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#Post#: 13627--------------------------------------------------
PCN Waltham Forest Code 40 Parked in disabled bay without badge
DIR By: samislango
Date: January 12, 2024, 3:53 am
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I'm in Waltham Forest and my street requires permits between
10am and 4pm. We have a blue badge and a disabled bay which the
car is usually parked in, so we apply for the blue badge
exemption each year. This enables us to park on the road or in
the bay without having to display the badge. This expired on the
10th and I have been speaking to the council to get it validated
since the 9th.
Meanwhile, I displayed the blue badge between 10am and 4pm,
totally forgetting that the disabled bay isn't covered by the
same timings. Lo and behold I received a PCN at 7am this
morning.
Link to images attached.
Any help would be greatly appreciated.
HTML https://ibb.co/album/rKfbp6
#Post#: 13659--------------------------------------------------
Re: PCN Waltham Forest Code 40 Parked in disabled bay without
badge
DIR By: Pastmybest
Date: January 12, 2024, 10:44 am
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get and post all the council photos
#Post#: 13662--------------------------------------------------
Re: PCN Waltham Forest Code 40 Parked in disabled bay without
badge
DIR By: H C Andersen
Date: January 12, 2024, 11:11 am
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?
Blue badges last for 3 years.
The restriction is not timed, does not have max. length of stay
therefore if you are parked in a BB bay you can do so just by
displaying the badge itself.
Therefore 'Meanwhile, I displayed the blue badge between 10am
and 4pm, totally forgetting that the disabled bay isn't covered
by the same timings. Lo and behold I received a PCN at 7am this
morning.'
You removed your BB or was it still visible?
At present, I can't follow the account.
Also, I've never heard of 'a blue badge exemption, but you hold
and were displaying one anyway!
#Post#: 13664--------------------------------------------------
Re: PCN Waltham Forest Code 40 Parked in disabled bay without
badge
DIR By: samislango
Date: January 12, 2024, 11:37 am
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I've updated the link with all the pictures.
As a Blue badge holder I can apply for an annual blue badge
resident permit. This means I don't need to display the badge to
park on my road.
The badge was not on display overnight while the car was parked
in the disabled bay.
#Post#: 13670--------------------------------------------------
Re: PCN Waltham Forest Code 40 Parked in disabled bay without
badge
DIR By: Pastmybest
Date: January 12, 2024, 1:04 pm
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So if your exemption had expired then you can only ask for
discretion as a BB holder entitled to the pass. But then if the
want to play hardball the PCN states the wrong period for
payment saying date of service whilst the regulations state date
of contravention most times these will be the same but not
always and has won at tribunal
#Post#: 13735--------------------------------------------------
Re: PCN Waltham Forest Code 40 Parked in disabled bay without
badge
DIR By: samislango
Date: January 14, 2024, 4:18 am
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Thanks, I will lodge representations. However knowing WF they
will reject it.
#Post#: 13774--------------------------------------------------
Re: PCN Waltham Forest Code 40 Parked in disabled bay without
badge
DIR By: Hippocrates
Date: January 15, 2024, 4:56 am
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Hang on. Please show us your draft first.
#Post#: 13777--------------------------------------------------
Re: PCN Waltham Forest Code 40 Parked in disabled bay without
badge
DIR By: samislango
Date: January 15, 2024, 5:07 am
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--- Quote from: Hippocrates link ---
>
> Hang on. Please show us your draft first.
>
--- End Quote ---
I sent this message earlier today.
Good morning,
I have received a PCN for parking in the disabled bay outside my
house.
I am in the process of applying for a blue badge permit. I was
waiting on the V5c document to be sent by Motability operations.
This is a new requirement which is why I wasn't able to get the
permit on time.
I have attached a copy of the blue badge for your information.
The permits team have given me this email and have told me to
explain that I am applying for a permit, in the hopes the PCN
will be cancelled.
Please can you kindly let me know if the PCN will be cancelled.
#Post#: 13781--------------------------------------------------
Re: PCN Waltham Forest Code 40 Parked in disabled bay without
badge
DIR By: Hippocrates
Date: January 15, 2024, 5:31 am
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Good morning,
I have received a PCN for parking in the disabled bay outside my
house.
I am in the process of applying for a blue badge permit. I was
waiting on the V5c document to be sent by Motability operations.
This is a new requirement which is why I wasn't able to get the
permit on time.
I have attached a copy of the blue badge for your information.
The permits team have given me this email and have told me to
explain that I am applying for a permit, in the hopes the PCN
will be cancelled.
Furthermore, the PCN itself contains a procedural error that
invalidates it. Schedule 2 paragraph 2 states
(d)that the penalty charge must be paid within the period of 28
days beginning with the date on which the alleged contravention
occurred; but, the PCN I received states that payment is due
within 28 days from the date of service, not the date of the
alleged contravention. This discrepancy constitutes a procedural
impropriety that renders the PCN invalid. I refer you to the law
@:
HTML https://www.legislation.gov.uk/uksi/2022/71/schedule/2
In view of the above, please cancel the PCN.
#Post#: 13833--------------------------------------------------
Re: PCN Waltham Forest Code 40 Parked in disabled bay without
badge
DIR By: Pastmybest
Date: January 16, 2024, 3:10 am
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I would not use the technical argument at this stage you are
asking them to use discretion so don't antagonise them
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