Author Topic: Re: PLEASE help my Legal Challenge against Redbridge Council.  (Read 202 times)

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Dear All,

I have tried to summarise and I understand some specific information may be missing.

I hope you are all well. I am hoping I can rely on your support with my legal challenge against Redbridge Parking Enforcement. With the help of a few representatives from Redbridge Council I have been investigating the use of discretion by RC for parking PCNs, since August 2025. More specifically towards disability.

My own experience, where Redbridge agreed my disability had led to the contravention but nonetheless refused to apply their discretion. The appeal to the Tribunal was always a forgone conclusion as the Tribunal does not have any authority to cancel a PCN in discretion matters.

Importantly, changes in policy regarding disability and PCNs has been agreed and is awaiting implementation. I have also made some progress with FOIs - but still working on this.

In short, RC has denied they use their discretion unfairly and there is no legal requirement on them to prove this. Hence the legal challenge.

Help Needed:

I am looking for examples where discretion has been used to cancel a PCN where, a disabled badge was not displayed, the timer  was incorrectly set and even where an expired badge was used.

I am aware of many instances PCNs are cancelled for the above, but at the moment I only have one example (PCN Number).

I am waiting on one more FOI Request, as I have had to find a way to meet the threshold and thankfully the FOI team have been extremely helpful in working with me. After this, I will be ready to make a legal challenge but having individual examples will help as we are trying to hold Redbridge accountable.

If you have any questions please feel free to ask.

End - The struggle and effort has resulted in changes to policy which will benefit 1000s of disabled drivers. However Redbridge Parking Enforcement must still be held accountable as a public body and especially with the amount of revenue which is being generated without any transparency.

Thank you for your time.

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Re: PLEASE help my Legal Challenge against Redbridge Council.
« Reply #1 on: »
You are really trying to force Redbridge either to change or lawfully re-take its disability-related discretion decisions on PCNs, because that is what unlocks accountability beyond your own ticket and avoids the dead end of arguing mere sympathy before the parking tribunal. I assume that is the real target, not just cancellation of one live PCN. If that assumption is wrong, and your own PCN is still within the appeal chain, the first forum is London Tribunals, but the adjudicator cannot allow an appeal on mitigation, meaning personal excuse, although compelling circumstances can be referred back to the council.

On the facts you give, the strongest route looks like public law challenge by judicial review, meaning the High Court checks whether a public body acted lawfully, rationally and with proper regard to disability, rather than re-deciding the parking merits. The burden of proof is on you, meaning you must show enough evidence, and the standard is the balance of probabilities, meaning more likely than not. Your best point is not "they should have been kinder". It is "their discretion was applied in a way that may have failed to take disability impact properly into account, despite equality duties requiring real consideration of how policies and decisions affect disabled people". A later policy change helps, but it is not an admission. One example is useful; a pattern is what moves the dial.

Your prospects today are arguable, and could become realistic if the last FOI produces dated comparator cases showing non-disabled or similar error cases were cancelled while disability-linked cases were not, or showing no coherent criteria at all. They fall back to weak if all you have is your own case plus a policy change with no clear paper trail. A judge will care about contemporaneous records: representations, rejection reasons, internal policy wording, equality assessments, FOI returns, and any documents showing how officers were told to exercise discretion. Noise will be general anger about revenue unless you can tie it to evidence.

Expect Redbridge to say each case is fact-sensitive, discretion is individual, the tribunal was the alternative remedy for the PCN itself, comparator data is incomplete, and any flaw is now overtaken by policy reform. Those points get stronger if you are out of time, if your comparators are anecdotal, or if you cannot show what decision is actually being challenged. What independent, dated material do you have now beyond your own file and one PCN number? Are you willing to carry High Court cost risk if this becomes a principle fight? What outcome short of "winning" would satisfy you: cancellation, apology, published criteria, training, disclosure, or a fresh decision?

Move quickly. Judicial review must be brought promptly and in any event within 3 months of when the grounds first arose, so pin down the exact decision or policy date now. Send one tight pre-action letter focused on the disability point, the evidence gap, and the remedy sought; preserve every document; and when the final FOI arrives, test whether it proves pattern rather than suspicion. If the timing is already tight, or Redbridge threatens mootness or alternative remedy, get urgent public law advice at once.
Retired CPS
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Re: PLEASE help my Legal Challenge against Redbridge Council.
« Reply #2 on: »
Traffic Management Act 2004 Section 87 comes into play which states they MUST have regard to the Statutory Guidance.
@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"

Re: PLEASE help my Legal Challenge against Redbridge Council.
« Reply #3 on: »
Thank you so much for this message, as probably the first conversation I have had around this with clarity.

I will get back to you as I have missed out key points from my post, thinking that it would be information overload. But grateful for this conversation.

K

Re: PLEASE help my Legal Challenge against Redbridge Council.
« Reply #4 on: »
Do you have a live PCN? If not, then IMO this part of the forum is not appropriate.

Please also post the council's current parking enforcement policy and copies of their most recent Annual Parking Reports. If you don't have these, then you're starting from the wrong place IMO.

Re: PLEASE help my Legal Challenge against Redbridge Council.
« Reply #5 on: »
1) It is purely based in disability discrimination where appeals have not given consideration where the contravention is linked to disability.

2) My PCN was just what started this and I went to the Tribunal knowing that my appeal would be refused. However the adjudicator said the website change and a few examples of where PCNs have been cancelled in similar facts to mine would have helped.

3) The website change is after I compiled a list of councils who have clear guidance around disabled badge related contraventions.

4) My FOI requests haven't given me what I really needed. This was the appeal data related to disability related mitigation. As this would require going through each case, which would take 2 mins each. For 2 codes 6 months of 2025 there were a total of 2600 PCNs.

This was also the case for appeal data for just mitigating circumstances. What I was able to get the appeal data under two codes related to the disabled badge for 2024/2025 - again not knowing what grounds they were appealed on... In short based on 40 and 87

1) How many were appealed, irrespective of the "grounds"

1091

   
2) How many were successful on first appeal.   

43
   
3) How many were refused on first appeal.   

1038
   
4) How many were appealed a second time.

287
      
5) How many were successful on second appeal.

81
      
6) How many were refused on second appeal   

185

I think I will request the total number of PCNS for each year as this would provide better context. I can link this to the policy that other councils have on their website around disabled badges.

But I feel like I am clutching at straws.

5) Due to not being able to access specific data I decided that I could possibly find examples of where discretion has been applied for badge related errors by asking around - I can only cite two examples but there are plenty, hence reaching out online.

6) Contact with Redbridge Parking Enforcement has been made by MP and councillors. We have only received the generic response as you have correctly said.

A) It was asked if the discretion policy around disability would withstand a legal challenge - to which they replied yes.

B) Head of Enforcement replied with generic response related to IAS. Equality actions taken before the appeal but disability grounds cannot over-ride the legal framework.

C) Still awaiting equalities impact assessment report.

7) From your last paragraph, I think a Pre action letter would be the way. As I have done everything possible as a concerned resident. I cannot get any coherent data. My first option was now writing to the Ombudsman. As you correctly said the onus is on me to provide the evidence.

8) My aim after the second rejection was to bring about change on the website at the very least. Which I am so glad was agreed and last correspondence was that it has been added - but to date still hasn't.

The only case I found which gave me motivation was a Scottish one. Where an appeal to the upper tribunal decided that by not considering the disability was incorrect. Here is the link.

More importantly, disability related errors should get the discretion it deserves. Many as we can see do not appeal, many are wrongfully fearful that they may lose their badge, some probably don't even know they can appeal.

If Redbridge had a clear framework like other councils who will cancel a PCN in these circumstances - I wonder about how much revenue was generated from vulnerable residents.

The help I recieved from MP's and Councillor was because they rightly agreed that there is no clear and consistent policy. I had to emphasise my PCN is irrelevant and I would like to see disabled residents protected.

End Note:

My main aim is for policy change however questions need to be answered. Redbridge Parking Enforcement must be held accountable as only they decide their use of discretion for disability-related appeals, unchallenged. Ultimately they can refuse every appeal as even if a Tribunal upholds an appeal, they can only make recommendations. So are disabled drivers purely at the mercy of Redbridge Parking Enforcement.

Are Redbridge Parking Enforcement profiting from someone else's misfortune?

Thank you so much for your post as it has given me a lot of clarity and also helped plug holes in my overall argument.

My next is writing to the Ombudsman with written support from councillors. Who thankfully have taken this on with me.

I look forward to your thoughts. Apologies about the delay.

Re: PLEASE help my Legal Challenge against Redbridge Council.
« Reply #6 on: »
You seem to be hell bent on attacking this your way. C'est la vie.

IMO, you are approaching the issue in the wrong manner. Set out below is an extract from the Secretary of State's Statutory Guidance to which ALL councils with enforcement authority powers must have regard:

An authority has a discretionary power to cancel a PCN at any point throughout the process. It can do this even when an undoubted contravention has occurred if the authority deems it to be appropriate in the circumstances of the case.

Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest. Failure to act in accordance with the general principles of public law may lead to a claim for a decision to be judicially reviewed.

Enforcement authorities have a duty not to fetter their discretion, so should ensure that PNCs, NtOs, leaflets and any other advice they give do not mislead the public about what they may consider in the way of representations.

They should approach the exercise of discretion objectively and without regard to any financial interest in the penalty or decisions that may have been taken at an earlier stage in proceedings.

Authorities should formulate (with advice from their legal department) and then publish their policies on the exercise of discretion. They should apply these policies flexibly and judge each case on its merits. An enforcement authority should be ready to depart from its policies if the particular circumstances of the case warrant it.


My emphasis.

IMO, get their policy by asking for it. Once you get it, you have the starting point for your investigation.

And note, the policy is the council's, NOT parking's. The officers employed* in this department are bound by the policy; it is not 'discretionary' whether they apply it or not.

And, as already suggested, get copies of their Annual Reports, maybe for the last 2-3 years, and see how their use of discretion has been reported.

*- which includes any contractors involved in the process of 'consideration of challenges and representations'.

Link to the Guidance:


Note that there is a separate section on The Exercise of Discretion(which refers to on-street activities) and a clear reference to the requirement to comply with other legislative imperatives e.g. Equality Act etc, and their public law duty to act fairly and reasonably.


Re: PLEASE help my Legal Challenge against Redbridge Council.
« Reply #7 on: »
Thank you so much for your advice and guidance. Perfect I will start on collecting those documents you mentioned.

I can only apologise if it has come across me following my own direction on this. I haven't had any guidance on this and have just been plodding along since August.

On the forum is where I have actually got clear steps in how to build a worthy case.

I was just overwhelmed with the idea of Judicial Review but as both have you suggested it is the only way forward.

As you correctly sight the use of discretion is a legal requirement for all public bodies and my requests to ask how this is exercised has resulted in general copy and paste answers.

The PHSO would not cut it.

But for my own sake, are any of the steps I have taken relevant at all?

But, this is just what I needed to attack this properly.

Will it be OK to keep you posted? Also for advice going forward.

Re: PLEASE help my Legal Challenge against Redbridge Council.
« Reply #8 on: »
I have asked the Moderator whether this should be moved to the Flame Pit as it would appear that the thread does not involve a live PCN.

As regards
'But for my own sake, are any of the steps I have taken relevant at all?'

You clearly have interest, drive and passion..what's not to admire?

It just needs harnessing and a proper plan created.

Re: PLEASE help my Legal Challenge against Redbridge Council.
« Reply #9 on: »
Thank you. Very kind of you.

So I've come to the right place! (maybe not the right topic place).

I will keep you posted.