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53j ham Park road
Arwa
post Wed, 7 Dec 2022 - 17:41
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I received a PCN today that I was in a restricted area at the time, I am bb holder and it states on their website that their is exemption for bb holders do I have grounds for appeal? Any help would be much appreciated.

https://imgur.com/gallery/6mfZvkK
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post Wed, 7 Dec 2022 - 17:41
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stamfordman
post Wed, 7 Dec 2022 - 18:04
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So another one - is this also a school street zone?

Again, what were you doing driving into the zone at this time?
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MMV Redux
post Wed, 7 Dec 2022 - 23:18
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This looks like the Notice:-

https://www.thegazette.co.uk/notice/3709550

Experimental so they should have made a permanent Order by now--best to check.

No exemption for BB holders.

Mick
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Arwa
post Wed, 7 Dec 2022 - 23:21
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Yes unfortunately they have installed new restrictions in places that wasn't there before
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Neil B
post Wed, 7 Dec 2022 - 23:49
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No, the restriction isn't new at all, as you can see from the linked order.

What was the purpose of your journey? You mentioned carrying a BB holder in the other thread.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Arwa
post Thu, 8 Dec 2022 - 02:16
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I was picking my daughter up from school in Upton Lane, I had to use this route because Romford Road (main road) was closed off by the police because of an accident near ibis hotel (Stratford end) and again I used this road before many years ago without such restrictions and I thought there were no restrictions when I did use it but seems like to me the decision I made again was the wrong one
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cp8759
post Thu, 8 Dec 2022 - 11:18
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Give us the PCN number and the number plate so that we can look at the video.

Here is The Newham (Pedestrian and Cycle Zones) (No. 2) Experimental Traffic Order 2021 but it expired on 18 July 2022 unless the Secretary of State granted an extension, which seems unlikely.

A permanent order is announced here so I'll ask for a copy.


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Arwa
post Thu, 8 Dec 2022 - 13:05
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https://imgur.com/gallery/2sgDSJr

PCN and VRM in the link
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cp8759
post Fri, 9 Dec 2022 - 10:35
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Again the video leaves little scope to argue the contravention.

Have you applied for a permit?

This post has been edited by cp8759: Fri, 9 Dec 2022 - 10:35


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Arwa
post Fri, 9 Dec 2022 - 16:10
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Again I haven't applied for the permit
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cp8759
post Fri, 9 Dec 2022 - 17:30
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QUOTE (Arwa @ Fri, 9 Dec 2022 - 16:10) *
Again I haven't applied for the permit

If you're entitled to one, why not?

Showing that you have a permit, or are in the process of getting one, would help bolster the mitigation case.


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Arwa
post Sat, 10 Dec 2022 - 08:04
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I don't live in the area or use the road at all this was a one off, is it better just to pay it?
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MMV Redux
post Sat, 10 Dec 2022 - 10:20
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Because of the Blue Badge ask the Council to exercise their discretion and cancel the PCN. You can state that it mentions BB holders are exempt on their website (give them a screenshot).

Otherwise give them the circumstances of the journey and indicate the restriction made it difficult for disabled access.

Mick
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Arwa
post Sun, 11 Dec 2022 - 02:23
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Cheers mick,

I'll write something up and post here to get approval
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hcandersen
post Sun, 11 Dec 2022 - 09:48
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There is no exemption for BB holders as such IMO.

The narrative on their website states:

Blue Badge holders must identify reasonable access requirements for example;

You currently work within the restriction zone
You or your child is a blue badge holder and must be escorted to school using a vehicle


But this applies to the specified school(s) within the zones(otherwise there's no imperative to enter the zone), but the OP's was not and therefore the 'escorting to school' does not apply. IMO it is not an exemption for any other BB holder escorting a child to a school outside the zone. In any event, the child was not in the vehicle
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Arwa
post Thu, 15 Dec 2022 - 17:06
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I just paid the fine, conflicting thoughts which is why there's this forum I appreciate for everyone's help and wish everyone a very Happy Christmas
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MMV Redux
post Sat, 17 Dec 2022 - 12:59
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OP---your decision but I am rather peeved that a contrary view pushed you into paying. IMO, regardless of opinion, the Council should have been put to the question.

Mick
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cp8759
post Wed, 11 Jan 2023 - 00:08
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It's academic for the OP, but for future reference here's The Newham (Pedestrian and Cycle Zone) (No. 2) Traffic Order 2022.


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