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#Post#: 1311--------------------------------------------------
Parked on double yellows with Disabled badge but still got PCN
DIR By: kodiplod2207
Date: July 14, 2023, 10:23 am
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I parked here:
HTML https://goo.gl/maps/GpnTUZPK4LsU7T8f8
and
displayed my nans disabled badge as I was picking her up.
I understand you cannot park in a loading bay but no where does
it say that it is a loading bay. It is just double yellow lines.
All it says is 'no loading at any time'.
Do I have grounds to appeal? If so could anyone help? This is th
second fine I have had in a month, not having much luck haha!
Thank you!
[attachment deleted by admin]
#Post#: 1353--------------------------------------------------
Re: Parked on double yellows with Disabled badge but still got
PCN
DIR By: ivanleo
Date: July 16, 2023, 7:17 am
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That's not a loading bay, it's a waiting restriction with a
loading ban.
However there is an exemption for boarding or alighting.
Did you nan need help getting to the car?
Where were you picking her up from, and how long did it take?
#Post#: 1379--------------------------------------------------
Re: Parked on double yellows with Disabled badge but still got
PCN
DIR By: guest179
Date: July 17, 2023, 3:37 am
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Post the back of the PCN pl.
#Post#: 1402--------------------------------------------------
Re: Parked on double yellows with Disabled badge but still got
PCN
DIR By: kodiplod2207
Date: July 17, 2023, 9:35 am
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See reverse here:
HTML https://imgur.com/a/ErKa6ST
Sorry for the confusion, I was dropping my nan off to an
appointment. She does need help walking to and from places hence
why I was gone. It was for an appointment.
#Post#: 1425--------------------------------------------------
Re: Parked on double yellows with Disabled badge but still got
PCN
DIR By: ivanleo
Date: July 17, 2023, 4:49 pm
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OK so the boarding / alighting exemption is available. Please
tell us what sort of appointment (nothing detailed, just whether
it was medical, haircut or whatever else) and also where exactly
did she have to walk to?
A look to the exact spot on google street view would be handy as
we can then use that to draft a representation for you.
#Post#: 1444--------------------------------------------------
Re: Parked on double yellows with Disabled badge but still got
PCN
DIR By: kodiplod2207
Date: July 18, 2023, 3:54 am
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It was a nail appointment. This is where she had to walk to:
HTML https://goo.gl/maps/6DtDGF15zFjzvKh36
#Post#: 1464--------------------------------------------------
Re: Parked on double yellows with Disabled badge but still got
PCN
DIR By: John U.K.
Date: July 18, 2023, 2:18 pm
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My post at the thread on Pepipoo
--- Quote ---
> If anyone knows of anywhere online which states the clear
rules regarding this so I can show this to the officer in future
if it does ever happen again!
--- End Quote ---
You are unlikely to encounter a CEO before he's begun to issue
the PCN, gut you need to be up to speed with the Blue Badge
Booklet - Google produce this
HTML [url=http://"
HTML https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england"]https://www.gov.uk/government/publications/...ties-in-england[/url]<br
/>
Note that in London some London boroughs have their own schemes.
Basically, if the vehicle is being used in connection with
transporting the disabled person display the blue badge - but
read the booklet.
As regards exemption for assisted boarding/alighting I managed
to find these
Gould v.Shepway
--- Quote ---
> Roy Gould v Shepway District Council Case SH05045K
>
> Appeal allowed on the ground that the alleged parking
contravention did not occur.
>
> I direct the council to cancel the penalty charge notice and
notice to owner.
>
> Reasons:
>
> The PCN was issued on 13 May 2007 at 13:17 to vehicle WX52AVB
in Harbour Approach Road Folkestone for being parked in a
restricted street during prescribed hours.
>
> This is a personal hearing attended by Mr & Mrs Gould.
>
>
> Mr gould has appealed because he says that the yellow lines
are not enforceable. He has raised other issues concerning the
documentation. He says that at the time he parked in order to
collect a return fare, He says the gentleman was elderly and
suffering from mobility problems. He therefore parked and walked
across the road to the market where the fare was waiting in
order to help him to the vehicle, to assist boarding and to load
his shopping.
>
> I have read the Parking attendant’s notes ans studied the
evidence. On the basis of the evidence presented by both parties
I find as a fact that:
> 1 The vehicle was parked on double yellow lines
> 2 the vehicle was parked for the purpose of assisting a
passenger to board
> 3 The vehicle was parked for the purpose of loading the
passenger’s shopping
>
> 4 the passenger was elederly and under a disability.
>
> An exemption exists in relation to allowing passengers to
board and alight from a vehicle. Whilst that exemption would
normally entail the pavement adjacent to the parked vehicle,
where the passenger is elderly, under a disability or a minor
the exemption extends to taking and / or collecting the person
from the address / location and assisting them to (or from) the
vehicle. It is evident that the part of this process will not
take place within sight of the vehicle thus activity will not be
witnessed.
>
> Whilst the appeal process has centred on other matters I have
elicited the above explanation by way of questioning- I am
satisfied that the responses provided are genuine and credible.
It is evident in the circumstances had been originally
considered irrelevant and thus not explained or explored. A
contrary position is in fact true.
>
> Due to the specific reason and purpose for parking a
contravention did not occur.
>
> I am in the circumstances obliged to allow this appeal.
>
> James Richardson
> Parking adjudicator appointed under s73 RTA 1991.
--- End Quote ---
and this from London Tribunals
--- Quote ---
> 2160249306
>
> heard from the appellant, the driver, at a hearing today. I
entirely accept her account which is supported by a witness
statement of Mr Gary Hutcheson, her ex-partner, and the father
of the 7 month old baby at the centre of the appeal.
>
> The Penalty Charge Notice was issued after a 2 minute
observation period, for the alleged contravention of leaving a
vehicle waiting where a waiting restriction applied, indicated
by a single yellow lien and a timeplate.
>
> In her original representation Ms Yardley pointed out that she
could not read the alleged contravention on the PCN, which is
partly overprinted on standard text. I have seen the PCN, and it
is the case that the text is partially obscured. However it is
insufficiently so as to strike it down.
>
> Ms Yardley did not mention the purpose of her leaving the
vehicle there, and she explains that this was because she did
not realise until later that the waiting restriction applied on
Saturday. That is an adequate explanation for her failure to
mention the purpose of the waiting, which was to drop off her 7
month old at the flat of his father, from whom she is now
separated and with whom she has a strained relationship. She
stayed long enough to hand over the child, his necessary
requirements of for the visit, and to inform the father of the
child's medical condition (conjunctivitis) and the need for
medication.
>
> In my view this brings the purpose of the waiting within the
standard exemption for setting down/picking up. (The Authority
has not provided a copy of the relevant extract from the TMO).
In the case of a baby the exemption must be taken to include the
time necessary for a safe handover to a responsible adult, and
included in that will be such time as it reasonably necessary to
assist the carer in providing for his health and wellbeing. In
any event I accept Ms Yardley's evidence that the whole handover
took no longer than 5 minutes at the outside.
>
> The appeal is allowed.
--- End Quote ---
This thread also worth reading through.
HTML [url=http://
HTML http://forums.pepipoo.com/index.php?showtopic=107440""]http://forums.pepipoo.com/index.php?showtopic=107440[/url]
#Post#: 1490--------------------------------------------------
Re: Parked on double yellows with Disabled badge but still got
PCN
DIR By: ivanleo
Date: July 19, 2023, 3:44 am
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After you dropped her off, did you go back and move the car?
What's the name of the nail place?
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