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PCN - Parking In Restricted Street (Blue Badge)
wbm0
post Sun, 3 Mar 2019 - 16:55
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Hello - a blue badge and clock were displayed and the vehicle was in this position for a short period. The blue badge holder needed to use the bathroom (a result of the condition that triggered the issue of the blue badge). This the first time the blue badge has ever been used for parking on yellow lines.








CEO's photos:







The PCN refers to "parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force.

The CEO's third photo shows a vacant bay on the other side of the street - an attempt to demonstrate there was a "legal" place to park? Yet there were were signs on the opposite side of the street saying parking suspended, but these are excluded CEO's photo. Not sure whether the PCN's use of 'restricted street' refers to these temporary restrictions.

I have browsed the local authority's "discretion policy":
https://www.birmingham.gov.uk/downloads/fil...scretion_policy

Page 6 (MC2) refers to specific mitigating circumstances for blue badge holders, although MC17 most accurately describes the situation here:

QUOTE
Stopped to use the toilet
On production of satisfactory medical evidence confirming a relevant medical condition and in support of the circumstances described to explain why a legal parking place was not used.
Where there are other specific mitigating circumstances requiring the case to be assessed on its individual merits.


MC25 refers to the reasonable assumption of a grace period before the ticket was issued. The CEO only observed the vehicle for one minute, according to the PCN.

The rear of the PCN says they will "usually" offer the discounted period following an unsuccessful challenge, so hopefully they will do so in this case should it be unsuccessful. Any advice would be gratefully received. Thanks in advance.

This post has been edited by wbm0: Sun, 3 Mar 2019 - 16:57
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post Sun, 3 Mar 2019 - 16:55
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DancingDad
post Sun, 3 Mar 2019 - 17:10
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Parked not only on Double Yellows but where loading blips (hence loading restriction) applies.
Which the BB does not give exemption for.

Seems to be on this corner?
https://www.google.co.uk/maps/@52.4732275,-...3312!8i6656
So the kerb blips will be new.
Which makes me wonder if there is a post sign giving the loading times and if the relevant Traffic Order has been updated.

Or if the council is relying on CPZ signs ?
https://www.google.co.uk/maps/@52.4723852,-...3312!8i6656

This post has been edited by DancingDad: Sun, 3 Mar 2019 - 17:13
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stamfordman
post Sun, 3 Mar 2019 - 17:26
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Seems discretion policy will get this one cancelled, plus you can say you are new to BB parking on yellow lines and didn't realise the significance of or see the kerb blips, which may possibly also be challenged as DD says.

This post has been edited by stamfordman: Sun, 3 Mar 2019 - 17:26
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cp8759
post Sun, 3 Mar 2019 - 22:33
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You might also want to check whether there's a timeplace nearby confirming what the hours of the loading restrictions are.


--------------------
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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DancingDad
post Sun, 3 Mar 2019 - 22:45
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QUOTE (cp8759 @ Sun, 3 Mar 2019 - 22:33) *
You might also want to check whether there's a timeplace nearby confirming what the hours of the loading restrictions are.



I suspect that there may not be.
But TBH, do not know that there has to be.

It is something that has bugged me for some years with Birmingham CPZs, they all include No Loading on the zone entry signs, an example of a relevant one is linked above.
Within many Brummie CPZs there are single and double yellow lines with no kerb blips, to me that means there are no loading restrictions.
Here there are kerb blips, single ones which means a timed loading restriction, does the CPZ entry sign count??
Here is another example, single kerb blips, no local time plate, within City Centre CPZ
https://www.google.co.uk/maps/@52.4764496,-...3312!8i6656

This post has been edited by DancingDad: Sun, 3 Mar 2019 - 22:46
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wbm0
post Wed, 6 Mar 2019 - 18:21
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Thanks for the responses.

Should a reference be made to the vacant bay that was photographed? Or was this solely taken for the street sign? Hopefully the point won't be made that there was a vacant bay opposite (suspended parking - sign out of shot).

Having looked at other threads, it seems an FOI can be made in relation to the CPZ. Is this required here?

Apart from that, the appeal will say something along the lines:
QUOTE
The blue badge holder required the urgent use of a bathroom as a result of their condition. Evidence of the medical condition is attached. This appears to be covered by MC17 of Birmingham City Council's Civil Parking Enforcement document, "Guidelines for the consideration of of Challenges and Representations against Penalty Charge Notices."

This was additionally the first time the blue badge had been used and the implications of the kerb markings were not known. The vacant parking bay pictured by the CEO opposite was in a suspended parking zone and there were no other legal parking places available.


How does that sound? Anything to consider adding? Thanks!
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cp8759
post Wed, 6 Mar 2019 - 19:59
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That seems fine, let's see what they say.


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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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wbm0
post Thu, 14 Mar 2019 - 12:02
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Response received - they say that for consideration to be given they want a Doctor's note confirming the blue badge holder suffers from the condition and to confirm that symptoms include "the ones described in your initial correspondence."
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DancingDad
post Thu, 14 Mar 2019 - 12:10
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Talk to your doctor.
When a council asks for some proof, it often means that they are ready to cancel but want something they can file.
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cp8759
post Thu, 14 Mar 2019 - 14:06
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QUOTE (DancingDad @ Thu, 14 Mar 2019 - 12:10) *
Talk to your doctor.
When a council asks for some proof, it often means that they are ready to cancel but want something they can file.

Indeed, if you provide what they ask for they will almost without doubt cancel the PCN.


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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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wbm0
post Fri, 15 Mar 2019 - 20:20
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Thanks both. They were provided with a copy of a CT scan which is very clear about the condition and the poor prognosis. They want a doctor's note to confirm the patient suffers with the symptoms on the scan report.

Since they're being unreasonable with someone who has a terminal illness, will they meet the cost of the doctor's note? Which is about the same as the discounted PCN...

This post has been edited by wbm0: Fri, 15 Mar 2019 - 20:20
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stamfordman
post Fri, 15 Mar 2019 - 20:32
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Do you have some existing correspondance signed by a doctor that shows the existence of the condition? Also, if this is the NHS you should be able to get a free note -you could prepare something and ask the practice receptionist to get a practice doc to sign it while you wait.
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DancingDad
post Fri, 15 Mar 2019 - 20:55
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Like I said, talk to the doc or surgery and see what they can suggest to avoid cost of the note.

Worst case is get doc to countersign prognosis already sent and send it again.
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