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Disabled Bay Parking Ticket - Badge Displayed, Havering Council issued ticket
LondonBloggs
post Fri, 22 Oct 2021 - 08:00
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Hi there,

My 75 year old Mum parked in a designated disabled bay at this location: https://www.google.co.uk/maps/@51.5776086,0...6384!8i8192 a couple of days ago.

She received this ticket: https://flic.kr/p/2mCZPf9

She said she was only there an hour or so and that the ticket and clock were on display clearly.

Please do you have any suggestions on best next steps. There seems to be no facility to view any photographic evidence on the council's webpage.

Many thanks.
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post Fri, 22 Oct 2021 - 08:00
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cp8759
post Fri, 22 Oct 2021 - 14:48
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To be fair, the disagreement is between DD, cp and learned tribunal adjudicator Jill Yates on the one hand (see William Watson v St Helens Metropolitan Borough Council (SZ00006-2002, 11 March 2020) http://bit.ly/2wUH9QU, and hcandersen on the other.

It is noteworthy that that decision was made after a contested hearing where the adjudicator had the benefit of detailed submissions from both sides. I would go with the draft in post 18.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative party member, this means some people think I am "scum". No, I am not a lawyer. I do not charge any fees, please stop asking me what my fees are.
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LondonBloggs
post Fri, 22 Oct 2021 - 15:18
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Thanks for all your input folks. I've had a final re-draft and submitted the following. I'll keep you informed and be back in touch if we need a round 2:

Dear sirs,

I would like to appeal the issue of this penalty charge.
I parked in the designated disabled bays in Exchange Street and put my Blue Badge and time clock on display in the normal way. I then went off to M&S and returned within 1 hour - well within the 3 hour limit. I have enclosed a picture of my Blue Badge for your reference and verification as a valid Disabled Parking Badge.
I do struggle to reach over onto the dashboard to place my badge so I tend to reach in from outside the car. There was a heavy downpour at the time and I did take care to position the badge and time clock appropriately.
I am not sure what I did to receive this penalty and can only assume that your Enforcement Officer made an error but if I did anything wrong, I can only apologise and point to my disability and the weather conditions as mitigation and promise not to repeat the error.
Would you kindly explain and consider cancellation in light of the mitigating circumstances.
Many thanks

Yours faithfully
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cp8759
post Fri, 22 Oct 2021 - 15:55
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I really would not mention the clock, it's counter-productive IMO. But it's your PCN so at the end of the day it's up to you whose advice you follow.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative party member, this means some people think I am "scum". No, I am not a lawyer. I do not charge any fees, please stop asking me what my fees are.
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LondonBloggs
post Fri, 22 Oct 2021 - 16:04
Post #24


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QUOTE (cp8759 @ Fri, 22 Oct 2021 - 16:55) *
I really would not mention the clock, it's counter-productive IMO. But it's your PCN so at the end of the day it's up to you whose advice you follow.



Thanks cp8759. Its gone off now as I'm going away tonight and don't have any more time to tinker.

You're probably all right in some way but unless you can get inside the mind of the recipient, it is hard to truly know what will land best.

I'm hoping to get a recipient with some common sense...

Thanks all
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DancingDad
post Fri, 22 Oct 2021 - 16:06
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TMO
https://www.haveringtraffweb.co.uk/data/sch...20No.%20111.pdf
Note that no mention of Parking Clock re relevant position and that Relevant Posisition relates to the 2000 regulations..says section 4 but not sure what that is about.
https://www.legislation.gov.uk/uksi/2000/68...ulation/12/made

The map based schedule adds nothing
https://www.haveringtraffweb.co.uk/data/msc.../AT17_rv0_1.pdf


No requirement for clock, no contravention, my story and I am sticking with it.
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cp8759
post Fri, 22 Oct 2021 - 16:12
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QUOTE (DancingDad @ Fri, 22 Oct 2021 - 17:06) *
No requirement for clock, no contravention, my story and I am sticking with it.

+1, between Michelle Dhillon v Leicester City Council and the William Watson decision, the council's position is hopeless.

This post has been edited by cp8759: Fri, 22 Oct 2021 - 16:12


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative party member, this means some people think I am "scum". No, I am not a lawyer. I do not charge any fees, please stop asking me what my fees are.
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