DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 17774--------------------------------------------------
Re: PCN for using Blue Badge to collect autistic child
DIR By: slapdash
Date: March 19, 2024, 10:34 pm
---------------------------------------------------------
Your original plan was to meet your wife and child, who you
expected to be there as arranged. Go back to your car with your
son and accompany him to sensory centre.
During the course of that events transpired to derail those
plans. These particular things had to be dealt with immediately.
You dealt with the fallout of those as the CEO was making things
even more difficult.
The fact you could have made different arrangements is not
relevant.
You were entitled to use the badge. You weren't parking up,
going to do things for yourself and then meeting them later.
I assume the V5c is in your name and has the correct address. A
quick check would be prudent to avoid the possibility of the
notice to owner going to the wrong address.
#Post#: 17776--------------------------------------------------
Re: PCN for using Blue Badge to collect autistic child
DIR By: Neil B
Date: March 20, 2024, 3:02 am
---------------------------------------------------------
--- Quote from: Turbulent-Pack-447 link ---
>
> [quote author=Incandescent link=topic=1502.msg17769#msg17769
date=1710893114]
> Totally and utterly, wrong. Wrong, WRONG !!!!
>
--- End Quote ---
That's what has since really upset me, you'll see on the
Informal Appeal denial letter that they make the same point with
some very confusing wording. I think his exact words on the day
when I said "But I thought it was okay to use a badge if you're
picking someone up?" were "No the badge holder has got to be
present on both legs of the journey"
[/quote]
I just had a brief read through ad there seems to be a repeated
theme. Despite assurances from several members you continue to
worry about what the council and the CEO said; why?
Meanwhile, we are still waiting to see the PCN (in full) and the
text of your initial challenge.
You can reassure your wife that such matters are not dealt with
in 'court'. IF the council are foolish enough to reject a formal
challenge then the matter goes to adjudication by the Traffic
Penalty Tribunal, which does not incur any additional costs.
Hearings are relatively informal and can be conducted over the
telephone if you wish.
I suspect it won't get that far anyway.
#Post#: 17778--------------------------------------------------
Re: PCN for using Blue Badge to collect autistic child
DIR By: Turbulent-Pack-447
Date: March 20, 2024, 3:22 am
---------------------------------------------------------
--- Quote from: Neil B link ---
>
> I just had a brief read through ad there seems to be a
repeated theme. Despite assurances from several members you
continue to worry about what the council and the CEO said; why?
--- End Quote ---
I am sorry if I sound ungrateful, I am autistic myself and
trivial things like this can upset me immensely and I can get
quite fixated. I am so thankful for everyone's advice and
solidarity and I feel much more reassured.
I have misplaced the PCN itself stupidly, I am continuing to
search for it but it's not in the car where I thought it was. I
was so distressed and rattled at the time. I have shared the
informal rejection letter which is currently all I have.
I have never been in this kind of situation before. I am worried
that they will report me to the badge issuing office for misuse
of the badge and this would lead to a fraud criminal record and
cost me my job. My biggest concern is that if I make the wrong
move at this stage (ie. "just pay the fine") it'll condemn me in
the future as it will look like I have admitted to using the
badge for my own benefit.
#Post#: 17779--------------------------------------------------
Re: PCN for using Blue Badge to collect autistic child
DIR By: Pastmybest
Date: March 20, 2024, 3:28 am
---------------------------------------------------------
Stop worrying i will deal with this for you just post the NTO
when you get it
#Post#: 17781--------------------------------------------------
Re: PCN for using Blue Badge to collect autistic child
DIR By: Turbulent-Pack-447
Date: March 20, 2024, 3:44 am
---------------------------------------------------------
--- Quote from: Pastmybest link ---
>
> Stop worrying i will deal with this for you just post the NTO
when you get it
>
--- End Quote ---
Thank you so much. I will do.
#Post#: 17818--------------------------------------------------
Re: PCN for using Blue Badge to collect autistic child
DIR By: Turbulent-Pack-447
Date: March 20, 2024, 8:34 am
---------------------------------------------------------
--- Quote from: Pastmybest link ---
>
> Please post the PCN your challenge and the response in full so
we can help.
>
--- End Quote ---
I found the PCN! I dismantled my glove box and found that it had
fallen internally behind the middle part of the dashboard.
Unbelievable.
[attachment deleted by admin]
#Post#: 17825--------------------------------------------------
Re: PCN for using Blue Badge to collect autistic child
DIR By: fraser.mitchell
Date: March 20, 2024, 9:14 am
---------------------------------------------------------
Apart from the fact the PCN should never have been served in the
first place, it is also flawed because it does not contain all
the information mandated in the regulations: -
CHAPTER 1
Information to be included in regulation 9 penalty charge
notices and enforcement notices
Information about right to make representations or appeal to be
included in regulation 9 penalty charge notices and enforcement
notices
3.—(1) A regulation 9 penalty charge notice must include the
following information—
(a)that a person on whom a notice to owner is served may, in
accordance with these Regulations, make representations to the
enforcement authority against the penalty charge and, if those
representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations
against the penalty charge are received at such address as may
be specified in the notice for the purpose those representations
will be considered by the enforcement authority;
(c)that if a notice to owner is served despite the
representations mentioned in sub-paragraph (b), representations
against the penalty charge must be made to the enforcement
authority in the form and manner and at the time specified in
the notice to owner.
HTML https://www.legislation.gov.uk/ukdsi/2022/9780348232752/part/2/chapter/1
#Post#: 17846--------------------------------------------------
Re: PCN for using Blue Badge to collect autistic child
DIR By: H C Andersen
Date: March 20, 2024, 11:20 am
---------------------------------------------------------
OP, I don't want to place more burdens upon you, but at present
I cannot follow your account entirely.
And as regards the events, the authority might well be sceptical
about why, when you live next to the school, you arranged for
your wife to bring your son to a different location, presumably
within walking distance and therefore no distance by car,
instead of just driving to the school/your house which must be
far more convenient and a safer place to make the exchange than
a shop on a High Street.
Sorry to mention this, but it's a glaring issue because at no
time did the holder of the BB actually appear and all the CEO
managed to do was to speak to an unknown person on the phone.
If there's an obvious reason to not meet at the house - perhaps
you don't live there any more or whatever - then I think you
might need to reveal. Alternatively, if the PCN omits the
mandatory info then you could lead with this and outline the
collection issue which would give them the opportunity to cancel
other than by accepting that their printed PCNs are defective.
And as regards 'the PCN should never have been issued', the car
was not used within the conditions applicable to parking in a
disabled bay, all we have is your account of your intentions.
But why should the authority simply accept this without
supporting evidence, and what evidence would convince them?
From the school perhaps...'at approx. *** on ** a call was made
to ****, the nominated contact person for ***, one of our
pupils, advising/requesting ** and it was agreed that *** would
collect him from school early..'
#Post#: 17855--------------------------------------------------
Re: PCN for using Blue Badge to collect autistic child
DIR By: Turbulent-Pack-447
Date: March 20, 2024, 12:16 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
> a different location, presumably within walking distance
--- End Quote ---
The meeting place is a twenty or so minute drive away and I was
closer to there at the time than I was to home.
--- Quote ---
> But why should the authority simply accept this without
supporting evidence, and what evidence would convince them?
--- End Quote ---
I appreciate you raising this and I'm concerned about gathering
evidence as I find this very stressful. The school should be
able to back the situation up and my employer should be able to
confirm that I didn't come in that morning as planned because I
had to pick up my son. The phone call wasn't anonymous, I showed
him the contact on the screen. I'll see what I can get together.
#Post#: 18624--------------------------------------------------
Re: PCN for using Blue Badge to collect autistic child
DIR By: ivanleo
Date: March 30, 2024, 7:18 pm
---------------------------------------------------------
I have requested the traffic order, last time we had one of
these in Herefordshire it turned out the traffic order for the
bay didn't exist.
*****************************************************
Page 2 of 4
DIR Previous Page
DIR Next Page