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FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
Amora
My parents, both registered disabled, are nearing 80 and a couple of times a year they venture from the North to my home on the South Coast for a visit. It's a big deal - expensive, long journey etc. When they came in summer, they got a PCN for parking without a Blue Badge on a Disabled Bay. This was an oversight (my Mum was ill on the way down and we rushed her in when they got her). I didnt realise at the time but she wrote to appeal and explained about the particulary acute but shall we say, delicate, issues she has, hoping they would show some compassion - but no surprise - the Council did not waiver.

Next visit, at Christmas, we went out, and came back to find a car parked half over the disabled space. So we parked partially in the disabled space and partially in the residents bay with the blue badge disabled. Next day when we went to go out, a CEO was ticketing the car. He said that if we had of been there a minute earlier he wouldn't have bothered. He told us to go to the Council Parking Office with some photos and a copy of the Blue Badge and he was fairly sure they would let us of as it was a grey area. He recommended I did this in my name as I am local, rather than my parents. So we did as he suggested, filling in a form, and providing photographs. Today I got a letter complete with photographs from their system saying tough. We can either pay £35 in 14 days or make a formal representation.

The issue that I have that this is a Motobility car and they will send a NIO to the registered keeper, which I believe is Motobility, who will add adminstration charges. I also do not want my parents to get stressed out by this as my Dad in particular is not well at all at the moment. I want to handle this without them having to worry about it, as the last ticket caused my Mum a heck of a lot of anxiety.
However, I cannot see any other way out other than paying the £35.

Shall I put up and shut up?
dave-o
SO make your representation on the strength of the PCN, and direct the council to send any further correspondance straight to you.

Your best bet for getting off this will probably be signs/lines. Got any pics?
Amora
Thanks Dave. I have pics and provided them to the Council with the initial appeal. The photo they have from the CEO shows the sign for the part of the car in a resident's bay and not the disabled bay - although in fairness the two front wheels were in the Disabled and over half of the car in the Resident's Bay. I should have put the disabled badge and a residents visitor permit up, I suppose.
dave-o
Show us the pics and PCN.
Neil B
and the rejection letter please.

Which Council was this?

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Anorak
what was the alleged contravention stated on the PCN?
SuperSparks
BTW, Motability cars are all registered with the DVLA in the user's name, no doubt to avoid having to deal with vast numbers of such requests. So any correspondence would go direct to your parents.
Amora
Thank you for your responses - I think I have finally managed to upload images of the rejection letter and the images I took on the day, which accompanied my Challenge.

I have not been able to scan the PCN but the pertinent details (I hope!) are as follows:

Served on: date
by Civil Enforcement Officer 517
who had reason to believe that the following contravention had occurred and that a penalty charge is now payable.
Parked in a permit space without displaying a valid permit (16).

[img=http://imageshack.us/thumbnmail.png]
[img=http://imageshack.us/thumbnmail.png]


Fingers crossed!
Neil B
QUOTE (Amora @ Thu, 19 Feb 2009 - 16:50) *


Arrrrrgggghhhhhhh! Second one today!!!!! Grrrrr


dave-o
Please host at Tinypic and post directly into the thread.
Amora
Whoops! Did I do wrong?

I had a fight with tiny pics yesterday and lost sad.gif
dave-o
What was the problem? Working out how to copy the URL?
Neil B
You need to use jpg images 

the pdf may have given you a problem with tinypic

Amora
http://tinypic.com/1r51h7r7


I have managed to cut and paste the URL wink.gif
However, I only have a scanned BMP or PDF'd version of the rejection letter which I can't load - grr!

Let me know if these pics are OK.
bama
convert the BMP to a jpeg (use Save As) - use Irfanview (free tool) or similar.
Amora



And finally ... the rejection letter! What a sense of achievement!
dave-o
PCN please, and pictures of the bay, if you can get them.
Amora





Will post PCN later as having browsed the forum I am getting more of an understanding for the kind of things you are looking at.

I have to say that this group gives me hope - I am so fed up with the Big Brother society we are living in, it is good to know that there are people who are not just sitting back and doing nothing.

Thanks to all you beacons of light.
dave-o
Doh! The ends of the bays are very important! Show us please!

Also check measurements:



I don't think that bay is long enough. Note that disabled bays must be at least 6600mm.
Neil B
Yep as Dave says - need to see a bit more - many in Brighton are wrong.

Also - that sign? I see it delineates the disabled bay from the resident bay in front but then there isn't one at the separation on the other side. i find that a bit misleading even if there is a 'residents only' further down. The arrow is pointing to where you are parked and says disabled allowed?

Opinions anyone.

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Amora
Despatching OH with camera and tape measure after breakfast! This is now starting to get very interesting!
watsits
If these are residents bays surley the contravention code should have been 12 (residents permits). Code 16 (Business Permit) is for doctors, church, police or car club bays etc well they are in Manchester. If so you could state the contravention did not occur
derekb
QUOTE (Neil B @ Fri, 20 Feb 2009 - 15:07) *
Yep as Dave says - need to see a bit more - many in Brighton are wrong.

Also - that sign? I see it delineates the disabled bay from the resident bay in front but then there isn't one at the separation on the other side. i find that a bit misleading even if there is a 'residents only' further down. The arrow is pointing to where you are parked and says disabled allowed?

Opinions anyone.

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LOOKS LIKE THE ONLY GROUND FOR APPEAL WILL BE IF THE BAYS ARE THE CORRECT SIZE LAID DOWN IN THE REGULATIONS - THE COUNCILS ARGUMENT THAT YOU CANNOT PARK IN RESIDENTS AREA IS FLAWED AS YOU WASNT PARKED IN A RESIDENTS BAY - THE PROBLEM IS YOU ARE PARKED IN 2 BAYS SO GO FOR IS THE BAYS SIZED CORRECTLY
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