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#Post#: 44271--------------------------------------------------
Hackney (Code 40), Parked without displaying disabled person's
badge in prescribed manner, Hillman Street
DIR By: TrixBear
Date: November 6, 2024, 12:56 pm
---------------------------------------------------------
Hey all,
On 4th November, outside Hackney Service Centre on Hillman
Street, I received a PCN for parking in a disabled bay without
displaying a disabled person’s badge in the prescribed
manner.
I did display the blue badge but not the clock.
I go for an appointment there every 1-2 weeks but I don’t
remember noticing the time restriction or displaying my clock
before. I've probably just been lucky not to get fined until now
as I’ve checked on Google Maps Street View and the time
restrictions are clearly displayed.
I suspect I’ll have to pay; however, I thought I’d better check
here first! Can anyone see a way to challenge this before I make
the payment?
I have just noticed the PCN hasn't been
signed by the Civil Enforcement Officer, if that helps..?
PCN and council photos:
HTML https://imgur.com/a/OTcvX3d
Location:
HTML https://maps.app.goo.gl/KMvtsw1CbVPs3f3o8
Many thanks for your time and advice.
#Post#: 44276--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: Daim456
Date: November 6, 2024, 1:39 pm
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The clock is only required for yellow lines.
You could send in the informal representation.
-----------------------------
Dear London Borough of Hackney,
I have parked on a disabled bay and I have displayed my valid
Blue Badge which is clearly displayed from the windscreen as
shown in CEO's photographs.
No contravention have occured and the PCN must be cancelled.
Regards
XXXX
#Post#: 44298--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: stamfordman
Date: November 6, 2024, 5:00 pm
---------------------------------------------------------
We've had a number of battles with councils on using the clock
in a time-limited bay. Point is bays for general parking don't
require a clock.
This is a 3 hour bay - when did you park and leave? PCN time is
16:30.
So don't pay - one of us will dig out cases on this.
#Post#: 44303--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: TrixBear
Date: November 6, 2024, 5:53 pm
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> We've had a number of battles with councils on using the clock
in a time-limited bay. Point is bays for general parking don't
require a clock.
>
> This is a 3 hour bay - when did you park and leave? PCN time
is 16:30.
>
> So don't pay - one of us will dig out cases on this.
>
--- End Quote ---
Thank you both, seems like it's pretty disgraceful targeting of
'easy targets' from councils. >:( It's great to hear I have a
chance at appeal though!
I arrived 14:55 and left about 16:40/16:45, well within the 3
hour time restriction.
The cases would be helpful, so I'll wait for those before
drafting up my representation.
Thanks again. :)
#Post#: 49028--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: TrixBear
Date: December 9, 2024, 9:04 am
---------------------------------------------------------
Hey,
Just wondering if anyone has found the relevant cases yet, or
should I just send in Daim456's suggested letter of
representation without them?
Thanks for your time!
#Post#: 49035--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: TrixBear
Date: December 9, 2024, 9:21 am
---------------------------------------------------------
Just to add; according to Hackney Council's PCN Portal, it's now
at the Notice to Owner stage with the fine due to increase to
£195.00 on Sun, 12 Jan 2025. I have not yet received the NTO
though.
#Post#: 49042--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: stamfordman
Date: December 9, 2024, 9:38 am
---------------------------------------------------------
You should have challenged but now you should wait for the NTO.
Are you the registered keeper and if so are the name and address
on the V5C logbook correct?
The cases below are key. It's possible Hackney has written a
requirement into its traffic order for the clock but probably
not but even if so the second one says they should still lose.
----------
Miss Michelle Dhillon - v - Leicester City Council
HTML https://drive.google.com/file/d/1SWPQvyFnxTCIkzz4XHjTBhchA8i-hvKm/view
Mr William Watson - v - St Helens Council
HTML https://drive.google.com/file/d/1j3F5-usOqEk4ZeV4WH8vLjOsB6JaMN5G/view
#Post#: 49046--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: TrixBear
Date: December 9, 2024, 9:52 am
---------------------------------------------------------
Ah, ADHD got in the way of me chasing this up sooner! Thanks for
the cases.
It's a Motability car so it's dual registered to both me and the
Motability fleet code. Motability holds the V5C and I've
requested a copy which I'll receive in 3 days, but the details
should be correct.
#Post#: 49066--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: stamfordman
Date: December 9, 2024, 11:11 am
---------------------------------------------------------
Hackney's order:
HTML https://store.traffweb.app/hackney/documents/parkmap/sched/2018-414,%20415.pdf
I can't see it differs from the Leicester case.
#Post#: 49429--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: TrixBear
Date: December 11, 2024, 3:56 pm
---------------------------------------------------------
The details on my V5C all look correct and I've also now
received the Notice to Owner in the post:
HTML https://imgur.com/a/hzVJ5nY
How is this for a draft representation letter?
Dear London Borough of Hackney,
I have parked on a disabled bay and I have displayed my valid
Blue Badge which is clearly displayed from the windscreen as
shown in CEO's photographs.
I did not display my parking clock as I was in a rush to attend
an appointment. However, according to the Disabled Person’s
(Badges for Motor Vehicles) (England) Regulations 2000, this is
not a requirement when parking in a disabled bay.
Regulations 11 and 12 of the Disabled Person’s (Badges for Motor
Vehicles) (England) Regulations 2000 sets out the requirements
for the display of a Blue Badge. There is no reference in the
Regulations to a parking clock or disc.
The only reference to a disc or clock is in the Local
Authorities Traffic Orders (Exemptions for Disabled Persons)
(England) Regulations 2000 where it must be displayed in
circumstances where the display of the badge provides an
exemption from a yellow line waiting restriction (see Regulation
8 ).
Therefore, no contravention has occured and the PCN must be
cancelled.
Regards,
Case References:
Miss Michelle Dhillon - v - Leicester City Council
HTML https://drive.google.com/file/d/1SWPQvyFnxTCIkzz4XHjTBhchA8i-hvKm/view
Mr William Watson - v - St Helens Council
HTML https://drive.google.com/file/d/1j3F5-usOqEk4ZeV4WH8vLjOsB6JaMN5G/view<br
/>
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