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#Post#: 70022--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: stamfordman
Date: May 5, 2025, 4:44 am
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You need to adjust it as reps come from the owner/keeper. I
don't think you said in the first challenge who the driver was -
it's best to mention a personal relationship and humanise things
as much as possible.
-------
I am disappointed to receive your rejection of my informal
challenge given I clearly explained the driver used the bay for
far less than 3 hours and made an honest error with the clock.
The driver was my mother who has a blue badge and she parked in
the bay for only about 15 minutes.
#Post#: 70063--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: May 5, 2025, 9:18 am
---------------------------------------------------------
Thank you @HCAnderson and [member=2249]stamfordman[/member]
I have accessed the LCC website.
HTML https://imgur.com/a/c4KouLU
HTML https://imgur.com/a/c4KouLU
Would my daughter be able to authorise me to represent her at
appeal if so then there would not be a problem. Not having
experienced A PCN prior to this I was not familiar with the fact
that the owner and not the driver had to make representations.
I don’t like to take up her time in addition to the help she
provides for me on a day to day basis
Am I using the reason - The relevant traffic regulation order
(TRO) is invalid? Or on the grounds that the penalty exceeded
the amount applicable in the circumstances
This is my draft 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?
++++++++
I am disappointed to receive your rejection of my informal
challenge given I clearly explained the driver used the bay for
far less than 3 hours and made an honest error with the clock.
The driver was my mother who has a blue badge and she parked in
the bay for only about 15 minutes.
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.
Items below will be added as attachments to the email
William Watson v St Helens Metropolitan Council
Miss Michelle Dhillon - v - Leicester City Council
#Post#: 70073--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: stamfordman
Date: May 5, 2025, 11:05 am
---------------------------------------------------------
Your daughter can authorise you to act on her behalf but this
must be stated to the council otherwise they can ignore the
reps.
I would include this:
But I must now hold you to the law on your assertion that the
clock is required, as you state "these rules are set by central
government".
I repeat the points of my challenge below, and I request you
quote the regulation you rely on as my understanding is that the
only such requirement is for an exemption to a yellow line
waiting restriction.
#Post#: 72493--------------------------------------------------
LCC rejection of representation prepare for appeal - PCN (40)
Not displaying badge in a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: May 21, 2025, 3:13 am
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Good morning,
LCC have rejected the representation so it looks like this will
have to go to appeal
Q1 My daughter will be nominating me to take this forward to
appeal, please advise what needs to be done for this to happen
Q2 What do I need to do to prepare the appeal documents please?
Thank you
This is my letter of rejection from LCC
HTML https://imgur.com/bJzMJop
HTML https://imgur.com/bJzMJop
HTML https://imgur.com/pJqudEX
HTML https://imgur.com/pJqudEX
HTML https://imgur.com/c4a3dET
HTML https://imgur.com/c4a3dET
#Post#: 72525--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: stamfordman
Date: May 21, 2025, 6:08 am
---------------------------------------------------------
No discount so yes you have nothing to lose by appealing.
They are relying on their traffic order. I'll look at this later
and hopefully HC Andersen will too.
#Post#: 72572--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: H C Andersen
Date: May 21, 2025, 9:41 am
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Register your appeal.
Contravention did not occur;
Procedural impropriety.
Contravention...
In order for a council to meet its legal burden it must:
Have made an order one of whose provisions requires the display
of a 'parking disc' in a specified position, and
Conveyed this requirement in the 'traffic sign' situated within
or in the vicinity of the parking place.
'Traffic signs' must by law be either:
Of a form prescribed under regulations, or
As authorised or directed by the Secretary of State.
The traffic sign in question is of the prescribed form which
does NOT include a requirement to display a clock.
The parking place may be time limited by order, but the
authority have to find smarter and LEGAL means to discover how
long a vehicle has been parked and not crudely import the
requirement which exists only on yellow lines.
As regards PI, IMO the NOR fails as follows:
To advise you of your rights of appeal;
To advise you correctly of the adjudicator's power to award
costs;
#Post#: 72815--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: May 22, 2025, 11:53 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Register your appeal.
>
--- End Quote ---
Thank you, do I copy exactly what you have said as my evidence
on the appeal together with my explanation of the circumstances
as below?
Contravention did not occur;
Procedural error.
Contravention...
In order for a council to meet its legal burden it must:
Have made an order one of whose provisions requires the display
of a 'parking disc' in a specified position, and
Conveyed this requirement in the 'traffic sign' situated within
or in the vicinity of the parking place.
'Traffic signs' must by law be either:
Of a form prescribed under regulations, or
As authorised or directed by the Secretary of State.
The traffic sign in question is of the prescribed form which
does NOT include a requirement to display a clock.
The parking place may be time limited by order, but the
authority have to find smarter and LEGAL means to discover how
long a vehicle has been parked and not crudely import the
requirement which exists only on yellow lines.
As regards Procedure error, Notice of Rejection fails as
follows:
To advise me of my rights of appeal;
To advise me correctly of the adjudicator's power to award
costs;
I am the owner of the blue badge driving my daughters’ vehicle.
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 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 or accidentally moved the clock as I placed it in the
windscreen as I was in a rush to attend the appointment.
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.
Evidence
Blue Badge
Boots text appt 4 March
Boots text change of appt sent 9.17 4 March
#Post#: 73035--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: May 24, 2025, 12:39 am
---------------------------------------------------------
Good morning I have registered on the appeal site but I would
like to know if my post above is sufficient for the evidence
please? Should I reference the cases
William Watson v St Helens Metropolitan Council
Miss Michelle Dhillon - v - Leicester City Council
I understand there are options for this to be dealt with purely
online which is the one that I will request.
I would like to complete the appeal process as soon as I can but
would like to ensure that I give the best evidence possible.
#Post#: 73044--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: John U.K.
Date: May 24, 2025, 3:41 am
---------------------------------------------------------
--- Quote ---
> options for this to be dealt with purely online
--- End Quote ---
As I understand it, you can opt EITHER for a personal hearing,
which is carried out by telephone or online video-link
OR for a decision on papers, where the adjudicator will decide
on the written evidence provided by the parties either by post
or online.
We always advise appealing via a personal hearing, as it gives
the appellant the chance to answer any questions the adjudicator
may have, or to raise a particular point(s).
#Post#: 73045--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: H C Andersen
Date: May 24, 2025, 3:46 am
---------------------------------------------------------
I am the owner of the blue badge driving my daughters’ vehicle
Pl explain.
Only the person named on the NTO and Notice of Rejection may
appeal in their own right. This is the registered keeper in this
case.
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