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PCN Code 40 Parking in Disabled Space w/o Clock
RedDeath614
post Sun, 2 Sep 2018 - 18:15
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Hi all, we got a PCN yesterday for parking in a disabled space, without displaying the clock. Badge was displayed correctly. I came back to car (mum was still in shop) in the interim to find warden issuing a ticket. He then pointed to a sign which said there was a 3 hour time limit for disabled badges in the bay and without a clock, how would anyone know what time we had arrived? He also said I was not the badge owner so refused to discuss anything with me, which was weird. I said we came into town at 6.15pm, his ticket was issued around 6.45pm and we had driven home by 7pm. We have shop receipts to verify the times of our 2x purchases between 6.30-6.50pm but will this help or not? I was calling my mum but she's also hard of hearing so she didn't pick up and the guy had the cheek to allege I was misusing the badge as he could see no disabled person present. I did tell him we would not be paying the ticket and he dismissively said we could contest it.

I'm baffled to see a warden beyond 6pm in the city, however they must be wandering around until midnight.
I'd also say the majority of bays are no longer time limited for blue badge holders, so there is a habit where neither of us check this, but we will of course always use the clock now.

Is there any way to fight it? Can we say we displayed the clock but it had fallen off the dashboard?

Pics of ticket are attached, I can take and upload ones of the street and where we were parked if needed too.


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DancingDad
post Fri, 1 Feb 2019 - 13:53
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QUOTE (cp8759 @ Fri, 1 Feb 2019 - 11:21) *
.........Unfortunately IMO an application for costs will fail because while the council were unreasonable, the threshold for costs is "wholly unreasonable" and I don't believe the adjudicator will find that threshold has been met.


I wish I could say that you are wrong.
But I tend to agree, if only because the bar for costs is not only high but subjective.
However it does no harm to ask.

To me it has to be stressed that the council failed to check on the very basic of an appropriate TRO despite this being pointed out.
This is failing a duty imposed by legislation.
I would also stress that having failed to check (or worse checked) the council then chose to continue enforcement against guidance, not on legislation.
Once again this is basic and especially as they sought to persuade the appellant that was the legal position, acted not only unreasonably but dishonestly.
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Mad Mick V
post Fri, 1 Feb 2019 - 14:34
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Whilst I agree with CP that getting costs would be difficult I would give it a go.

Just have to phrase it differently --more like--- it was unreasonable for the Council to resist this appeal in the light of the appellants specific ground that the TRO omitted reference to a parking clock. Faced with this ground the Council did not investigate this omission neither did they provide any satisfactory rebuttal at any stage of the appeals process. By proceeding to adjudication with no defence against this ground the Council have been wholly unreasonable.

Mick
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