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#Post#: 73079--------------------------------------------------
Re: Lincolnshire County council PCN (40) Appeal draft
DIR By: AnnePN
Date: May 24, 2025, 9:22 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> 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.
>
--- End Quote ---
My apologies, the appeal has been started again from my daughter
as follows.
Contravention did not occur;
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.
Procedural error.
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;
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.
Attachments
Blue badge
Boots text of initial appointment
Boots text of rearranged appointment with date and time
Mr William Watson - v - St Helens Council
Miss Michelle Dhillon - v - Leicester City Council.
#Post#: 73093--------------------------------------------------
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, 11:25 am
---------------------------------------------------------
Is the Notice of Rejection addressed to your daughter?
The draft is repetitive (because suggested input has been taken
verbatim, even to the point of including what were intended only
as editorial comments, for example - 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) and needs to be consolidated.
The Procedural Impropriety issues need to be fleshed out which
isn't a problem.
Let's call the draft rough and refine it, there's plenty of
time.
Get the appeal registered by the entitled person first.
#Post#: 73097--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: May 24, 2025, 12:02 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Is the Notice of Rejection addressed to your daughter?
>
>
> The draft is repetitive (because suggested input has been
taken verbatim, even to the point of including what were
intended only as editorial comments, for example - 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) and needs to be
consolidated.
>
> The Procedural Impropriety issues need to be fleshed out which
isn't a problem.
>
> Let's call the draft rough and refine it, there's plenty of
time.
>
> Get the appeal registered by the entitled person first.
>
--- End Quote ---
Appeal lodged by my daughter
Case number QJ00023-2505 Acknowledgement
Explanation
Contravention did not occur;
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 requirement to display a clock exists
in law only when parked 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;
Read less
#Post#: 73651--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: May 28, 2025, 12:57 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> Is the Notice of Rejection addressed to your daughter?
>
>
> The draft is repetitive (because suggested input has been
taken verbatim, even to the point of including what were
intended only as editorial comments, for example - 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) and needs to be
consolidated.
>
> The Procedural Impropriety issues need to be fleshed out which
isn't a problem.
>
> Let's call the draft rough and refine it, there's plenty of
time.
>
> Get the appeal registered by the entitled person first.
>
--- End Quote ---
Your appeal to the Traffic Penalty Tribunal has now been
registered and the Authority that issued the Penalty Charge
Notice(s) has confirmed details of the case.
What happens now?
The Authority will decide whether or not to contest your appeal
within 14 days.
If the Authority decides not to contest your appeal, you will be
notified that your appeal has been allowed and will have nothing
to pay.
If the Authority decides to contest your appeal, it will upload
any evidence it has to support its case against you to your
online case file.
The Traffic Penalty Tribunal will then ask you to log-in to view
and (if you choose) respond to the Authority’s evidence, before
indicating whether:
you would like your case to be passed straight to an independent
Traffic Penalty Tribunal Adjudicator for a decision
OR
you would like a hearing with an Adjudicator to explain your
case further, either by telephone or video. The Authority may
also be present during this hearing.
Please note: If you do not choose either of the above options
when prompted, an Adjudicator will go ahead and decide the case
without a hearing.
How can I keep track of what is happening with my case?
You can log-in at any point to view your online case file.
Use the URL below to log-in to your case now:
HTML https://foam.trafficpenaltytribunal.xxxxxxxxxxxxxxxxxxxxxxxxxx
Please note: If the above text does not appear as a link, copy
and paste it into your web browser to view it
If you have any queries, please do not hesitate to contact our
Customer Liaison team by message or Live Chat within your online
case file, or by using the number below.
Traffic Penalty Tribunal
Freephone: 0800 160
==========================
I have not uploaded any evidence only the following
Grounds of Appeal:
The alleged parking contravention did not occur.
The authority made a procedural error.
Explanation:
Contravention did not occur;
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
requirement to display a clock exists in law only when parked 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;
So do I need to put some evidence together now for LCC to
consider?
Thanks for your help so far
#Post#: 73690--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: Grant Urismo
Date: May 28, 2025, 4:56 pm
---------------------------------------------------------
See what others say, but I'd advise waiting for the council to
upload their evidence as there's a good chance they will
actually now read their own TRO, realise they will lose and
decide not to contest.
If they do decide to continue and upload evidence, it will
include the TRO that they think applies and you'll be better
placed to flesh out your case once you've seen that.
#Post#: 75809--------------------------------------------------
APPEAL + Authority evidence recwvied LCC PCN (40) Not displaying
badge in a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: June 10, 2025, 10:11 am
---------------------------------------------------------
Next Steps
View the evidence below
You are able to add comments should you wish.
Select your decision option
If you do not select either option by 17/06/2025 your case will
go to the adjudicator to decide.
LCC has uploaded their evidence which in addition to the other
items already seen has three additional items their TRO
location of vehicle and a TRO/Schedule
HTML https://tro.trafficpenaltytribunal.gov.uk/TRO/Lincolnshire/QJ01.pdf
HTML https://tro.trafficpenaltytribunal.gov.uk/TRO/Lincolnshire/QJ01.pdf
HTML https://tpt-production-eu-west-2.s3-eu-west-2.amazonaws.com/production/uploads/attachment/source/d11e1bb3-2f7c-4608-a3c4-e61b216e9d48/SKEGNESS%20-%20TF565630.pdf?X-Amz-Expires=600&X-Amz-Date=20250610T144823Z&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Credential=AKIASYVCW657A65E72EO/20250610/eu-west-2/s3/aws4_request&X-Amz-SignedHeaders=host&X-Amz-Signature=de5d975b964754bcaf34015d261fe23e52550e24d091a9930c49d126c174cd70[/url
[url=
HTML https://imgur.com/a/vkFMaqe]https://imgur.com/a/vkFMaqe
HTML https://tpt-production-eu-west-2.s3-eu-west-2.amazonaws.com/production/uploads/attachment/source/d11e1bb3-2f7c-4608-a3c4-e61b216e9d48/SKEGNESS%20-%20TF565630.pdf?X-Amz-Expires=600&X-Amz-Date=20250610T144823Z&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Credential=AKIASYVCW657A65E72EO/20250610/eu-west-2/s3/aws4_request&X-Amz-SignedHeaders=host&X-Amz-Signature=de5d975b964754bcaf34015d261fe23e52550e24d091a9930c49d126c174cd70
I look forward to advice as to the way forward with this PCN
please
#Post#: 75876--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: H C Andersen
Date: June 10, 2025, 1:24 pm
---------------------------------------------------------
I refer the adjudicator to section 107 of the authority's
Traffic Order, the effect of which is to draw attention to the
regulatory burden placed upon the traffic authority by the Local
Authorities’ Traffic Orders (Procedure) (England and Wales)
Regulations 1996, as follows:
Set out 107 (a) and (b).
As I understand the authority's position, they assert that I
contravened the Order provision in Section 6 regarding a
requirement to display 'a parking disc on the vehicle in the
relevant position'. I assert that the traffic sign displayed -
see *** in the authority's evidence- conveys no such
requirement, thus placing the council in contravention of its
own Order. In this regard, I refer the adjudicator to the Sign
Tables at Parts 4 and 5 of Schedule 4 to the Traffic Signs etc.
Regs which, I submit, place no such requirement upon Disabled
Badge holders to display a 'parking disc' when parked in a
parking place.
In short:
I accept that parking in the bay was time-limited;
I was not parked beyond the time allowed - indeed, this has not
been alleged by the authority;
The authority may enforce the provision in their Order but not
by ascribing an unregulated meaning to a prescribed traffic
sign, but by actual observation - which did not occur in this
case.
#Post#: 75947--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: June 11, 2025, 1:46 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> I refer the adjudicator to section 107 of the authority's
Traffic Order, the effect of which is to draw attention to the
regulatory burden placed upon the traffic authority by the Local
Authorities’ Traffic Orders (Procedure) (England and Wales)
Regulations 1996, as follows:
>
> Set out 107 (a) and (b).
>
> As I understand the authority's position, they assert that I
contravened the Order provision in Section 6 regarding a
requirement to display 'a parking disc on the vehicle in the
relevant position'. I assert that the traffic sign displayed -
see *** in the authority's evidence- conveys no such
requirement, thus placing the council in contravention of its
own Order. In this regard, I refer the adjudicator to the Sign
Tables at Parts 4 and 5 of Schedule 4 to the Traffic Signs etc.
Regs which, I submit, place no such requirement upon Disabled
Badge holders to display a 'parking disc' when parked in a
parking place.
>
> In short:
> I accept that parking in the bay was time-limited;
> I was not parked beyond the time allowed - indeed, this has
not been alleged by the authority;
> The authority may enforce the provision in their Order but not
by ascribing an unregulated meaning to a prescribed traffic
sign, but by actual observation - which did not occur in this
case.
>
--- End Quote ---
Thank you
Sorry my links seem to have gone wrong here is a link to Imgur
showing road sign plus maps included in LCC evidence
HTML https://imgur.com/a/NH8D4sK
HTML https://imgur.com/a/NH8D4sK
Schedule 4 to the Traffic Signs please refer to t Parts 4 and 5
HTML https://www.legislation.gov.uk/uksi/2016/362/schedule/4
HTML https://www.legislation.gov.uk/uksi/2016/362/schedule/4
#Post#: 75949--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: H C Andersen
Date: June 11, 2025, 2:04 am
---------------------------------------------------------
The adjudicator knows the Traffic Signs etc. Regs, the reference
is there just for completeness. IMO, you don't need to cut and
paste into your appeal nor provide a link, just refer.
#Post#: 75953--------------------------------------------------
Re: Lincolnshire County council PCN (40) Not displaying badge in
a valid manner Lumley Road Skegne
DIR By: AnnePN
Date: June 11, 2025, 2:38 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> The adjudicator knows the Traffic Signs etc. Regs, the
reference is there just for completeness. IMO, you don't need to
cut and paste into your appeal nor provide a link, just refer.
>
--- End Quote ---
Thank you for your help, shall I post my evidence now to
expedite matters?
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