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Daz Clayton
Hi all

your thoughts on this one

my father in law got a ticket and was displaying his blue badge while parked in a disabled bay.

he didn't understand why he got the ticket because of the code 23, so he challenged it via email.

they wrote back saying


03/06/2011,





Dear Sir/Madam,



Re: Notice of rejection of “challenge” – Traffic Management Act 2004

PCN No : TM0

Date Issued : 02/06/2011 14:13:35

Location of Contravention : GREENFIELD STREET, HYDE



I have received your challenge dated 02/06/2011 to the above Penalty Charge Notice and after careful considerations of the circumstances have found no grounds for the cancellation of the charge.







Whilst you have clearly displayed your disabled persons badge and clock in the correct manner, I regret that the disabled badge expired on 9th April 2011 therefore you were unable to park using the allowances of the blue badge scheme. It is the responsibility of the driver of the vehicle to make sure the disabled badge is valid for use. As the disabled persons badge was not valid the Penalty Charge Notice was correctly issued and remains valid and payable.



Please refer to the Blue Badge Scheme booklet on page 9 which states:



Renewing your badge

You can apply for a new badge from your local authority some weeks before it runs out. Do not use your badge if it is out of date or you may be fined.



Your comments regarding the contravention code have been noted, however this is the contravention code for this type of bay when a disabled badge has either expired or is not displayed in the correct manner. As advised above, as your disabled persons badge had expired, you were unable to park using the allowances on the blue badge scheme. The Penalty Charge Notice was correctly issued and remains valid and payable.



You can still take advantage of the discounted charge of £35.00 if you pay within 14 days from 03/06/2011.



If payment is not received by 17/06/2011 a “Notice to Owner” will be sent to the owner / keeper of the vehicle as registered with the DVLA. At this stage the discounted fee will no longer apply and the Penalty Charge Notice escalate to full charge of £70. The Notice to Owner will not be sent to the driver. If you are the driver but not the owner, and you still wish to make formal representations, you are advised to contact the owner who can respond to the Notice accordingly.



If this Council rejects the representations to the “Notice to Owner”, a notice of rejection will be sent with details of the appeal procedure. You cannot appeal to the Independent Parking Adjudicator until the “Notice to Owner” has been issued and formal representations rejected.



Please note that the discounted charge will no longer be available after 14 days and the charge will return to the original £70 if payment is not received within the period.



Yours sincerely,



Sue Marlborough



Clerical Assistant

Parking Services

Tameside Metropolitan Borough Council

Wellington Road

Ashton under lyne

Tameside

OL6 6DL




it was a honest mistake as he had no idea it had expired. he is now in the process of renewing it as we speak.

do they have him over a barrel on this one??

i await your replies

Regards

Daz
southpaw82
Show us the PCN and their full notice of rejection. They are correct in saying that if his badge has expired it is not valid. He will be relying on them making a mistake on the PCN, their notice of rejection or their notice to owner. Also, there may be a mistake in the signing of the bay - photos of the signs and lines would be helpful. Lastly, there may be a mistake in the traffic order creating the bay.
C.E.O.
Code 23 is 'wrong class of vehicle', such as a car parked in a motorcycle only bay

therefore having a disabled badge does not make a difference and the bay would not have been a dsabled bay (as this is code 40)

so either u were parking a a bay not designated for you vehicle or the CEO got it wrong
hcandersen
And although their response is only at the informal stage, I don't think that an adj would take kindly to the council promising to break the law if you don't pay at the discount rate:

Their response states that "If payment (of the discount) is not received by 17 June then a Notice to Owner will be sent to the owner..."

Given that the PCN was served on 2 June then the earliest date on which a NTO may be served in law is 29 June, not 17th.

I know it's only at the informal stage, but this is such a gross error that it might be worthwhile adding this to your formal reps.

And as already stated, a vehicle displaying a blue badge is not a class of vehicle, so the contravention is incorrect in any vent.


HCA

bama
wot HCA said.

rampant muppetry at the council so expect anything. just stick with the process until the council err 'goes away'
diskmandave
A second informal will attract a reply of 'we are unable to change the original outcome' from Tameside..

Suggest a second informal!!
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