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Excess Charge wrong contravention code, Given an excess charge notice with incorrect details
Omega2
post Sun, 22 Nov 2020 - 22:15
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]Hi,
A few days ago my adult daughter who is severely mentally and physically disabled was really struggling with lockdown so I offered to take her out for a change of scene. We drove to a nearby park where I parked in a disabled bay in a council run car park but while I unloaded her in her wheelchair it was raining stair rods and she had yet another meltdown. In the chaos calming her down I forgot to display her blue badge. Inevitably when we got back to the car 30 mins later my daughter was happier but there was an excess charge notice on the windscreen.
I fully accept that it was my mistake not displaying the badge but I want to appeal the £80 charge because the council have suffered no loss, I was legally allowed to use a disabled bay without paying the 80p charge and was not depriving a disabled person from using it.
I would like any advice on the best way to approach the appeal as there were a couple of errors on the ticket-

1) It said that the contravention was “the vehicle was parked in a bay designated for disabled persons only” the ticked did not mention not displaying a badge although a nearby sign did say badges must be shown. The car is obviously an adapted wheelchair vehicle and has blue stickers front and rear confirming this.

2) the ticked uses contravention code 04 which I believe is “parking in a meter bay when penalty time is indicated”. This is a lower tier offence and not relevant to my misdemeanour . The code for disabled bays is 40 so presumably it was a typo.

Can anyone tell me please if I should appeal on the grounds that the ticket is wrong or go for the argument that it was an innocent mistake on my part under difficult circumstances.
Thanks in anticipation
Attached File  parking_ticket.pdf ( 1.07MB ) Number of downloads: 24


This post has been edited by Omega2: Mon, 23 Nov 2020 - 07:47
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post Sun, 22 Nov 2020 - 22:15
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stamfordman
post Sun, 22 Nov 2020 - 22:50
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Post all the ECN. Generally these are hard to combat because they lead to a magistrate's court not a tribunal but there should be a way to challenge it and we have seen them cancelled.

Also see if there are any pics taken by the council.

Put pics on https://imgbb.com or such like as space on forum is limited.

This post has been edited by stamfordman: Sun, 22 Nov 2020 - 22:50
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cp8759
post Tue, 24 Nov 2020 - 22:01
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You committed the offence but there are compelling circumstances why a prosecution would not be in the public interest (indeed I would suggest in the event of a prosecution you could ask the CPS to stop it).

IMO your best bet is to ask the authority to cancel the ECN on the basis of a genuine mistake, submit a copy of the blue badge and any available supporting evidence about your daughter's condition.

It's normally best to put a draft on here first. Your case has a lot more merit than Amanda Watson's and she got an absolute discharge, see https://www.manchestereveningnews.co.uk/new...e-system-968432 (but as an order for costs is likely to exceed the £40 ECN, it's much better to just persuade the council to cancel it).


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mad Mick V
post Wed, 25 Nov 2020 - 08:14
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+1
But keep it simple, don't bang on about wrong contravention codes.
You can appeal on line here:-

https://www.cherwell.gov.uk/info/8/parking/...ppeal-your-fine

I don't know if you would be able to attach a photo of the BB.

About time the DfT made these errant Councils sign up for decriminalised parking!

Mick

This post has been edited by Mad Mick V: Wed, 25 Nov 2020 - 08:36
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