thanks for the handbook link!!

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Thank you all for our support and help! Your suggestions are invaluable to me!!

13
Yes you need to get reps in now. I would send what you've done later today - see if Mr Andersen pops up with anything else.

I think you could add that driver was not parked in bay but waiting briefly for traffic to clear and the council's pics also show the car had moved forward.

Good point! I was planning to do this before, but thought the time recorded on PCN may carry more weight in this appeal. I will now add this in.

14
Issued 22nd, deemed served 24th which is day 1.

28-day period ends on 20 Nov.

I would amend the following as shown in red:

However, the photographic evidence supplied with the PCN and which would be relied upon in any proceedings by the authority shows the following:

Great!!! This is so much better and solid. Thank you so much!

15
Hi Pastmybest,

Thank you so much!! May I ask where this paragraph was found? I searched on google and the answer I found is contradicting:

"Parking contravention code 40 means a vehicle was parked in a designated disabled person's parking bay without a valid Blue Badge being clearly displayed. This code is issued to any vehicle found in these spaces if a valid disabled person's parking badge is not visible. Exceptions are not typically made, though some bays might have time restrictions, which would be indicated by signage.
Contravention code 40 specifically refers to parking in a disabled bay without a valid Blue Badge.
Blue Badge holders are exempt from this contravention, provided the badge is clearly displayed.
No observation period is applied for this contravention, meaning the penalty can be issued immediately.
Loading and unloading is not permitted in these bays, and vehicles are still liable for a PCN even if loading/unloading if the badge is not displayed.
Exceptions may apply if there are specific, clearly signed times during which the bay is active, but the rule applies during all other times. "

Could you or anyone kindly help and explain this contradicting point? I am totally confused and the deadline of the appeal is fast approaching.

Many thanks in advance!!

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