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I already submitted before the suggestions today so I didn't tell them to 'see attached' in the letter but I did upload them. Will see what they say and keep you updated.

Thanks all.

Thank you both for your feedback and tips, I've incorporated your suggestions. Which of these drafts should I send?


Dear London Borough of Hackney,

I have parked on a disabled bay and I have displayed my valid Blue Badge which is clearly displayed from the windscreen as shown in the CEO's photographs.

I forgot to make an informal challenge questioning the PCN but I'm assuming it was because I did not display the parking clock.

I did not display my parking clock as I was in a rush to attend an appointment. However, according to the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000, this is not a requirement when parking in a disabled bay.

Regulations 11 and 12 of the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000 sets out the requirements for the display of a Blue Badge. There is no reference in the Regulations to a parking clock or disc.

The only reference to a disc or clock is in the Local Authorities Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 where it must be displayed in circumstances where the display of the badge provides an exemption from a yellow line waiting restriction (see Regulation .

Therefore, no contravention has occurred and the PCN must be cancelled.


Regards,



OR


Dear London Borough of Hackney,

I have parked on a disabled bay and I have displayed my valid Blue Badge which is clearly displayed from the windscreen as shown in the CEO's photographs.

I forgot to make an informal challenge questioning the PCN but I'm assuming it was because I did not display the parking clock.

I did not display my parking clock as I was in a rush to attend an appointment. However, according to the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000, this is not a requirement when parking in a disabled bay.

Regulations 11 and 12 of the Disabled Person’s (Badges for Motor Vehicles) (England) Regulations 2000 sets out the requirements for the display of a Blue Badge. There is no reference in the Regulations to a parking clock or disc.

The only reference to a disc or clock is in the Local Authorities Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 where it must be displayed in circumstances where the display of the badge provides an exemption from a yellow line waiting restriction (see Regulation .

In the similar appeal cases of ‘Miss Michelle Dhillon - v - Leicester City Council’ (2019) and ‘Mr William Watson - v - St Helens Council’ (2020), the adjudicator used these grounds to rule the alleged parking contravention did not occur.

Therefore, no contravention has occurred in this instance either and the PCN must be cancelled.


Regards,

Great, that's what I thought.

Ok, that's done! *Fingers crossed* Thanks again for your help, I'll update with how it goes.

Ah, ADHD got in the way of me chasing this up sooner! Thanks for the cases.

It's a Motability car so it's dual registered to both me and the Motability fleet code. Motability holds the V5C and I've requested a copy which I'll receive in 3 days, but the details should be correct.

Just to add; according to Hackney Council's PCN Portal, it's now at the Notice to Owner stage with the fine due to increase to £195.00 on Sun, 12 Jan 2025. I have not yet received the NTO though.

Just had confirmation that this PCN has been cancelled! Thanks all for your help!

We've had a number of battles with councils on using the clock in a time-limited bay. Point is bays for general parking don't require a clock.

This is a 3 hour bay - when did you park and leave? PCN time is 16:30.

So don't pay - one of us will dig out cases on this.

Thank you both, seems like it's pretty disgraceful targeting of 'easy targets' from councils.  It's great to hear I have a chance at appeal though!

I arrived 14:55 and left about 16:40/16:45, well within the 3 hour time restriction.

The cases would be helpful, so I'll wait for those before drafting up my representation.

Thanks again.

Sorry, I just went to make my representations online and now I have another question.

The form asks me to complete a field stating whether I'm the driver, keeper, driver and keeper, or incorrectly registered keeper. This was a hire car so I tried selecting 'driver', but I'm met with an error message saying 'Sorry but only the keeper can make a challenge'.

How do I proceed? The hire company have transferred liability to me, so do I count as both the driver and keeper in this scenario?

Screenshots here: https://imgur.com/a/ew3qA6L

Thanks once again for your assistance!

*Edit
I think I've figured it out if this distinction is correct: "if you hire/lease a car, the lessor/hire company are the "registered keeper" and you are the day to day "keeper".