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PCN 01 for parking on double yellow with Blue Badge
muzammil
post Fri, 11 Jan 2019 - 18:15
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Hi All

I received a PCN for parking on a double yellow partly on pavement.
I had clearly displayed my Blue badge and the timer.
There are no restrictions on the yellow lines and no signs either.
The location is https://www.google.co.uk/maps/@52.6518912,-...3312!8i6656

As I thought it was a merely a mistake, I appealed online along the lines that it is a double yellow as I had clearly displayed my blue badge having come there at around 11:15.
However this was rejected and I received an email with the reply letter and the same pics.

I have gone through guidelines of Blue Badge parking and the general rule about parking on double yellow and unless I am missing something obvious, I do not understand why they have rejected my appeal.

They have also mentioned parking on pavements etc but I dont think the PCN is for that.. and in any case.. parking space is so limited that all in the evening almost the entire street and adjacent streets is parked on pavement.

Any help greatly appreciated.



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post Fri, 11 Jan 2019 - 18:15
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TigerRob
post Wed, 16 Jan 2019 - 17:15
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QUOTE (muzammil @ Wed, 16 Jan 2019 - 17:05) *
Have been to work today so just took a pic of the area that I had parked as I read on the thread that I was too near the dropped kerb.
Well the dropped kerb is not for the pedestrians use and also the kerb is no longer being used as a shop has come up there.
I wanted to upload a picture of this but am having problems as it says file larger than space.
Any advise if this is the cause of the PCN?

Sometimes last year Leicester City had put specific signs of parking on pavement on a parallel road "Doncaster Road" a bigger road than the one I had parked in but non the less, Specific signage was put showing the No Parking on Pavement and also where it ends. I have attached a pic.

I am just a bit nervous regarding waiting for the NtO.. No way I can further approach the parking enforcement to further clarify the PCN?


The PCN is for parking on the yellow lines. Dropped kerbs and pavement parking are irrelevant.

The Blue Badge gives you an exemption for parking on the yellow lines, so long as the badge is correctly displayed.

No need to make it any more complicated.
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Earl Purple
post Wed, 16 Jan 2019 - 17:24
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The car is probably illegally parked by being on the pavement, but with a civil PCN, unless they use the correct code they cannot enforce the PCN.

As they issued a code of 01 it has to be shown to be a restricted street at the time.
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muzammil
post Wed, 16 Jan 2019 - 17:28
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So guessing by your responses.... I shall wait for the NtO

and in the meantime go hunting for the V5C.

Thank you.. will come back with the NtO for further advise

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muzammil
post Tue, 12 Feb 2019 - 11:47
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Hi all

Received the NtO earlier last week. In my name and correct address. Thankfully

So now what course of action do I have as have never had the opportunity to fill on of these before.
Also unable to upload the NtOI due to space issues here. How do I now post it up here?

All help greatly appreciated.
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cp8759
post Tue, 12 Feb 2019 - 11:48
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Upload it to imgur.com or similar and post a link


--------------------
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.
No, I am not a lawyer.
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muzammil
post Tue, 12 Feb 2019 - 12:42
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QUOTE (cp8759 @ Tue, 12 Feb 2019 - 11:48) *
Upload it to imgur.com or similar and post a link


Hi

here is the link

https://imgur.com/gallery/zRjVc9F
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cp8759
post Tue, 12 Feb 2019 - 13:12
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All you need to do is make formal reps on the basis that the alleged contravention did not occur, because a BB and parking clock were correctly displayed.


--------------------
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.
No, I am not a lawyer.
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hcandersen
post Tue, 12 Feb 2019 - 18:29
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But start with an apology IMO.

On viewing the council's photos I can see that my parking was inconvenient and could possibly have caused obstruction. I will be more careful and considerate in future - would be a start!

However, my parking did not give rise to a civil enforcement contravention because my BB provides an absolute exemption to a waiting restriction even when this occurs on the footway, as here. My BB does not cease to have effect simply because I am parked wholly or partly on the footway. The PCN must therefore be cancelled
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muzammil
post Wed, 13 Feb 2019 - 10:26
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QUOTE (hcandersen @ Tue, 12 Feb 2019 - 18:29) *
But start with an apology IMO.

On viewing the council's photos I can see that my parking was inconvenient and could possibly have caused obstruction. I will be more careful and considerate in future - would be a start!

However, my parking did not give rise to a civil enforcement contravention because my BB provides an absolute exemption to a waiting restriction even when this occurs on the footway, as here. My BB does not cease to have effect simply because I am parked wholly or partly on the footway. The PCN must therefore be cancelled



Thank you. for the opening starters. Will try and create a draft for approval here.
I am away next week and coming back on 25th March. Am I correct in my calculation that the deadline for representation is 4th March?

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Enceladus
post Wed, 13 Feb 2019 - 11:07
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Sunday the 3rd March is the deadline.

31/01/2019 = Thurs = Date of NTO and presumed date of posting
04/02/2019 = Mon = 2nd working day after date of posting = date of service = day 1 of 28.
03/03/2019 = Sun = day 28 of 28

In this case I wouldn't push the deadline. Get your formal representations submitted in good time. If you have to post something make sure that you do so 1st class at the post office counter before last post, at least 3 working days before the deadline. So Wed the 27th. Ask for a 'proof of posting' which is free of charge.

I suggest that it's a bit unreasonable for the CEO to take a legible close-up of your badge but none of the clock. So the time set on the clock can't be under dispute.

This post has been edited by Enceladus: Wed, 13 Feb 2019 - 11:14
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hcandersen
post Wed, 13 Feb 2019 - 13:32
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OP, I have just read the Leicester website on the offchance that their (unlawful) approach is the same as my county's, West Sussex, used to be i.e. the nonsense whereby they decide that a BB is not validly displayed if a car is parked within 10m of a junction or, as in your case, on the footway:


Correct display of a Blue Badge and associated parking clock does not necessarily mean that users are exempt from being issued with a PCN. ‘The Blue Badge scheme: rights and responsibilities in England’ booklet, which is issued with the Blue Badge, states that use of the badge does not allow parking in circumstances that “would endanger, inconvenience or obstruct pedestrians or other users”.


Therefore any draft of yours must include the following.

As regards the validity of the BB when a vehicle is parked on the footway, I note that the council's 'Guide to Parking Enforcement in Leicester' is factually incorrect. While it is an offence to drive on to the footway and might also be an offence to remain stationary thereon, in both cases these are not matters that fall within the scope of civil enfocement, they are criminal matters and the reference in the council's guide is misleading on this point. For example, pages 21 and 22 of the Blue Badge booklet set out examples under the heading 'Do not park', and identify that either a fine or a penalty charge could be incurred. But what the guide omits is that for some of the examples only a fine may be issued, including parking 'on the pavement'.
I can understand the council's frustration at not being able to enforce parking on the pavement(other than where waiting restrictions exist and no exemption applies) and I believe that the LGA is currently lobbying Ministers for a change i.e. to ban footway parking throughout the country and not just in London, which is the current position. But this doesn't give the council the right to pre-empt the outcome by claiming that a valid BB is not valid when in law it is, simply so that they can deal with pavement parking by BB holders.

I would suggest that the officer considering these representations seeks advice from their legal services before responding as in any appeal to the adjudicator I would require confirmation on this point.

This post has been edited by hcandersen: Wed, 13 Feb 2019 - 13:34
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muzammil
post Mon, 25 Feb 2019 - 12:01
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Hi all

I have drafted something for the NtO, basically its just copy & paste from hcandersons posts. I am drawing a blank into creative writing at the moment so all help really appreciated.

So here it is:

On viewing the council's photos I can see that my parking was inconvenient and could possibly have caused obstruction. I will be more careful and considerate in future.

However, my parking did not give rise to a civil enforcement contravention because my BB provides an absolute exemption to a waiting restriction even when this occurs on the footway, as here. My BB does not cease to have effect simply because I am parked wholly or partly on the footway. On that basis I would state that the alleged contravention did not occur, because a BB and parking clock were correctly displayed and the PCN should be cancelled.
As regards the validity of the BB when a vehicle is parked on the footway, I note that the council's 'Guide to Parking Enforcement in Leicester' is factually incorrect. While it is an offence to drive on to the footway and might also be an offence to remain stationary thereon, in both cases these are not matters that fall within the scope of civil enforcement, they are criminal matters and the reference in the council's guide is misleading on this point. For example, pages 21 and 22 of the Blue Badge booklet set out examples under the heading 'Do not park', and identify that either a fine or a penalty charge could be incurred. But what the guide omits is that for some of the examples only a fine may be issued, including parking 'on the pavement'.
I can understand the council's frustration at not being able to enforce parking on the pavement(other than where waiting restrictions exist and no exemption applies) and I believe that the LGA is currently lobbying Ministers for a change i.e. to ban footway parking throughout the country and not just in London, which is the current position. But this doesn't give the council the right to pre-empt the outcome by claiming that a valid BB is not valid when in law it is, simply so that they can deal with pavement parking by BB holders.

I would suggest that the officer considering these representations seeks advice from their legal services before responding as in any appeal to the adjudicator I would require confirmation on this point.
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cp8759
post Mon, 25 Feb 2019 - 17:13
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I don't think you need to add anything to that, it gets the point across.


--------------------
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.
No, I am not a lawyer.
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muzammil
post Mon, 25 Feb 2019 - 17:57
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Ok thanks
Will see if any of the others have any views, if not will send it off tomorrow.

Thanks once again to all
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