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#Post#: 115409--------------------------------------------------
Re: PLEASE help my Legal Challenge against Redbridge Council.
DIR By: Unhappyprince9
Date: April 9, 2026, 4:06 am
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Dear All,
I have tried to summarise and I understand some specific
information may be missing.
I hope you are all well. I am hoping I can rely on your support
with my legal challenge against Redbridge Parking Enforcement.
With the help of a few representatives from Redbridge Council I
have been investigating the use of discretion by RC for parking
PCNs, since August 2025. More specifically towards disability.
My own experience, where Redbridge agreed my disability had led
to the contravention but nonetheless refused to apply their
discretion. The appeal to the Tribunal was always a forgone
conclusion as the Tribunal does not have any authority to cancel
a PCN in discretion matters.
Importantly, changes in policy regarding disability and PCNs has
been agreed and is awaiting implementation. I have also made
some progress with FOIs - but still working on this.
In short, RC has denied they use their discretion unfairly and
there is no legal requirement on them to prove this. Hence the
legal challenge.
Help Needed:
I am looking for examples where discretion has been used to
cancel a PCN where, a disabled badge was not displayed, the
timer was incorrectly set and even where an expired badge was
used.
I am aware of many instances PCNs are cancelled for the above,
but at the moment I only have one example (PCN Number).
I am waiting on one more FOI Request, as I have had to find a
way to meet the threshold and thankfully the FOI team have been
extremely helpful in working with me. After this, I will be
ready to make a legal challenge but having individual examples
will help as we are trying to hold Redbridge accountable.
If you have any questions please feel free to ask.
End - The struggle and effort has resulted in changes to policy
which will benefit 1000s of disabled drivers. However Redbridge
Parking Enforcement must still be held accountable as a public
body and especially with the amount of revenue which is being
generated without any transparency.
Thank you for your time.
#Post#: 115426--------------------------------------------------
Re: PLEASE help my Legal Challenge against Redbridge Council.
DIR By: Ex CPS here
Date: April 9, 2026, 7:26 am
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You are really trying to force Redbridge either to change or
lawfully re-take its disability-related discretion decisions on
PCNs, because that is what unlocks accountability beyond your
own ticket and avoids the dead end of arguing mere sympathy
before the parking tribunal. I assume that is the real target,
not just cancellation of one live PCN. If that assumption is
wrong, and your own PCN is still within the appeal chain, the
first forum is London Tribunals, but the adjudicator cannot
allow an appeal on mitigation, meaning personal excuse, although
compelling circumstances can be referred back to the council.
On the facts you give, the strongest route looks like public law
challenge by judicial review, meaning the High Court checks
whether a public body acted lawfully, rationally and with proper
regard to disability, rather than re-deciding the parking
merits. The burden of proof is on you, meaning you must show
enough evidence, and the standard is the balance of
probabilities, meaning more likely than not. Your best point is
not "they should have been kinder". It is "their discretion was
applied in a way that may have failed to take disability impact
properly into account, despite equality duties requiring real
consideration of how policies and decisions affect disabled
people". A later policy change helps, but it is not an
admission. One example is useful; a pattern is what moves the
dial.
Your prospects today are arguable, and could become realistic if
the last FOI produces dated comparator cases showing
non-disabled or similar error cases were cancelled while
disability-linked cases were not, or showing no coherent
criteria at all. They fall back to weak if all you have is your
own case plus a policy change with no clear paper trail. A judge
will care about contemporaneous records: representations,
rejection reasons, internal policy wording, equality
assessments, FOI returns, and any documents showing how officers
were told to exercise discretion. Noise will be general anger
about revenue unless you can tie it to evidence.
Expect Redbridge to say each case is fact-sensitive, discretion
is individual, the tribunal was the alternative remedy for the
PCN itself, comparator data is incomplete, and any flaw is now
overtaken by policy reform. Those points get stronger if you are
out of time, if your comparators are anecdotal, or if you cannot
show what decision is actually being challenged. What
independent, dated material do you have now beyond your own file
and one PCN number? Are you willing to carry High Court cost
risk if this becomes a principle fight? What outcome short of
"winning" would satisfy you: cancellation, apology, published
criteria, training, disclosure, or a fresh decision?
Move quickly. Judicial review must be brought promptly and in
any event within 3 months of when the grounds first arose, so
pin down the exact decision or policy date now. Send one tight
pre-action letter focused on the disability point, the evidence
gap, and the remedy sought; preserve every document; and when
the final FOI arrives, test whether it proves pattern rather
than suspicion. If the timing is already tight, or Redbridge
threatens mootness or alternative remedy, get urgent public law
advice at once.
#Post#: 115484--------------------------------------------------
Re: PLEASE help my Legal Challenge against Redbridge Council.
DIR By: Hippocrates
Date: April 9, 2026, 4:23 pm
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Traffic Management Act 2004 Section 87 comes into play which
states they MUST have regard to the Statutory Guidance.
#Post#: 115498--------------------------------------------------
Re: PLEASE help my Legal Challenge against Redbridge Council.
DIR By: Unhappyprince9
Date: April 10, 2026, 2:47 am
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Thank you so much for this message, as probably the first
conversation I have had around this with clarity.
I will get back to you as I have missed out key points from my
post, thinking that it would be information overload. But
grateful for this conversation.
K
#Post#: 115505--------------------------------------------------
Re: PLEASE help my Legal Challenge against Redbridge Council.
DIR By: tincombe
Date: April 10, 2026, 4:42 am
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Do you have a live PCN? If not, then IMO this part of the forum
is not appropriate.
Please also post the council's current parking enforcement
policy and copies of their most recent Annual Parking Reports.
If you don't have these, then you're starting from the wrong
place IMO.
#Post#: 115926--------------------------------------------------
Re: PLEASE help my Legal Challenge against Redbridge Council.
DIR By: Unhappyprince9
Date: April 15, 2026, 3:14 am
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1) It is purely based in disability discrimination where appeals
have not given consideration where the contravention is linked
to disability.
2) My PCN was just what started this and I went to the Tribunal
knowing that my appeal would be refused. However the adjudicator
said the website change and a few examples of where PCNs have
been cancelled in similar facts to mine would have helped.
3) The website change is after I compiled a list of councils who
have clear guidance around disabled badge related
contraventions.
4) My FOI requests haven't given me what I really needed. This
was the appeal data related to disability related mitigation. As
this would require going through each case, which would take 2
mins each. For 2 codes 6 months of 2025 there were a total of
2600 PCNs.
This was also the case for appeal data for just mitigating
circumstances. What I was able to get the appeal data under two
codes related to the disabled badge for 2024/2025 - again not
knowing what grounds they were appealed on... In short based on
40 and 87
1) How many were appealed, irrespective of the "grounds"
1091
2) How many were successful on first appeal.
43
3) How many were refused on first appeal.
1038
4) How many were appealed a second time.
287
5) How many were successful on second appeal.
81
6) How many were refused on second appeal
185
I think I will request the total number of PCNS for each year as
this would provide better context. I can link this to the policy
that other councils have on their website around disabled
badges.
But I feel like I am clutching at straws.
5) Due to not being able to access specific data I decided that
I could possibly find examples of where discretion has been
applied for badge related errors by asking around - I can only
cite two examples but there are plenty, hence reaching out
online.
6) Contact with Redbridge Parking Enforcement has been made by
MP and councillors. We have only received the generic response
as you have correctly said.
A) It was asked if the discretion policy around disability would
withstand a legal challenge - to which they replied yes.
B) Head of Enforcement replied with generic response related to
IAS. Equality actions taken before the appeal but disability
grounds cannot over-ride the legal framework.
C) Still awaiting equalities impact assessment report.
7) From your last paragraph, I think a Pre action letter would
be the way. As I have done everything possible as a concerned
resident. I cannot get any coherent data. My first option was
now writing to the Ombudsman. As you correctly said the onus is
on me to provide the evidence.
8) My aim after the second rejection was to bring about change
on the website at the very least. Which I am so glad was agreed
and last correspondence was that it has been added - but to date
still hasn't.
The only case I found which gave me motivation was a Scottish
one. Where an appeal to the upper tribunal decided that by not
considering the disability was incorrect. Here is the link.
More importantly, disability related errors should get the
discretion it deserves. Many as we can see do not appeal, many
are wrongfully fearful that they may lose their badge, some
probably don't even know they can appeal.
If Redbridge had a clear framework like other councils who will
cancel a PCN in these circumstances - I wonder about how much
revenue was generated from vulnerable residents.
The help I recieved from MP's and Councillor was because they
rightly agreed that there is no clear and consistent policy. I
had to emphasise my PCN is irrelevant and I would like to see
disabled residents protected.
End Note:
My main aim is for policy change however questions need to be
answered. Redbridge Parking Enforcement must be held accountable
as only they decide their use of discretion for
disability-related appeals, unchallenged. Ultimately they can
refuse every appeal as even if a Tribunal upholds an appeal,
they can only make recommendations. So are disabled drivers
purely at the mercy of Redbridge Parking Enforcement.
Are Redbridge Parking Enforcement profiting from someone else's
misfortune?
Thank you so much for your post as it has given me a lot of
clarity and also helped plug holes in my overall argument.
My next is writing to the Ombudsman with written support from
councillors. Who thankfully have taken this on with me.
I look forward to your thoughts. Apologies about the delay.
#Post#: 115934--------------------------------------------------
Re: PLEASE help my Legal Challenge against Redbridge Council.
DIR By: tincombe
Date: April 15, 2026, 4:14 am
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You seem to be hell bent on attacking this your way. C'est la
vie.
IMO, you are approaching the issue in the wrong manner. Set out
below is an extract from the Secretary of State's Statutory
Guidance to which ALL councils with enforcement authority powers
must have regard:
An authority has a discretionary power to cancel a PCN at any
point throughout the process. It can do this even when an
undoubted contravention has occurred if the authority deems it
to be appropriate in the circumstances of the case.
Under general principles of public law, authorities have a duty
to act fairly and proportionately and are encouraged to exercise
discretion sensibly and reasonably and with due regard to the
public interest. Failure to act in accordance with the general
principles of public law may lead to a claim for a decision to
be judicially reviewed.
Enforcement authorities have a duty not to fetter their
discretion, so should ensure that PNCs, NtOs, leaflets and any
other advice they give do not mislead the public about what they
may consider in the way of representations.
They should approach the exercise of discretion objectively and
without regard to any financial interest in the penalty or
decisions that may have been taken at an earlier stage in
proceedings.
Authorities should formulate (with advice from their legal
department) and then publish their policies on the exercise of
discretion. They should apply these policies flexibly and judge
each case on its merits. An enforcement authority should be
ready to depart from its policies if the particular
circumstances of the case warrant it.
My emphasis.
IMO, get their policy by asking for it. Once you get it, you
have the starting point for your investigation.
And note, the policy is the council's, NOT parking's. The
officers employed* in this department are bound by the policy;
it is not 'discretionary' whether they apply it or not.
And, as already suggested, get copies of their Annual Reports,
maybe for the last 2-3 years, and see how their use of
discretion has been reported.
*- which includes any contractors involved in the process of
'consideration of challenges and representations'.
Link to the Guidance:
HTML https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions#training-and-professionalism-in-civil-parking-enforcement
Note that there is a separate section on The Exercise of
Discretion(which refers to on-street activities) and a clear
reference to the requirement to comply with other legislative
imperatives e.g. Equality Act etc, and their public law duty to
act fairly and reasonably.
#Post#: 115938--------------------------------------------------
Re: PLEASE help my Legal Challenge against Redbridge Council.
DIR By: Unhappyprince9
Date: April 15, 2026, 5:09 am
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Thank you so much for your advice and guidance. Perfect I will
start on collecting those documents you mentioned.
I can only apologise if it has come across me following my own
direction on this. I haven't had any guidance on this and have
just been plodding along since August.
On the forum is where I have actually got clear steps in how to
build a worthy case.
I was just overwhelmed with the idea of Judicial Review but as
both have you suggested it is the only way forward.
As you correctly sight the use of discretion is a legal
requirement for all public bodies and my requests to ask how
this is exercised has resulted in general copy and paste
answers.
The PHSO would not cut it.
But for my own sake, are any of the steps I have taken relevant
at all?
But, this is just what I needed to attack this properly.
Will it be OK to keep you posted? Also for advice going forward.
#Post#: 115947--------------------------------------------------
Re: PLEASE help my Legal Challenge against Redbridge Council.
DIR By: tincombe
Date: April 15, 2026, 5:50 am
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I have asked the Moderator whether this should be moved to the
Flame Pit as it would appear that the thread does not involve a
live PCN.
As regards
'But for my own sake, are any of the steps I have taken relevant
at all?'
You clearly have interest, drive and passion..what's not to
admire?
It just needs harnessing and a proper plan created.
#Post#: 115960--------------------------------------------------
Re: PLEASE help my Legal Challenge against Redbridge Council.
DIR By: Unhappyprince9
Date: April 15, 2026, 7:13 am
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Thank you. Very kind of you.
So I've come to the right place! (maybe not the right topic
place).
I will keep you posted.
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