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#Post#: 32228--------------------------------------------------
Parked on a single yellow without a blue badge clock
DIR By: PCN ticket
Date: August 4, 2024, 5:23 pm
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Hi
I was wondering if I could get some advice please.
I got a ticket for being parked on a single yellow with a blue
badge displayed but forgot to display the clock also.
I did not know that I had to also display the clock with the
blue badge as I only received the badge on 29/4/24 and displayed
it at night before as I could not find parking space and did not
know the rules of the blue badge.
Also my 7 year old son was diagnosed with cancer (leukemia) on
17/3/24 and been in and out of hospital regularly for treatment
etc.
I did appeal but was rejected
Please see attached letter
HTML https://ibb.co/wR9L3f8
HTML https://ibb.co/JsPCRKY
Thanks
#Post#: 32230--------------------------------------------------
Re: Parked on a single yellow without a blue badge clock
DIR By: roythebus
Date: August 4, 2024, 5:32 pm
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Can you post the PCN (both sides) and any letters to and from
the council.
#Post#: 32233--------------------------------------------------
Re: Parked on a single yellow without a blue badge clock
DIR By: slapdash
Date: August 4, 2024, 5:54 pm
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Have you received the notice to owner yet ?
If not, have you checked the online system of the authority for
the status (Ie has the NTO seemingly got lost in delivery).
What were you doing (with your son if he is the badge holder
which seems likely) when you got the PCN.
This may help in crafting a robust representation.
Rereading the book that came with the badge will help you
understand the rules better for future use.
Are you the registered keeper of the vehicle and is it
registered to your correct current address?
Please get the V5c out and look at it.
#Post#: 32239--------------------------------------------------
Re: Parked on a single yellow without a blue badge clock
DIR By: fraser.mitchell
Date: August 4, 2024, 6:32 pm
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So, you have received the Notice to Owner. Any reason why you
didn't just pay the discount as advised in their letter
rejecting your informal representations ?
Anyway, it is highly recommended that you now submit a formal
representation against the NtO rather than just paying-up. We
need to see the PCN and also the text of your informal
representation, please. I find their usual Fob-Off refusal
letter exceptionally harsh and would put that in your formal
reps, bearing in mind you had just been granted the Blue Badge.
If they again refuse and demand the full PCN penalty, you have
nothing to lose by taking them to London Tribunals.
#Post#: 32245--------------------------------------------------
Re: Parked on a single yellow without a blue badge clock
DIR By: sparx
Date: August 4, 2024, 8:19 pm
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A quick Google search of the street (Is it Prusom St, London?)
shows the restrictions to be 0830-1730 Mon-Fri.
The alleged offence was at 1027, meaning that without a clock,
on that single day, you could only have been parked for a max of
1 hour 57 minutes.
Whilst I don't think this would be a slam dunk on its own (my
relative had a similar situation with no clock on a SYL, but
there were underlying order issues), it might be a point to add
to your formal reps too depending on what others think.
#Post#: 32366--------------------------------------------------
Re: Parked on a single yellow without a blue badge clock
DIR By: sparx
Date: August 5, 2024, 6:13 pm
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Further info from my relatives thread: I had forgotten the clock
was actually displayed but incorrectly set. However, PASTMYBEST
did provide a previous allowed appeal for no clock displayed
(however, it was a 3 hour restriction, but as above you could
not have stayed longer than 1 hour 57m as the clock is 12 hours
only).
HTML https://web.archive.org/web/20230629114647/http://forums.pepipoo.com/index.php?showtopic=130914
--- Quote ---
> 2160217310
>
> Mr Simmonds appeared before me today for the personal hearing
of his appeal, accompanied by his daughter. He gave evidence in
the same terms as his earlier representations to the Enforcement
Authority and his Notice of Appeal.
> This Penalty Charge Notice (PCN) was issued because Mr
Simmonds’s car was seen parked on a single yellow line in
Totterdown Street at a time when waiting was restricted.
Although a Blue Badge was displayed, no disc or clock showing
the time at which the parking had started was displayed. Mr
Simmonds’ case was that he had in fact only parked for a few
minutes to pick up his dry cleaning, which was supported by an
email from the dry cleaning shop. That would not have given him
a ground of appeal.
> However, I noted that the waiting restrictions that applied to
this particular stretch of the street, according to the Notice
of Rejection and the photographs taken by the Civil Enforcement
Officer (CEO), were from 7am to 10 am and from 4 pm to 7 pm.
This PCN was issued at 6.41 pm, i.e. during the second of those
two periods. (Because the CEOs’ photographs were not very clear,
I looked on Google Street View, and their images are consistent
with those of the CEO, save that the shop outside which Mr
Simmonds’ car was parked has changed from a beauty salon to a
mini cab service.)
> The entitlement of disabled badge holders to park on yellow
lines derives from the requirements imposed on Enforcement
Authorities when drafting their Traffic Management Orders (TMOs)
by the Local Authorities' Traffic Orders (Exemptions for
Disabled Persons) (England and Wales) Regulations 1986 (as
amended by the Local Authorities' Traffic Orders (Exemptions for
Disabled Persons) (England) Regulations 2000). The relevant
parts of Regulation 8 read:
> (2) An order to which this regulation applies shall include an
exemption from the prohibition in accordance with whichever of
paragraphs (3) and (4) is appropriate in favour of any vehicle
displaying a disabled person's badge in the relevant position.
>
> (3) Where the period of the prohibition does not exceed 3
hours the exemption shall be for the whole of that period.
>
> (4) Where the period of the prohibition exceeds 3 hours the
exemption shall be for a period of 3 hours subject to the
conditions that-
> (a) the period of exempted waiting does not begin less than
one hour after a previous period of exempted waiting by the same
vehicle in the same road on the same day;
>
> (b) a parking disc is displayed in the relevant position on
the vehicle marked to show the quarter hour period during which
the period of exempted waiting began.
> In simple terms, this means that where the period of the
waiting restriction does not exceed 3 hours, only the Blue Badge
is required to be displayed; the additional display of the disc
or clock is only required when the period of restriction exceeds
3 hours.
> There is an inconsistency in the Enforcement Authority’s
evidence, in that the CEO’s notes (but not the photographs), the
Case Summary and the extract from the TMO produced by the
Authority refer to the waiting restrictions being from 7 am to 7
pm. It may be that there is a different TMO that provides for
this parking place, with peak hour only restrictions, but in any
event a motorist is entitled to rely on the signs adjacent to
where he parks, and so I decide this case on the basis that the
restriction that applied at this location at the time that Mr
Simmonds parked there did not exceed 3 hours. It follows that
the display of the Blue Badge alone, without the disc, entitled
him to park there.
> The appeal is therefore allowed.
> [I would nevertheless recommend to Mr Simmonds that out of
abundant caution he should always set and display his clock when
relying on the Blue Badge.]
--- End Quote ---
#Post#: 32605--------------------------------------------------
Re: Parked on a single yellow without a blue badge clock
DIR By: PCN ticket
Date: August 7, 2024, 1:56 pm
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Hi there,
Please see attached PCN
HTML https://ibb.co/RHGHxTk
HTML https://ibb.co/QJXfnpX
Unfortunately I did not keep the write up of the informal
representation but I think all I said was what happened and that
I only bought my car the day before and also received the blue
badge and I didn’t know I had to display the clock with the
badge and only found out when I asked a friend if they knew why
I received a PCN and they informed me how to use it.
#Post#: 33267--------------------------------------------------
Re: Parked on a single yellow without a blue badge clock
DIR By: PCN ticket
Date: August 13, 2024, 12:15 pm
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Hi there
Any advice on what I should mention on the representation
#Post#: 37960--------------------------------------------------
Re: Parked on a single yellow without a blue badge clock
DIR By: PCN ticket
Date: September 23, 2024, 12:43 pm
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Hi there,
I made a representation and it got rejected.
Any chance anyone can give some advice as if I should appeal and
if I have a chance of winning the appeal.
I have attached the rejection letter
Thanks
HTML https://ibb.co/sK5RwYt
HTML https://ibb.co/nMmk45X
#Post#: 37962--------------------------------------------------
Re: Parked on a single yellow without a blue badge clock
DIR By: John U.K.
Date: September 23, 2024, 1:07 pm
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--- Quote ---
> I made a representation and it got rejected.
--- End Quote ---
Please post up the represenatation so it can be seen how well
they considered your reps.
HTML https://i.ibb.co/c6b3Fnx/IMG-3853.jpg
HTML https://ibb.co/sK5RwYt
HTML https://i.ibb.co/pjwXN9H/IMG-3854.png
HTML https://ibb.co/nMmk45X
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