Representation Rejected PCN Milton Keynes Council Options

[Baileybear04]

Hi,

I made a representation to MK council for a parking ticket received at Avebury Boulevard. i was parked in a normal space, but was sure I had my disabled badges on show. I appealed on these grounds, and received back a rejection. But in the rejection one line states "The Civil Enforcement Officer did see your disabled badge".
So sureley if they did see the disabled badge, then the representation should have been upheld?

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[stamfordman]

Need to see all details you can get/post - PCN, your challenge, their rejection, google street view, council pics.

Put pics on https://imgbb.com (create an account there) and post BBcode embed links (see below pic).

[Baileybear04]

Hi,I cant find the origional PCN. I emailed them a copy of my blue badge and stated that it was on display. Below are pictures and a copy of their rejection.

https://imageshack.com/a/img923/5412/XObrE4.jpg
https://imageshack.com/a/img922/715/Yj9pP7.jpg
https://imageshack.com/a/img921/8287/nfNLem.jpg
https://imageshack.com/a/img924/7748/8HJa1H.jpg

[stamfordman]

Well presuming thsi is MK central, policy is:

Blue Badge Parking in Central Milton Keynes

Parking with a Blue Badge in Central Milton Keynes
In Central Milton Keynes, disabled drivers may park free of charge in Council Pay and Display bays or reserved Disabled bays for an unlimited period of time provided that a valid Blue Badge is clearly displayed.

I suspect letter should have said did not see the BB. You need to get their pics - see if they are online or call/email them.

This post has been edited by stamfordman: Tue, 20 Nov 2018 - 14:56

[Mad Mick V]

The photos on the NOR don't show a BB.

The OP still has the option to pay at the discount or appeal to TPT.

The only appeal point I can see is the phone surcharge (7p per minute).

Mick

[stamfordman]

I didn't see the last page but now I do the reflections off windscreen make it impossible to tell. I guess it's down to CEO notes.

[cp8759]

Motorists are not required to second guess the enforcement authority. The rejection letter says "The Civil Enforcement Officer did see your disabled badge". It is a requirement that where a motorist's representations are rejected, the NoR must explain why those representations are rejected, see Jaffer Husseyin v Royal Borough of Greenwich (case reference 2170256432):

The Rejection Notice has every appearance of a pro-forma letter and does not deal at all with the representations made. The response required was a very simple one, namely words to the effect that that whilst we accept that you had a permit on display you were not parked in the road to which it applied – see terms of permit. Motorists are entitled to have their representations properly considered and an explanation, even if brief, why they are rejected. I am unable to be satisfied that in issuing this rejection notice the Council had properly performed its statutory duty to consider representations and this amounts to procedural impropriety. The Appeal is therefore allowed.

Absent a proper and intelligible explanation of why the representations have been rejected, the NoR is invalid and a procedural impropriety. The NoR might also be prejudicial. Finally if the council's policy is to allow BB holders to park for free, that policy is binding on the council and they cannot resile from it.

stamfordman, where did you find that policy? I couldn't find it online after a quick search.

[stamfordman]

Blue Badge Parking in Central Milton Keynes

https://www.milton-keynes.gov.uk/highways-a...l-milton-keynes

[cp8759]

Baileybear04 I think you have a pretty compelling case, but it's not my money so you have to decide if you want to fight it. If you do, I will write an appeal for you.