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Parked on double yellow lines, Failed to display blue badge
Karganeth
post Sat, 17 Mar 2018 - 20:42
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My parents were visiting my sibling who is disabled and lives in a location with very few parking spots available. My dad is disabled and the car is registered under disability so they always park on a side road with double yellow lines as he cannot walk long distances. This time though my parents forgot to display the badge. When they came back they were surprised to see the PCN but not so surprised after they both noticed they forgot to display the blue badge. They acknowledge it is their fault but feel frustrated due to the fact that a minor mistake like that is going to cost them 65 quid which is going to be a struggle to pay.

Anywho my mother wrote an appeal explaining the car is registered disabled and that this was a genuine mistake, basically a one off that has never happened before. She got a response today stating " that the badge must be displayed otherwise the traffic warden wont know if you have a right to park." So they are still pushing the PCN..

I cannot argue with the response she received and my parents expected to be futile. Should they just take it on the chin and pay or is it too risky to appeal further?

This post has been edited by Karganeth: Sun, 18 Mar 2018 - 17:52
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post Sat, 17 Mar 2018 - 20:42
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Karganeth
post Fri, 4 May 2018 - 01:03
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QUOTE (DancingDad @ Sat, 28 Apr 2018 - 14:04) *
I assume you got a copy from TH.... good.

That challenge says everything needed except "please exercise your discretion and cancel in this instance" (or similar) but the intent is clear.
For my money that challenge put that with the rejection and there is no evidence of consideration, just bland phrases to try to say they did.


Yes we received a paper based copy of it. Today we received the NTO, which we've been nervously awaiting. To clarify DancingDad are you suggesting that I send the same appeal again with the NTO? Should I be ticking the procedural impropriety? Do I need to write a separate letter stating that discretion wasn't exercised?

Thanks in advance! smile.gif

This post has been edited by Karganeth: Fri, 4 May 2018 - 01:46
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cp8759
post Fri, 4 May 2018 - 01:59
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First things first, show us the NtO (all pages), redacting just name/address.


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Karganeth
post Sat, 5 May 2018 - 17:44
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QUOTE (cp8759 @ Fri, 4 May 2018 - 01:59) *
First things first, show us the NtO (all pages), redacting just name/address.


Okay, done as requested. Thanks again.



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cp8759
post Mon, 7 May 2018 - 12:36
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There is a minor flaw in the NtO but nothing that would help in these circumstances.

I would make formal representations on two grounds. Firstly, the vehicle was being used by a blue badge holder, it was a one off mistake, and would the council please exercise discretion to cancel.

Secondly, I would challenged the PCN on a procedural impropriety, namely that you asked the council to exercise discretion at the informal representations stage, but the council unlawfully fettered its discretion by stating that because the PCN was correctly issued, it must demand payment of the penalty charge.

This is a clear failure to consider because while at the informal representations stage you did not dispute that the CEO had correctly issued the PCN, the informal representations were a request to the council to exercise discretion to cancel in light of information which would not have been available to the CEO at the time. The council was therefore wrong to conclude that it "must" demand payment of the PCN, as the council clearly had a discretion to decide whether to cancel the PCN or not in light of the information submitted as part of the informal representations. In failing to exercise that discretion one way or the other, and asserting it "must" demand payment of the PCN, the council has unlawfully fettered its discretion and this amounts to a procedural impropriety. It follows that the PCN must be cancelled.

Obviously submit a copy of the blue badge. Please note the formal representations must be submitted by whoever is named on the NtO.


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Karganeth
post Sun, 13 May 2018 - 00:26
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QUOTE (cp8759 @ Mon, 7 May 2018 - 12:36) *
There is a minor flaw in the NtO but nothing that would help in these circumstances.

I would make formal representations on two grounds. Firstly, the vehicle was being used by a blue badge holder, it was a one off mistake, and would the council please exercise discretion to cancel.

Secondly, I would challenged the PCN on a procedural impropriety, namely that you asked the council to exercise discretion at the informal representations stage, but the council unlawfully fettered its discretion by stating that because the PCN was correctly issued, it must demand payment of the penalty charge.

This is a clear failure to consider because while at the informal representations stage you did not dispute that the CEO had correctly issued the PCN, the informal representations were a request to the council to exercise discretion to cancel in light of information which would not have been available to the CEO at the time. The council was therefore wrong to conclude that it "must" demand payment of the PCN, as the council clearly had a discretion to decide whether to cancel the PCN or not in light of the information submitted as part of the informal representations. In failing to exercise that discretion one way or the other, and asserting it "must" demand payment of the PCN, the council has unlawfully fettered its discretion and this amounts to a procedural impropriety. It follows that the PCN must be cancelled.

Obviously submit a copy of the blue badge. Please note the formal representations must be submitted by whoever is named on the NtO.


Firstly thank you CP8759 for taking the time to instruct me on what I should do.
So just to ensure that I'm going about this the right way I hope you can clarify something for me.

So in regards to the formal representation that you mentioned I should make, do I just attach the original informal appeal without changing anything?
Or include the original appeal but write a separate formal representation stating the two grounds for appeal as you say, which are
" it was a one off mistake, and would the council please exercise discretion to cancel." and the procedural impropriety were they
failed to exercise discretion by demanding payment, while linking the informal appeal
directly to the formal representation?

Apologies if what I'm asking is confusing.
Is there anything else I am missing and should I post the formal representation here for assistance?

Thank you!

This post has been edited by Karganeth: Sun, 13 May 2018 - 00:28
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cp8759
post Sun, 13 May 2018 - 12:30
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Post a draft here, I never saw your original reps so can't say if they need to be amended.


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Karganeth
post Tue, 22 May 2018 - 11:05
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QUOTE (cp8759 @ Sun, 13 May 2018 - 12:30) *
Post a draft here, I never saw your original reps so can't say if they need to be amended.


Sorry for the lengthy time it took to respond.

Your version of the procedural impropriety is perfect. I wouldn't know how to write anything close that would resemble your version of the challenge and so I thought I could use it instead?
The formal appeal is below in a quote bubble on the two grounds as you mentioned.


QUOTE
PCN Ref:

Dear Sir/Madam,

I will be formally challenging the above PCN on the grounds which I will be detailing below.

Firstly I originally made an informal appeal which was rejected on the grounds that "while you may have a disabled badge; Civil Enforcement Officers will generally not take this into consideration without clear evidence because motorists can easily abuse this action as a reason to avoid payment or an excuse to park illegally". I am disabled and do have a blue badge which on this occasion I forgot to display. While I understand that some may claim to have a blue badge when they do not to avoid payment I am in genuine receipt of the blue badge scheme. I also included my badge number in the appeal to provide proof which I believe was ignored as the correspondence I received indicated "I may", leading me to believe that this was not taken into consideration. Also I'm not in the habit of using this as an excuse and so I urge you to please consider exercising discretion to cancel.

Secondly I asked for the council to exercise discretion in my informal representation, instead the council unlawfully fettered its discretion by stating that because the PCN was correctly issued, it must demand payment of the penalty charge. This is a clear failure to consider because while at the informal representations stage you did not dispute that the CEO had correctly issued the PCN, the informal representations were a request to the council to exercise discretion to cancel in light of information which would not have been available to the CEO at the time. The council was therefore wrong to conclude that it "must" demand payment of the PCN, as the council clearly had a discretion to decide whether to cancel the PCN or not in light of the information submitted as part of the informal representations. In failing to exercise that discretion one way or the other, and asserting it "must" demand payment of the PCN, the council has unlawfully fettered its discretion and this amounts to a procedural impropriety. It follows that the PCN must be cancelled.


I've also attached the informal appeal to this post if it helps.

This post has been edited by Karganeth: Thu, 24 May 2018 - 14:20
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cp8759
post Sun, 27 May 2018 - 18:33
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Yes I would submit that as formal representations and see what they come back with.


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