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#Post#: 59580--------------------------------------------------
Re: Dagenham, Contravention Code 40 in own Disabled Bay
DIR By: Enceladus
Date: February 24, 2025, 8:29 pm
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Apparently LBBD have a courtesy virtual Blue Badge scheme
HTML https://www.lbbd.gov.uk/parking/parking-permits/courtesy-blue-badge.<br
/>So no physical BB required within the home controlled parking
zone, provided the car is registered for the scheme. One car
only per BB.
Is there a virtual BB registered to your car?
#Post#: 59597--------------------------------------------------
Re: Dagenham, Contravention Code 40 in own Disabled Bay
DIR By: stamfordman
Date: February 25, 2025, 4:18 am
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Reps should be on lines of:
- Contravention did not occur.
- Council kindly painted a disabled bay for us in xxxx but our
understanding is this is courtesy bay and has no legal standing
- We don't usually display my blue badge because (not
necessary?)
- Appreciate if council will confirm the status of the bay and
instruct CEOs accordingly
- As PCN issued in error, look forward to cancellation.
#Post#: 59676--------------------------------------------------
Re: Dagenham, Contravention Code 40 in own Disabled Bay
DIR By: mohmmad786
Date: February 25, 2025, 11:55 am
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First of all, thank you very much for helping us fight this PCN.
You don't know how much we appreaciate your help.
mrmustard, Thank you very much for the offer sir. I have taken
all the information from this thread and used the AI to make a
draft. If you feel that we have missed out on anything or we
need to amend the appeal then please let us know.
Dear Sir/Madam,
I am writing to formally challenge the above Penalty Charge
Notice (PCN) on the following grounds:
1. Non-Enforceability of the Bay
The disabled bay in question, installed by the council on my
application [insert number of years] years ago, is a courtesy
bay. It is marked with “DISABLED” on part of the carriageway and
footway; however, it lacks a formal Traffic Management Order
(TMO) and the legally required upright signage. As a courtesy
bay, it holds no legal enforceability. Therefore, the alleged
contravention – for not displaying a Blue Badge – did not occur.
2. Legitimate Expectation Based on Long-Standing Practice
For at least the past 10 years, I have parked my vehicle in this
bay without displaying my Blue Badge. Throughout this period,
the council has never taken any enforcement action against this
practice, creating a legitimate expectation that non-display in
this location is tolerated. The issuance of this PCN without
prior notice or a change in the established local practice is
both unfair and inconsistent with past experience.
3. Inadequate Notice of a Change in Enforcement Policy
I always display my Blue Badge in areas where it is required.
However, because this bay has historically been treated as a
courtesy bay, I have not found it necessary to display the badge
here. Had there been an intention to enforce the requirement for
visible display in this bay, proper notification should have
been provided to residents. It appears that a change in
enforcement policy – potentially due to a new CEO or revised
local practices – has not been communicated in advance.
4. Erroneous Evidence Submitted by the Enforcement Officer
I note that the enforcement officer has included a photograph in
the PCN evidence which shows a “DISABLED” sign. I wish to
clarify that this sign is one that I purchased from eBay for the
purpose of politely reminding our neighbours that “NO PARKING,
disabled resident need this space at all times.” It is not an
official council sign and has no legal standing. The inclusion
of this image suggests that the officer may lack proper training
or understanding of the official signage used by the council.
This erroneous evidence further supports my position that the
PCN has been issued in error.
Request for Confirmation
In light of the above points, I respectfully request that you:
Confirm that the bay is classified as a courtesy bay and, as
such, is not legally enforceable.
Instruct enforcement officers accordingly to reflect this
long-established local practice.
Cancel the PCN as it has been issued erroneously.
I appreciate the benefit this bay provides to my family and me
and would welcome confirmation as to whether the council has
amended its enforcement policy. In the meantime, I shall display
my Blue Badge when parking at this location, although I maintain
that this PCN is invalid given the circumstances.
Thank you for your prompt attention to this matter. I look
forward to receiving your confirmation of cancellation.
Yours faithfully,
What do you guys think?
Once again, thank you very much for your help. <3
#Post#: 59678--------------------------------------------------
Re: Dagenham, Contravention Code 40 in own Disabled Bay
DIR By: stamfordman
Date: February 25, 2025, 12:11 pm
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In my view you don't need anymore than point 1, adding that the
council kindly painted the courtesy bay for you and you put up a
sign bought on eBay...
Point 2 makes no sense - you can't have legitimate expectation
of a condition that doesn't exist, and neither does point 3,
likewise.
It's just a mistake by the CEO.
This is an informal challenge at this stage.
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