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#Post#: 60643--------------------------------------------------
Lincolnshire County council PCN (40) Not displaying badge in a
valid manner Lumley Road Skegne
DIR By: AnnePN
Date: March 5, 2025, 4:13 am
---------------------------------------------------------
Lincolnshire County Council (40) Parked in a designated disabled
person's parking place without displaying a valid disabled
person's badge in the prescribed manner(40) Parked in a
designated disabled person's parking place without displaying a
valid disabled person's badge in the prescribed manner. Lumley
Road Skegness
2.
I collect eggs for the local food bank and was delayed at the
depot. I was running late for my 9am opticians appointment at
Boots - copy of appointment text in photos. Boots opticians is
in the Hildreds shopping centre a short walk form the parking
bays.
I parked in the disabled bay, put my badge and clock on the dash
board.
Arrived in Boots at 9.12 I was too late for the optician to see
me. I was given a new appointment see photo of text confirmation
received by me at 9.17 I arrived back at my car at 9.22 the
enforcement officer had just put the paperwork in the sticky
envelope. He told me he didn't have to wait he could issue the
ticket immediately as I was in contravention of code 40 etc. I
had mistakenly put 10 o'clock on the clock.
I will appeal as I am not sure how I put 10 o'clock instead of 9
maybe my hand caught the wheel on the clock as I placed it on
the dashboard.
Thank you for the opportunity of getting advice
3.
Penalty Charge Notice Reference: QJ4125144A
Vehicle Registration Number (VRN): FY60AEC
Vehicle Make: Honda
Contravention: (40) Parked in a designated disabled person's
parking place without displaying a valid disabled person's badge
in the prescribed manner
CEO Number: 472
Car Park / Street Name: Lumley Road, Skegness
Date and time of recorded contravention: 4th March, 2025 at
09:21:03
Date / Time of issued notice: 4th March, 2025 at 09:21:03
HTML https://www.google.com/maps/search/lumley+road+skegnessiew+%C2%B7+Google+Maps/@53.1431431,0.3392451,18z/data=!3m1!4b1?entry=ttu&g_ep=EgoyMDI1MDMwMi4wIKXMDSoJLDEwMjExNDU1SAFQAw%3D%3D
PCN
HTML https://imgur.com/a/oq6PiBP
HTML https://imgur.com/a/oq6PiBP
Boots text appt 4/3/25
HTML https://imgur.com/Jyym4Bc
HTML https://imgur.com/Jyym4Bc
Boots text rearranged appt
HTML https://imgur.com/Dj8XPjs
HTML https://imgur.com/Dj8XPjs
Photos on PCN I did not take any of my own
Photo of dash showing blue badge
HTML https://imgur.com/Ij7rSSg
HTML https://imgur.com/Ij7rSSg
HTML https://imgur.com/HXZDPFc
HTML https://imgur.com/HXZDPFc
Photo of rear of car (and me)
HTML https://imgur.com/PCDhV7R
HTML https://imgur.com/PCDhV7R
HTML https://imgur.com/VwRrj2T
HTML http://
HTML https://imgur.com/VwRrj2T
Photo of signage
HTML https://imgur.com/stvLiV2
HTML https://imgur.com/stvLiV2
I hope I have posted correctly
#Post#: 60647--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: jfollows
Date: March 5, 2025, 4:22 am
---------------------------------------------------------
In what way was the badge not displayed in the prescribed
manner?
--- Quote ---
> Manner in which a badge is to be displayed
> 12. For the purposes of section 21(4A) of the 1970 Act a
disabled person’s badge is displayed on a vehicle in the
prescribed manner if–
>
> (a)the badge is exhibited on the dashboard or facia of the
vehicle, or
>
> (b)where the vehicle is not fitted with a dashboard or facia,
the badge is exhibited in a conspicuous position on the vehicle,
>
> so that the front of the badge is clearly legible from the
outside of the vehicle.
>
--- End Quote ---
from
HTML https://www.legislation.gov.uk/uksi/2000/682
Oh, I finally see that you set the clock incorrectly. Sorry.
#Post#: 60684--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: stamfordman
Date: March 5, 2025, 5:51 am
---------------------------------------------------------
The clock isn't mandatory in timed disabled bays and most
traffic orders don't say it is but even if an order is in place
it can still be beaten.
See links in:
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/barking-dagenham-council-code-40-disabled-bay-ticket-no-timer-displayed-clockhou/<br
/>
Best approach an initial challenge asking first for discretion
as there for well less than 2 hours and just noting that the
clock isn't necessary.
Post a draft here first.
#Post#: 60786--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: March 5, 2025, 12:41 pm
---------------------------------------------------------
Thank you for your replies, here is my draft
Dear Lincolnshire County Council,
I parked on a disabled bay and I displayed my valid Blue Badge
which is clearly displayed from the windscreen as shown in CEO's
photographs.
I am the holder of the blue badge, I was parked for less than 15
minutes from 9.12am to 9.22 I had an appointment at 9am at
Boots opticians in the Hildreds Centre Skegness , my journey to
the appointment was delayed because I called at an egg
distribution centre to collect eggs for the local food bank on
my way to Skegness and there was a problem there. I arrived on
Lumley Road Skegness at 9.12, parked in the disabled parking bay
and displayed my blue badge and clock. I was unable to see the
optician and I was given another appointment for Saturday 8
March (photos of text confirmation of appointmentments attached)
I returned to my vehicle to see the CEO placing the PCN on my
car, I was shocked as I couldn’t understand why I was getting
the PCN he pointed out that the time on my clock was 10 am and
it was only 9.22. He had only observed my vehicle for 1 minute
before he issued the PCN I arrived as he was placing the
paperwork in the sticky envelope. It would appear that I did
not display my parking clock with the arrival time of 9.15am
correctly as I was in a rush to attend the appointment. However,
according to the Disabled Person’s (Badges for Motor Vehicles)
(England) Regulations 2000, using a clock 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 I request that the PCN
be cancelled.
Regards,
#Post#: 60794--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: H C Andersen
Date: March 5, 2025, 1:38 pm
---------------------------------------------------------
I'd change.
PCN *******
I am making representations against this PCN on the grounds that
the penalty exceeds the amount applicable in the circumstances
of the case. My detailed reasons are set out below, but before
going into these I would add by way of background that I parked
in the bay, displayed my blue badge and was stationary for less
than 30 minutes. I displayed my parking clock out of habit
rather than by virtue of any legal obligation.
I understand that the County Council's traffic order requires a
parking disc to be displayed in this bay in addition to a blue
badge being displayed in the prescribed manner. However, the
contravention grounds state that I was parked without displaying
a disabled badge in the prescribed manner and do not refer to
the parking disc despite this being the only issue between us.
What the authority are attempting to do is to broaden the
specified contravention grounds which refer only to a Blue Badge
to include a parking disc.
This is not lawful because the grounds include two terms defined
in legislation, namely disabled badge holder and badge displayed
in the prescribed manner, and amending these for the council's
own purposes is not permitted. That the TRO requires a parking
clock is not at issue, the council's problem is how they may
enforce this within the limits set by legislation and the
Secretary of State's Statutory Guidance, and using this
contravention description is not an option.
In addition, there is no requirement to display a parking clock
stated on the traffic sign and this is because the sign used is
of the form specified by Ministers in the Traffic Signs etc.
Regulations and therefore compliant with the council's LATOR
duties. However, for the same reasons as above it does not lie
with the council to use this sign to convey a different bespoke
restriction i.e. that because you have placed a time limit on
use of the bay this necessarily conveys an additional,
non-prescribed, meaning namely that a parking clock must be
displayed in the same manner as applies to yellow line waiting
restrictions.
#Post#: 60819--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: stamfordman
Date: March 5, 2025, 4:57 pm
---------------------------------------------------------
Bear in mind this is an informal challenge - I would shorten it
no harm done.
#Post#: 60830--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: Phantomcrusader
Date: March 5, 2025, 6:51 pm
---------------------------------------------------------
You should not have to pay. I suggest including this with HC
Andersen's submission.
By issuing a code 40 PCN the penalty charge exceeds the amount
applicable in the circumstances. The parking place is a limited
waiting parking place albeit that only disabled badge holders
can park within it. Due to the parking disc clock time of
arrival it would have been appropriate for your CEO to issue a
code 30 PCN for being parked for longer than permitted. This
contravention is a lower penalty charge of £50.00. The wrong
contravention description was used and consequently the council
is wrongly seeking £70.00 from me.
There is also an Equality Act issue that the Council has a duty
to consider. Regular limited waiting bays don't require the
display of a parking disc clock. By making disabled people set
and display a clock is treating them different to able bodied
people who park in a regular limited waiting bay and it creates
a situation where disabled people have a higher chance of making
an error such as the clock falling off or being set incorrectly.
Timings should be based on CEO observations the same as a
regular limited waiting bay. There is no need to give the
disabled the extra burden of setting and displaying a clock. I
believe that the Council is unlawfully treating disabled people
differently from able bodied people and I ask you to reconsider
your approach to disabled badge holders only limited waiting
parking places.
Important to note here that The Local Authorities' Traffic
Orders (Exemptions for Disabled Persons) (England) Regulations
2000 do not apply to parking places reserved for disabled badge
holders. Badge holders do not need exemption to park in parking
places provided specificly to disabled badge holders.
#Post#: 60836--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: March 6, 2025, 12:34 am
---------------------------------------------------------
Thank you you are amazing!
I was mulling my PCN overnight wondering why is it that all the
‘normal’ 30 minute wait bays did not need to display a clock but
disabled drivers in a disabled bay (were under the impression
that they) need to. Note, it is probably good practise to
display a clock to avoid confusions as to where to display
I know it was suggested to minimise my response but I feel that
LCC really need to hear all of this. This is my amended draft I
am happy to clip if advised to.
Thank you in advance
Dear Lincolnshire County Council,
I parked on a disabled bay and I displayed my valid Blue Badge
which is clearly displayed from the windscreen as shown in CEO's
photographs.
I am the holder of the blue badge, I was parked for less than 15
minutes from 9.12am to 9.22 I had an appointment at 9am at
Boots opticians in the Hildreds Centre Skegness , my journey to
the appointment was delayed because I called at an egg
distribution centre to collect eggs for the local food bank on
my way to Skegness and there was a problem there. I arrived on
Lumley Road Skegness at 9.12, parked in the disabled parking bay
and displayed my blue badge and clock. I was unable to see the
optician and I was given another appointment for Saturday 8
March (photos of text confirmation of appointmentments attached)
I returned to my vehicle to see the CEO placing the PCN on my
car, I was shocked as I couldn’t understand why I was getting
the PCN he pointed out that the time on my clock was 10 am and
it was only 9.22. He had only observed my vehicle for 1 minute
before he issued the PCN I arrived as he was placing the
paperwork in the sticky envelope. It would appear that I did
not display my parking clock with the arrival time of 9.15am
correctly as I was in a rush to attend the appointment. However,
according to the Disabled Person’s (Badges for Motor Vehicles)
(England) Regulations 2000, using a clock is not a requirement
when parking in a disabled bay.
I am making representations against this PCN on the grounds that
the penalty exceeds the amount applicable in the circumstances
of the case. My detailed reasons are set out below, but before
going into these I would add by way of background that I parked
in the bay, displayed my blue badge and was stationary for less
than 30 minutes. I displayed my parking clock out of habit
rather than by virtue of any legal obligation.
I understand that the County Council's traffic order requires a
parking disc to be displayed in this bay in addition to a blue
badge being displayed in the prescribed manner. However, the
contravention grounds state that I was parked without displaying
a disabled badge in the prescribed manner and do not refer to
the parking disc despite this being the only issue between us.
What the authority are attempting to do is to broaden the
specified contravention grounds which refer only to a Blue Badge
to include a parking disc.
This is not lawful because the grounds include two terms defined
in legislation, namely disabled badge holder and badge displayed
in the prescribed manner, and amending these for the council's
own purposes is not permitted. That the TRO requires a parking
clock is not at issue, the council's problem is how they may
enforce this within the limits set by legislation and the
Secretary of State's Statutory Guidance, and using this
contravention description is not an option.
In addition, there is no requirement to display a parking clock
stated on the traffic sign and this is because the sign used is
of the form specified by Ministers in the Traffic Signs etc.
Regulations and therefore compliant with the council's LATOR
duties. However, for the same reasons as above it does not lie
with the council to use this sign to convey a different bespoke
restriction i.e. that because you have placed a time limit on
use of the bay this necessarily conveys an additional,
non-prescribed, meaning namely that a parking clock must be
displayed in the same manner as applies to yellow line waiting
restrictions.
There is also an Equality Act issue that the Council has a duty
to consider. Regular limited waiting bays don't require the
display of a parking disc clock. By making disabled people set
and display a clock is treating them different to able bodied
people who park in a regular limited waiting bay and it creates
a situation where disabled people have a higher chance of making
an error such as the clock falling off or being set incorrectly.
Timings should be based on CEO observations the same as a
regular limited waiting bay. There is no need to give the
disabled the extra burden of setting and displaying a clock. I
believe that the Council is unlawfully treating disabled people
differently from able bodied people and I ask you to reconsider
your approach to disabled badge holders only limited waiting
parking places.
#Post#: 61886--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: March 11, 2025, 8:04 am
---------------------------------------------------------
Thank you for your help so far. The challenge has been rejected,
please see the details below. I look forward to reading your
further advice
Lincolnshire County Council
Dear Mrs
11/03/2025
NOTICE OF REJECTION OF INFORMAL CHALLENGE
The Traffic Management Act 2004; The Civil Enforcement of Road
Traffic Contraventions (Approved Devices, Charging Guidelines
and General Provisions) (England) Regulations 2022; The Civil
Enforcement of Road Traffic Contraventions (Representations and
Appeals) (England) Regulations 2022
Penalty Charge Notice Number: QJ4125144A Vehicle Registration
Number: FY60AEC Date of Issue: 04/03/2025
Location: Lumley Road, Skegness
Thank you for your challenge, received in respect of the above
Penalty Charge Notice. After careful consideration of your
informal challenge, I have found no grounds for the cancellation
of the charge.
A Penalty Charge Notice (PCN) was issued due to your vehicle
being parked in a designated disabled person's parking place
without displaying a valid disabled person's badge in the
prescribed manner. The Civil Enforcement Officer (CEO) observed
your vehicle at 09.20 on 04/03/2025. A disabled badge and time
clock were on display; however, the time clock displayed a time
later than when your vehicle was observed. No permitted activity
was witnessed and as such, a PCN was issued.
I have noted the comments within your challenge, however, not
displaying the time clock only applies in car parks where badge
holders may park for free and does not apply to on street
limited wait disabled bays. The blue badge scheme clearly states
this in the booklet received upon getting a blue badge.
Link
here,
HTML https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-<br
/>england
HTML https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-<br
/>england
Ultimately, it is the motorist’s responsibility to ensure that a
valid badge and time clock (set to the quarter hour period
during which the vehicle arrived) are correctly displayed when
parking their vehicle. The officers use this to determine
whether the vehicle has overstayed the prescribed limited wait
time. When the time is set later than when the officer observes
the vehicle it invalidates the blue badge. This is an instantly
issued penalty. Therefore, the penalty was issued correctly and
remains outstanding.
Lincolnshire County Council PO Box 1329
Lincoln
LN5 5TL
Contact: Notice Processing Phone: 0333 370 5007
Additionally, the council do not believe there is an equality
act issue to consider. Limited wait bays for non-blue badge
holders are also monitored by recording the vehicle registration
and tyre valve positions, whereas blue badge holder bays require
the time clock to be set when the bay has a limited wait.
Unfortunately, these rules are set by central government.
I am able to re-offer the discounted amount of £35.00 if payment
is received within 14 days by 25/03/2025 . Please note that the
discounted charge will not be available after this date and the
original charge of £70.00 will apply if payment is not made in
time. Please see below for details of how to pay.
HOW TO PAY
By telephone: 24hr payment line (credit/debit card): 0333 370
4644, select option 1
On the Internet: (credit/debit card):
www.lincolnshire.gov.uk/parking
By Post: For postal payment please send to Lincolnshire County
Council, PO Box 1329, Lincoln, LN5 5TL. Please ensure that you
include the PCN Number with your payment and make your cheque or
postal order payable to APCOA Parking UK Ltd. Cheques are banked
by APCOA. All penalty charge income is then paid to Lincolnshire
County Council in full. If a receipt is required a stamped
addressed envelope must be enclosed.
PAYMENT IN FULL WILL CLOSE THE CASE
If you are not satisfied with the decision in this letter and
wish to take matters further and make formal representations
against the Penalty Charge, please do not make payment, but wait
for a “Notice to Owner” which will be sent to the owner/keeper
of the vehicle as registered with the DVLA. If you are the
driver, but not the owner and wish to make formal
representations, you are advised to contact the owner who can
respond to the Notice on your behalf.
If representations to the “Notice to Owner” are not accepted, a
‘notice of rejection’ will be sent with details of the appeal
procedure. An appeal cannot be made to the Independent
Adjudicator until the “Notice to Owner” has been issued and
formal representations rejected.
Further details of the appeal procedure can be found at
www.lincolnshire.gov.uk or www.trafficpenaltytribunal.gov.uk.
Yours sincerely,
Parking Services Manager Lincolnshire County Council
[attachment deleted by admin]
#Post#: 61897--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: stamfordman
Date: March 11, 2025, 8:55 am
---------------------------------------------------------
My advice was not to go in all guns blazing but start with an
honest mistake and gently point out the clock isn't necessary.
Anyway, you have teased out their position which is obviously
wrong - "Unfortunately, these rules are set by central
government" - is wrong and why they say it's unfortunate is
presumably to mean their hands are tied.
As far as I know the blue badge responsibilities are not all
reflected in law.
I'll see if I can find their parking places order.
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