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#Post#: 49456--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: Enceladus
Date: December 11, 2024, 8:48 pm
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Don't include links to the cases you are using to support your
representation/challenge. They won't use them. Instead save or
print the case documents to PDF files and upload them onto the
Council's challenge system. There'll be an option to do that
somewhere on the challenge portal. Reference the documents in
the text of your representation/challenge, if you want them to
read them.
You can also upload your representation/challenge as a PDF file
to maintain any formatting. Just put in the appeal details box
something like "Please see uploaded file nnnnnn.pdf".
#Post#: 49470--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: stamfordman
Date: December 12, 2024, 4:56 am
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We don't know for sure why you got the PCN, which you would have
found out if you'd sent the simple initial challenge.
I think it's almost certain it's the clock though but I'd add as
a second paragraph:
I forgot to make an informal challenge questioning the PCN but
I'm assuming it was because I did not display the parking clock.
#Post#: 50058--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: TrixBear
Date: December 16, 2024, 6:17 am
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Thank you both for your feedback and tips, I've incorporated
your suggestions. Which of these drafts should I send?
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 the CEO's photographs.
I forgot to make an informal challenge questioning the PCN but
I'm assuming it was because I did not display the parking clock.
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 occurred and the PCN must be
cancelled.
Regards,
OR
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 the CEO's photographs.
I forgot to make an informal challenge questioning the PCN but
I'm assuming it was because I did not display the parking clock.
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).
In the similar appeal cases of ‘Miss Michelle Dhillon - v -
Leicester City Council’ (2019) and ‘Mr William Watson - v - St
Helens Council’ (2020), the adjudicator used these grounds to
rule the alleged parking contravention did not occur.
Therefore, no contravention has occurred in this instance either
and the PCN must be cancelled.
Regards,
#Post#: 50073--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: stamfordman
Date: December 16, 2024, 7:31 am
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You may as well send the second one.
#Post#: 50086--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: TrixBear
Date: December 16, 2024, 8:23 am
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Brilliant, will do. Thanks!
#Post#: 50302--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: Enceladus
Date: December 17, 2024, 9:38 pm
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They won't read the appeal decisions unless you include them in
your representations.
So add to your penultimate sentence In the similar appeal cases
of .... something like Please see the attached appeal notices,
decision1.pdf & decision2.pdf.
#Post#: 50307--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: H C Andersen
Date: December 18, 2024, 2:58 am
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OP, send the reps as suggested.
For others, IMO there remains a fundamental misunderstanding on
this point and I am surprised that the quoted decisions do not
make what I believe is the key link and point arising.
IMO, there is nothing in law which prevents a traffic authority
from imposing a requirement to display a clock in a time-limited
disabled bay, in fact the RTRA provides this power*. Where
authorities go wrong is that in the wording of their orders they
don't impose such a restriction explicitly but instead rely upon
the wording and meaning(in their minds) of '.....BB displayed in
the relevant position..Disabled Persons badges regs..'. But, as
adjudicators have made clear, there is no such requirement in
these words(regs)to display a 'clock' and therefore absent any
other specific reference in an order a clock is not required.
The BB booklet gives advice that it would be prudent for BB
holders to display a clock because when parking the driver does
not know how the relevant traffic order is worded. The
probability is that it simply refers to the regs and therefore
doesn't carry any requirement, but surely(??) authorities will
catch on. In fact, given the adjudication decisions on this
point IMO it is gross negligence for authorities to continue to
issue PCNs on this basis when they should know that their orders
do not support any claim to a penalty.
*- if this wasn't the case then the BB booklet is wrong.
#Post#: 50330--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: stamfordman
Date: December 18, 2024, 4:14 am
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I don't think the OP needs to send the decisions at this stage
as this is an initial challenge that only assumes the clock is
the issue but Hackney will see the OP has done their homework.
The Watson decision does say:
[i]The council may impose further requirements in a TRO as it
has done in this case. The
TRO states that a badge must be displayed in the prescribed
manner and that a parking
disc with the time set to the time of arrival must also be
displayed.[/I]
But the adjudicator defaulted to the 'prescribed manner' despite
the clock in the TRO, and in any case Hackney does not have the
clock in its TRO anyway from what I found.
#Post#: 50356--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: Enceladus
Date: December 18, 2024, 6:12 am
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The OP mentioned the supporting case decisions in the draft.
Since they are referenced they should be included in the text or
attached. Or don't mention them at all.
If the council includes a clock requirement in the TRO then
surely they have to also put up a sign to that effect?
#Post#: 50359--------------------------------------------------
Re: Hackney (Code 40), Parked without displaying disabled
person's badge in prescribed manner, Hillman Street
DIR By: TrixBear
Date: December 18, 2024, 6:51 am
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I already submitted before the suggestions today so I didn't
tell them to 'see attached' in the letter but I did upload them.
Will see what they say and keep you updated.
Thanks all.
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