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#Post#: 61931--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: stamfordman
Date: March 11, 2025, 11:28 am
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Your challenge with HC Anderson's text pretty much does the job
as per this case:
HTML https://drive.google.com/file/d/1j3F5-usOqEk4ZeV4WH8vLjOsB6JaMN5G/view
and here's Lincolnshire's TRO in which they say regarding
disabled parking places:
The driver of a vehicle shall exhibit a parking disc on the
vehicle in the relevant position
and set the disc to indicate a quarter hour period during which
the vehicle arrived at the
disabled badge holders only parking place.
They do not define 'prescribed manner' in the preamble (unlike
the key case) but do say:
“parking disc” has the same meaning as in the Local Authorities
Orders (Exemptions for
Disabled Persons)(England) Regulations 2000 which is capable of
showing the quarter
hour period during which a period of parking has begun;
HTML https://tro.trafficpenaltytribunal.gov.uk/TRO/Lincolnshire/QJ01.pdf
and as the adjudicated case says:
The only reference to a disc or clock is in the exemptions
regulations which state that
one must be displayed in circumstances where the display of the
badge provides an
exemption from a yellow line waiting restriction (see Reg
Eight).
#Post#: 61985--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: H C Andersen
Date: March 11, 2025, 4:31 pm
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You've established their ignorance, so IMO carry on.
#Post#: 61991--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: March 11, 2025, 4:38 pm
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Thank you.
So I have to wait as per below, Will this mean I have to go to
court?
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.
#Post#: 62002--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: fraser.mitchell
Date: March 11, 2025, 5:06 pm
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--- Quote ---
> Will this mean I have to go to court?
--- End Quote ---
No, a thousand times No !
The process for civil enforcement of PCNs is a specific process
in law, defined, on your PCN by the Traffic Management Act, and
associated regulations. There is no court, but there is an
adjudication office called the Traffic Penalty Tribunal, that
hear appeals against PCNs when all representations against a PCN
have been rejected by the issuing council. Virtually all
adjudications are by phone or, more recently, by video. There is
nothing daunting about it at all. The legislation deliberately
cut-out any involvement by county courts, so there is no
possibility AT ALL of a CCJ.
In the most recent letter refusing your informal challenge to
the PCN, they point out that if you don't pay, the owner of the
vehicle will be served with a Notice to Owner allowing the owner
to pay, or submit formal representations. If the council refuse
these, then an appeal can be registered at the adjudicators
described above.
HTML https://www.trafficpenaltytribunal.gov.uk/
#Post#: 62033--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: March 12, 2025, 2:05 am
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Thank you. Should I prepare the content of my appeal in
readiness?
#Post#: 62048--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: H C Andersen
Date: March 12, 2025, 5:18 am
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That's been done substantially in your informal reps. The next
stage is formal reps by the keeper once a NTO is received. Any
subsequent 'appeal' to the adjudicator could add references to
tribunal decisions and comment upon the traffic order which
they'd be obliged to supply to you within their evidence.
#Post#: 66533--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: April 10, 2025, 3:19 pm
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The owner of the vehicle has received Notice to owner PCN
QJ4125144A I was the driver but not the owner
This is what has been received
I look forward to directions as to my next action. Thank you
HTML https://imgur.com/DLnRFYD
HTML https://imgur.com/DLnRFYD
HTML https://imgur.com/SZaeH5Q
HTML https://imgur.com/SZaeH5Q
HTML https://imgur.com/zvpvpGi
HTML https://imgur.com/He2C8Np
HTML https://imgur.com/74dq0PI
HTML https://imgur.com/nPahJGN
#Post#: 66556--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: fraser.mitchell
Date: April 10, 2025, 5:23 pm
---------------------------------------------------------
I assume the owner is known to you and also knows about the PCN.
Only the owner can submit representations against the NtO,
although you can provided you get a letter of authority from the
owner to act on their behalf. Alternatively, you prepare the
reps for the owner to submit.
#Post#: 66583--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: April 11, 2025, 3:38 am
---------------------------------------------------------
Yes I am the mother of the owner who is aware of the PCN. I will
prepare the reps for them to submit
This link was sent with the rejection email and has a
requirement for a clock in a restricted time limit
HTML https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england
HTML https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england
When you need to use a parking clock
When you park on yellow lines or in other places where there is
a time restriction, you need to display the blue parking clock
to show your time of arrival. The clock should be sent to you
together with the Blue Badge. If not, you can get a clock from
the same council that issued the badge.
If you need to use a parking clock, you must display it on the
vehicle’s dashboard or facia panel, so that the time can be seen
clearly through the front windscreen. The clock should be set to
show the quarter hour period during which you arrived. If there
is no dashboard or facia panel in your vehicle, you must still
display the clock in a place where it can be clearly read from
outside the vehicle.
On-street’ disabled parking bays - signs have a blue wheelchair
symbol
You may park for free. Unless signs say otherwise, you may park
without time limit. You must display the Blue Badge (and the
blue parking clock if the bay is time limited). Always try to
use these bays instead of parking on yellow lines.
#Post#: 67593--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: April 17, 2025, 2:10 pm
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This is the representation that I have prepared for my daughter
to submit. Thank you for taking the time to assist me in this
submission
Do I include the copy of text message from Boots and the blue
badge also please?
The vehicle was parked in a disabled bay and a valid Blue Badge
placed on the dashboard together with a clock which is clearly
displayed from the windscreen as shown in CEO's photographs.
The holder of the blue badge was parked for less than 15 minutes
from 9.12am to 9.22 They had an appointment at 9am at Boots
opticians in the Hildreds Centre Skegness, the journey to the
appointment was delayed because they called at an egg
distribution centre to collect eggs for the local food bank on
the way to Skegness and there was a problem there. They arrived
on Lumley Road Skegness at 9.12, parked in the disabled parking
bay and displayed the blue badge and clock. they were unable to
see the optician and were given another appointment for Saturday
8 March (photos of text confirmation of appointment's attached)
They returned to the vehicle to see the CEO placing the PCN on
the car, they couldn’t understand why they were getting the PCN
the CEO pointed out that the time on the clock was 10 am and it
was only 9.22. He had only observed the vehicle for 1 minute
before he issued the PCN the driver arrived as the CEO was
placing the paperwork in the sticky envelope. It would appear
that they did not display the parking clock with the arrival
time of 9.15am correctly as they were in a rush to attend the
appointment they may have caught the clock and accidentally
moved the time that was showing. 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 the car
was parked in the bay, displayed a blue badge and was stationary
for less than 30 minutes. They displayed the parking clock out
of habit rather than by virtue of any legal obligation. The
other parking bays on Lumley Road have free parking with a limit
of 30 minutes or unlimited for Blue Badge holders.
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.
I have included attachments to two cases of a similar nature
namely Mr William Watson - v - St Helens Council and Miss
Michelle Dhillon - v - Leicester City Council.
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.
Links in the message (1)
William Watson v St Helens Metropolitan...
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