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#Post#: 17833--------------------------------------------------
Re: Leeds City Council PCN Sunday Disabled bay Time clock
"wrong"
DIR By: UKdave
Date: March 20, 2024, 10:33 am
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--- Quote from: Phantomcrusader link ---
>
> [member=1303]UKdave[/member] here are my points that you can
copy and paste.
>
> I concede that when I parked in the disabled badge holder’s
only limited waiting parking place I failed to set the parking
disc clock to show my correct time of arrival. I can advise that
in reality I had not parked for longer than the permitted 4
hours when the PCN was issued. I apologise for this oversight
and acknowledge that by displaying an incorrect time of arrival
it gave ground for your CEO to issue a penalty charge. .....
>
>
>
--- End Quote ---
Sent you a DM. Thank You
#Post#: 17843--------------------------------------------------
Re: Leeds City Council PCN Sunday Disabled bay Time clock
"wrong"
DIR By: Phantomcrusader
Date: March 20, 2024, 11:06 am
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[member=1303]UKdave[/member]. HCA makes a valid point. You can
include a procedural impropriety angle because the code 40
contravention description on the PCN does not match the
description as set out in Annex B to the Secretary of State's
Statutory Guidance. If it were me I'd amend my second paragraph
to read:
--- Quote ---
> However, the incorrectly set parking disc clock did not
invalidate the disabled person’s badge as alleged by the PCN.
The parking place is for disabled badge holder use and therefore
The Local Authorities' Traffic Orders (Exemptions for Disabled
Persons) (England) Regulations 2000 are not applicable here
because I was not claiming any exemption. I do not need
exemption to park in a parking place that is specifically
provided for my use as a disabled badge holder. A wrongly set
parking disc clock does not invalidate the disabled person’s
badge that was displayed. The Local Authorities' Traffic Orders
(Exemptions for Disabled Persons) (England) Regulations 2000
under regulation 3 identifies a disabled person’s badge and
parking disc clock as being independent items and no where do
these regulations stipulate that any failing with setting the
clock invalidates the disabled person’s badge. Consequently, the
alleged contravention did not occur as my disabled person’s
badge was not invalid. I must also point out that the code 40
description used by the Council fails to follow the code 40
description set out in Annex B to the Secretary of State's
Statutory Guidance and this failing is a procedural impropriety
as the Council must have regard to this guidance.
--- End Quote ---
#Post#: 17911--------------------------------------------------
Re: Leeds City Council PCN Sunday Disabled bay Time clock
"wrong"
DIR By: UKdave
Date: March 21, 2024, 5:02 am
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Gentlemen (forgive me for assuming your gender ;D ) ~ as this
great resource often proves, challenging City Hall is not an
exact science.
I live in Leeds, and "Leeds City Council" does not, in fact,
exist ... it's but a collection of buildings staffed by an ever
changing shuffling bolus of flawed humans, on any one day each
may be having a bad one, all bristling with different human bias
& quota pressures & agendas & extreme political affiliations &
ages & experience levels & personal issues
Mistakes are made, of that there is no doubt, right?
Thank you, all contributors, for taking the time to look at my
case & telling me how it looks thru your own individual lenses
I'll let y'all know what happens
#Post#: 18627--------------------------------------------------
Re: Leeds City Council PCN Sunday Disabled bay Time clock
"wrong"
DIR By: ivanleo
Date: March 30, 2024, 8:05 pm
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[member=1303]UKdave[/member] I'd like to apologise for my
previous absence from this thread, this is actually a really
simple case and essentially a replica of Michelle Dhillon v
Leicester City Council (LE00087-1812, 30 January 2019)
HTML https://drive.google.com/file/d/1SWPQvyFnxTCIkzz4XHjTBhchA8i-hvKm<br
/>and William Watson v St Helens Metropolitan Borough Council
(SZ00006-2002, 11 March 2020)
HTML https://drive.google.com/file/d/1j3F5-usOqEk4ZeV4WH8vLjOsB6JaMN5G,<br
/>I was the advocate in both cases.
I gather you have made formal representations, it's not too
important what you said as long as you put something in. If the
representations are rejected I'm reasonably confident I could
win your appeal as well if you wanted to instruct me as your
representative.
Whether you chose to instruct me or do a DIY appeal, please do
not be tempted to pay just because the council tries to tempt
you with the discount.
H C Andersen has been subject of complaints in the private
parking forum and as a result he is now on a posting holiday
till the end of next month, if I had any qualms about whether
the posting holiday was warranted those concerns have been
removed now that I've looked at this thread. This is a really
straightforward case and there really shouldn't have been any
debate around something that is reasonably clear-cut: the
disabled badge was displayed as required by law and that really
is the end of the matter.
#Post#: 18875--------------------------------------------------
Re: Leeds City Council PCN Sunday Disabled bay Time clock
"wrong"
DIR By: UKdave
Date: April 2, 2024, 1:47 pm
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Sir, I am most grateful for this clarification
Should LCC reject the reply I authored to their NTO, I will
indeed proceed to adjudication & would be most grateful for your
insight & input at that time
Also grateful for the links to those precedents / decisions,
which are as you say almost carbon copies of this case
Obliged to you Sir
#Post#: 18886--------------------------------------------------
Re: Leeds City Council PCN Sunday Disabled bay Time clock
"wrong"
DIR By: ivanleo
Date: April 2, 2024, 6:22 pm
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When you get the notice of rejection please post it up on here
and please do not file an appeal without seeking our guidance
first.
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