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Minniethemoocher
I received a PCN this morning for parking on the road on a double yellow line when I was taking my disabled Mother shopping and displaying her blue badge. She keeps it in one of those leather wallets that open out but she had put it in the wallet displaying the back (with her photo on it) not the front, which I now realise is incorrect, although there is no "front" or back on the badge itself.

I also believe that the clock time of arrival may have been out by 10 minutes, as I didn't have my watch on and used my clock in the car, forgotting that it is 10 minutes fast, so I put the time of arrival at 10:45am when it was about 10:35am, as the clock face is on the badge is only divided up into 15 mins. The PCN states that from 10:35 to 10:41 the following parking contravention occured - Contravention Code 01 Parking in a restricted street during prescribed hours.

Is it worth appealing? Am I correct that under the Road Traffic Act 1991/Traffic Management Act 2004, provision has been made for Local Authorities to exercise discretion when a valid disabled parking badge is subsequently produced and that they often do so for a first "offence"/contravention. Is it worth writing to them with a copy of the valid badge, requesting that they use their discretion?

In relation to the clock "offence" I think that it is mean beyond words to penalise someone who has made such a genuine error!!

If I appeal and lose, will I lose the 50% discount for prompt payment?

Thanks in advance for any help and advice! This is my first post, so I hope that it is OK. I will scan in a copy of the PCN if that helps.

Minnie
Glacier2
They normally hold the 50% reduction for prompt payment if your informal appeal fails.

Yes, a council can use it's discretion to cancel a PCN. No harm in writing to them and appealing to their better nature.

A scan of the PCN would be helpful also. Blank out any personal details first.
Minniethemoocher
Hope this works!

Scan of PCN here: http://i38.tinypic.com/1y4z89.jpg

Do you want a scan of the back of it too?
Neil B
Wot glacier said, particularly a scan of the PCN (both sides).

We have actually seen two fairly recent cases where Councils did exercise their discretion in Blue Badge cases.

What Council was this?

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Minniethemoocher
St Albans Council

Here is the back of the PCN http://i34.tinypic.com/am8hlw.jpg
Minniethemoocher
Just found this on the Council's website:

01 Parked in a restricted street during
prescribed hours (yellow lines)

Yellow lines do not need to have time plates if they are located within a controlled
parking zone (CPZ).

Time plates are required if the lines are not within a controlled
parking zone or the hours of operations are different from that of the CPZ.

Double yellow lines require no time plate.

Drivers are allowed to stop for the purposes of picking up or setting down
passengers or to either load or unload.


Check time plates or (zone entry plates within CPZs) for times of operation
of lines.


Blue Badge holders may park on yellow lines for a maximum of
3 hours along with their badge and clock where no other restrictions apply.


A six minute observation period is given for this contravention.
Neil B
My darling browser has finally let me get a look at the back of that PCN - and it's tosh!

In the paragraph headed "If the penalty charge is not paid or challenged ---"

"If you challenge this PCN but the Council issues a NtO anyway, the owner may follow the instructions on the NtO."

Was that a text message or something? What is an NtO to a layman?

Bigger issue is that it is non-compliant with 'The Civil Enforcement of Parking Contraventions (England) Represenations and Appeals Regulations 2007' Part 2 Para 3 (2) (b) which says that they should state >>  

(2) A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information—

(a)
that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and



(b)
that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—



(i)
those representations will be considered;



(ii)
but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.



So it's not a case of 'may' follow the instructions but, specifically, must follow the instructions. A layman could easily interpret this to mean they may make reps in another form.

Neither do they actually say that early reps will be considered - which they are required to. They only hint at it by mention of rejected challenges.

-

Thoughts anyone cos first time I've pulled one on this matter.??

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Minniethemoocher
Well, I have submitted my appeal, I will cut "n" paste it on here and let you know when I hear back!
Minniethemoocher
I won!!!!

They cancelled the PCN, sent me a snotty letter saying that they wouldn't cancel it again if I displayed the badge the wrong way round, but that they would cancel it on this occaision.

Thanks for all the advice and help.
bama
well done. write back and thank them, assure them you will be most vigilant in fulfilling your statutory blue badge duties. then ask them if they have fixed their crappy PCNs (which I bet they don't say a word about in the letter to you).

oystermouth1
I would definitely appeal this PCN for two reasons. Once you appeal the clock stops ticking on your ticket, they can't just keep ramping it up. Secondly a genuine error should be appealable. As for the clock part I wouldn't worry too much about that. What proof have they that the wardens watch was accurate at the time of the offence? the clock only gives an indication, it's not meant to record Atomic time. If everything fails take the story to the local paper - they just love things like this.
southpaw82
QUOTE (oystermouth1 @ Mon, 25 Aug 2008 - 08:29) *
I would definitely appeal this PCN for two reasons. Once you appeal the clock stops ticking on your ticket, they can't just keep ramping it up.


Not necessarily. There is nothing in law to say that it must. It is dicretionary.
clark_kent
QUOTE (oystermouth1 @ Mon, 25 Aug 2008 - 08:29) *
I would definitely appeal this PCN for two reasons. Once you appeal the clock stops ticking on your ticket, they can't just keep ramping it up. Secondly a genuine error should be appealable. As for the clock part I wouldn't worry too much about that. What proof have they that the wardens watch was accurate at the time of the offence? the clock only gives an indication, it's not meant to record Atomic time. If everything fails take the story to the local paper - they just love things like this.



Have I missed something I thought the PCN was cancelled??
Glacier2
It was. wink.gif
Minniethemoocher
Yes, it was indeed cancelled! And as to their crappy wording on the PCN, I'm not planning on telling them - as it may provided a valid reason for someone else or (even me) to to challenge another PCN.....
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