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Civil penalty charge notices (Councils, TFL and so on) / Leeds City Council PCN Sunday Disabled bay Time clock "wrong"
« on: February 29, 2024, 06:05:32 pm »
Hi Folks ~
Any advice / case precedents most welcome ~
Alleged contravention date: SUNDAY 14 Jan 2024 ~
Alleged TIME of contravention: 12:21 ~
Code 40 "Parked in a designated disabled persons parking place without clearly displaying a valid disabled persons badge" ~
Leeds City Council PCN ~
The vehicle was parked in a disabled bay, with badge & clock showing ~
The CEO issued the PCN on the grounds the clock was wrong (It was set to 13:30) and thus, the entire badge was "Invalid" ~
My consumer advocate made an initial representation with 4 questions (NONE of which were addressed) the final observation the advocate made was that the bay is a dedicated disabled space, and had the driver parked in a regular bay, the clocks setting would have been achedemic, as the Leeds.gov website clearly states ... ~
“With a blue badge you can park on-street for free and without time limit at both metered and 'pay and display' sites” ~
... and thus was being punished for parking in a disabled bay ~
https://imgur.com/a/QgOtmU0
~ So this is a valid badge, displayed correctly, in a disabled bay, on a Sunday ... but because there exists a time restriction element, the badge clock being incorrectly set renders the contract in breech ~
Attached & linked to here, their reply to my advocate: ~
https://www.dropbox.com/scl/fi/4ji0p9m5gibm94dwprh9u/2938B7D6CD3A.PDF?rlkey=n1r8w1q3huinyonnsd6simxb7&dl=0
As you can see, LCC appear to be implying that rather than the clock being set 1hr 10 mins later than ticket issue time, that the vehicle had been parked there for 23 hours !!
NTO has now been received (Owner is not the driver)
Any advice gratefully accepted, or for further info please just ask ~
THANK YOU
Any advice / case precedents most welcome ~
Alleged contravention date: SUNDAY 14 Jan 2024 ~
Alleged TIME of contravention: 12:21 ~
Code 40 "Parked in a designated disabled persons parking place without clearly displaying a valid disabled persons badge" ~
Leeds City Council PCN ~
The vehicle was parked in a disabled bay, with badge & clock showing ~
The CEO issued the PCN on the grounds the clock was wrong (It was set to 13:30) and thus, the entire badge was "Invalid" ~
My consumer advocate made an initial representation with 4 questions (NONE of which were addressed) the final observation the advocate made was that the bay is a dedicated disabled space, and had the driver parked in a regular bay, the clocks setting would have been achedemic, as the Leeds.gov website clearly states ... ~
“With a blue badge you can park on-street for free and without time limit at both metered and 'pay and display' sites” ~
... and thus was being punished for parking in a disabled bay ~
https://imgur.com/a/QgOtmU0
~ So this is a valid badge, displayed correctly, in a disabled bay, on a Sunday ... but because there exists a time restriction element, the badge clock being incorrectly set renders the contract in breech ~
Attached & linked to here, their reply to my advocate: ~
https://www.dropbox.com/scl/fi/4ji0p9m5gibm94dwprh9u/2938B7D6CD3A.PDF?rlkey=n1r8w1q3huinyonnsd6simxb7&dl=0
As you can see, LCC appear to be implying that rather than the clock being set 1hr 10 mins later than ticket issue time, that the vehicle had been parked there for 23 hours !!
NTO has now been received (Owner is not the driver)
Any advice gratefully accepted, or for further info please just ask ~
THANK YOU