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#Post#: 41262--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: October 17, 2024, 12:00 pm
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ok is the above version ok minus the tribunal ref then?
#Post#: 41264--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: October 17, 2024, 12:04 pm
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Have modified slightly - latest version below:
I had parked at this location only to drop-off my disabled
father at his home and was entitled to park there as per the
exemption of transporting a Blue Badge holder (BB enclosed),
which I checked was displayed on the dash.
However, as my father is physically and cognitively impaired, he
needs assistance alighting the car and getting into the house
and I recall him leaning in to get his walking stick and
dragging it along dash and seat to exit the car. I was focusing
on my father's wellbeing (he has restricted mobility and is a
falls risk-medical evidence enclosed) and assisting him into the
house, upon my return I realised one half of the BB had fallen
to the passenger side footwell and I already had a PCN!
Had the CEO checked the side window he may have seen the fallen
BB (there are no side photos). Under the circumstances, please
could you consider discretion?
Note: assisted alighting of a disabled or vulnerable person to
nearby premises is an exemption (should you choose not to
exercise discretion on the BB mishap).
#Post#: 41265--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: H C Andersen
Date: October 17, 2024, 12:10 pm
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I make the point so that your challenge is written in the
correct tone i.e. fact and not opinion led.
The CEO doesn't know anything about your or the passenger's
circumstances and it can be very difficult at times for drivers
to avoid superimposing their knowledge- which often translates
into frustration- into reps.
#Post#: 41268--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: October 17, 2024, 12:23 pm
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OK, but do you think then that it sounds too harsh? I think it
reads ok, except maybe the additional parts added by stamfordman
but they make good points and i dont really know how to soften
these without losing the meaning.
#Post#: 41460--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: October 19, 2024, 6:06 am
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quick question - for grounds do i mark the alleged contavention
did not occur or that there are compelling reasons why it should
be cancelled
#Post#: 41461--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: stamfordman
Date: October 19, 2024, 6:20 am
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Another way to go is to simply to claim the assisted alighting
exemption as it's always best to go for 'no contravention' in
law. This can be backed up by the mishap with the blue badge as
showing you in any case had entitlement to park there.
I don't think it matters though as the way it is now puts them
on notice you have an exemption regardless of the BB mishap.
#Post#: 43477--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: November 1, 2024, 6:22 am
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please see the response from Harrow who have rejected my
representation. Is it worth pursuing this or not?
HTML https://www.dropbox.com/scl/fo/raiuh8ac0h0848ap9lklf/ADzsA7su5XB6-OjZJW7ir_U?rlkey=tmpa21fgivlt7u60u9qsrtbex&st=68cyq92x&dl=0
#Post#: 43489--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: H C Andersen
Date: November 1, 2024, 7:36 am
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IMO,
Your relegated assisted alighting to a footnote (and without any
evidence or detail in support as far as I can see) and they put
it in the metaphorical bin by ignoring it.
By implication the council allow parking by BB holders because
the reply does not state that whether displayed or not makes no
difference.
It's the keeper's choice whether to carry on. But if they do,
IMO prioritise your points:
1. Assisted alighting - if you think the facts fit e.g. need,
time away from vehicle etc;
2. Procedural impropriety - having considered your initial reps,
which in part relied upon the grounds of assisted alighting, and
sent a written reply the authority were obligated to address
this issue in their response. They did not, which on the face of
it is a failure to consider and consequently a procedural
impropriety;
3. Repeat your request for the authority to exercise discretion
as regards the BB which was not displayed as required due to it
being knocked into the footwell when your father exited the
vehicle but which was held, see copy enclosed, and was being
used for a prescribed purpose.
#Post#: 43499--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: stamfordman
Date: November 1, 2024, 8:57 am
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With hindsight we could as I said have led with the alighting
exemption but I thought the discretionary aspect is compelling.
It seems they've rejected it because of a previous cancellation
but this is what is known as fettering discretion. While this is
fine for drivers doing say a silly thing twice such as paying
for the wrong car it isn't where an honest mistake was made
where a disabled person is involved.
I would go on with this and make formal reps to the NTO saying
you did say you had a statutory exemption as noted in your
intiial challenge but also invited Harrow to consider
discretion. Now you would claim the exemption.
But as HCA said we need chapter and verse on whether the
assisted alighting exemption is a solid case.
#Post#: 43504--------------------------------------------------
Re: Harrow PCN Parked in residents bay without valid permit, BB
holder, half of badge fell off dashboard
DIR By: dbcc33
Date: November 1, 2024, 9:27 am
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But if i continue now the penalty doubles right?
Sorry- what do you mean we need chapter and verse on whether the
alighting exemption is a solid case? Do you mean someone here to
clarify this?
And what kind of evidence should i upload regarding the
assistance. I did actually enclose substantive medical evidence
in the form of hospital letters evidencing he is a falls risk,
has balance and mobility and severe breathlnessness and frailty
issues and i enclosed the BB badge. What other evidence should i
include re needing assistance. I suppose i could include that he
is an attendance allowance recipient (where they have
independently assessed his need for care?).
I understand i cant continue to tribunal based on discretion so
i just need to know if the alighting exemption alone is a strong
case or not, because if not im wondering whether to just take
the hit on this.
it's annoying - i think i will sellotape the badge to the window
! it's also annoying that the badge was only in 2 halves as the
holder was so old and disintegrated and the council never
responded to a request to replace it.
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