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#Post#: 6258--------------------------------------------------
PCN Code 01 Staffordshire County Council-NtO Rec & Appeal
due today!
DIR By: SBBA
Date: September 27, 2023, 8:26 pm
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Hi all, was signposted here from Pepipoo a while ago-been trying
to deal with it informally but to no avail.
In brief, son lives on a one-way street - parking can be
difficult - one side no parking restrictions one side has single
yellows and parking restrictions during hours of 9am - 6pm. Son
has had BB for years (Congenital Knee Condition & some MH) and
he, along with many others, has parked on the single yellow
lines (half on pavement, half off to avoid obstruction) when all
spaces on opposite side are taken - not always displaying BB,
with no issue or tickets in the several years he's been there.
He then received 5 PCNs, all 01 Code. Can't be sure if BB
displayed on every occasion but thinks perhaps only once or
maybe max twice not displayed. All PCNs received over 2 weeks
period & so often that a guy working nearby apparently
challenged the issuing officer saying he was out of order when
BB displayed & was told it's not for parking on yellow lines but
parking on the kerb/pavement.
I've contacted parking services and was told yellow line covers
the road/carriageway and footpaths, pavements and verges.
Exemptions for Blue Badge only allow the exemption to park on
the road (their emphasis) and the yellow line restriction
covering pavement etc continues to apply, hence the PCN's. Told
obv could appeal but would be rejected because of this. All
informal reps now rejected and NtO received for 3 of the 5 PCNs.
During informal reps, only sent photos of 2 PCN incidents which
clearly show BB displayed and it is these 2 that we have not yet
received NtO for (though there is still time yet!)
The woman I spoke to at council agreed it is not unlawful to
park on a pavement outside London (yet) but she maintains this
is unless there is a yellow line covering all above - exemption
will only apply to road.
I have to get formal representations in today (28th) so thinking
to continue no violation occurred, just wondering if anyone has
anything else to add/advice? Response to informal reps (and
woman on the phone) implied it is also a breach of the rules
relating to BB to park half on/half off the pavement and son now
terrified he'll lose BB & begging me just to help him pay them
all.
Link to following Docs:
PCNS x 3 being pursued
Response to informal reps
NtO x 3
HTML https://www.dropbox.com/scl/fo/peejiajs8qnnd3vvpiz4b/h?rlkey=s88awtc7lfnughkz1bz9ljlyj&dl=0
HTML https://www.dropbox.com/scl/fo/peejiajs8qnnd3vvpiz4b/h?rlkey=s88awtc7lfnughkz1bz9ljlyj&dl=0<br
/>
Google map link:
HTML https://maps.app.goo.gl/RoEWwfYQTEyJcdet7
HTML https://maps.app.goo.gl/RoEWwfYQTEyJcdet7
Thanks in advance if anyone manages to see this in time!
[attachment deleted by admin]
#Post#: 6266--------------------------------------------------
Re: PCN Code 01 Staffordshire County Council-NtO Rec &
Appeal due today!
DIR By: guest17
Date: September 28, 2023, 3:43 am
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OP--all the PCNs have the defunct 2007 legislation therefore IMO
they are invalid.
Parking on the footway is a red herring because the yellow lines
cover a Code 01 contravention whether on the carriageway or
footway.
It is obvious that the Council need to look carefully at the
disability aspect and a take a view as to the exercise of
discretion and the cancellation of these and other PCNs.
I'd include something like this (have it signed by your son):-
I would ask the Council to exercise its discretion and cancel
PCNs numbered ?????? because there was no mischief. Parliament
never intended that people who had a right to park on double
yellow lines through Blue Badge exemptions should be fined and
that, in reality, this was not an abuse of that right since I
still have the underlying condition, am a recipient of DLA and I
still qualify for a Blue Badge (copy attached). Second, it was
never the intention to fine eligible Blue Badge holders for
forgetfulness or mishap and therefore the enforcement of these
charges would serve no useful purpose other than one which
relates to income generation.
When considering this challenge I trust the council will have
regard to my disability and their statutory obligation under the
Equality Act 2010 to take my disability into account when
considering my challenge. If the council decide not to cancel I
require the council to fully explain why they think my rights
under the Equality Act 2010 do not merit cancellation of the
penalty charge.
I would also add that each of the PCNs has the defunct 2007
Regulations quoted which in my opinion at worst invalidates them
or is otherwise a glaring procedural impropriety.
Mike
#Post#: 6268--------------------------------------------------
Re: PCN Code 01 Staffordshire County Council-NtO Rec &
Appeal due today!
DIR By: SBBA
Date: September 28, 2023, 4:58 am
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Thanks Mike, Just received news today he also has a tumor
growing in his tibia bone :o he's beside himself about losing
his Blue Badge. I didn't even notice the 2007 legislation -
surely must be invalid? Thanks for the spot!
#Post#: 6277--------------------------------------------------
Re: PCN Code 01 Staffordshire County Council-NtO Rec &
Appeal due today!
DIR By: fraser.mitchell
Date: September 28, 2023, 6:16 am
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I think they are bluffing their way on a BB parking on a yellow
line partly on the pavement. Clearly with no BB displayed a CEO
would be correct in issuing a PCN. SO which PCNs are for a
missing BB, and which for parking partly on the footway ? MMV
Redux's point about the incorrect regulations on the PCN is also
a clear procedural impropriety.
As you seem to be an Notice to Owner stage, the discount option
has gone so it's a no-brainer to take them to the Traffic
Penalty Tribunal if you have to.
Other point to make is to try to get your son to always remember
to display the BB when on the yellow lines, because even if he
wins there is all the hassle involved in submitting reps etc.
The councils can issue PCN after PCN until the cows come home.
#Post#: 6293--------------------------------------------------
Re: PCN Code 01 Staffordshire County Council-NtO Rec &
Appeal due today!
DIR By: guest17
Date: September 28, 2023, 9:56 am
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OP--tell your son that the Council cannot revoke a Blue Badge in
the circumstances described; absolutely impossible.
Regardless of the PCNs I would investigate the Council having a
dedicated disabled bay right outside your son's home. That
should negate the level of parking elsewhere in the street or
yellow lines.
Perhaps your Councillor might be of assistance.
Mike
#Post#: 6294--------------------------------------------------
Re: PCN Code 01 Staffordshire County Council-NtO Rec &
Appeal due today!
DIR By: SBBA
Date: September 28, 2023, 10:07 am
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Thank you so much to those responding at such short notice.
Managed convince son let me send images of BB and essentially
made 3 points:
1. No contravention occurred on at least 1 of pcns and no
evidence contravention occurred on other 2 (due to them not
providing photos & acknowledging BB was displayed on one of
these 3 PCMs)
2. Should exercise discretion & cancel if BB not
displayed/incorrectly displayed etc (using Mike's arguments
above)
3. Potential procedural error re 2007 legislation
Will let you know how it goes - thanks again.
#Post#: 6305--------------------------------------------------
Re: PCN Code 01 Staffordshire County Council-NtO Rec &
Appeal due today!
DIR By: fraser.mitchell
Date: September 28, 2023, 1:04 pm
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You need to be aware that most people in council parking
enforcement offices are as ignorant of the law as you may be.
Certainly we have, over the years, seen some astonishing
statements from councils on the law on parking and waiting.
#Post#: 6336--------------------------------------------------
Re: PCN Code 01 Staffordshire County Council-NtO Rec &
Appeal due today!
DIR By: Pastmybest
Date: September 29, 2023, 3:11 am
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On both PCN's and particularly the one served on the 27/06 they
have messed up the dates for payment. giving the correct
statement as to time for payment "14 or 28 days beginning with
the date of service" but then giving a date which is wrong on
all occasions, That creates a prejudice and invalidates the
PCN's
#Post#: 6354--------------------------------------------------
Re: PCN Code 01 Staffordshire County Council-NtO Rec &
Appeal due today!
DIR By: SBBA
Date: September 29, 2023, 7:38 am
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Oh great! I'll follow up with that now too, thanks so much!
#Post#: 6363--------------------------------------------------
Re: PCN Code 01 Staffordshire County Council-NtO Rec &
Appeal due today!
DIR By: SBBA
Date: September 29, 2023, 9:23 am
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[member=156]Pastmybest[/member] Sorry, am I missing something?
Those dates appear right? Ie: for the pcn served 27/06 last date
for payment is 24/07 (or 10/07 for the discounted amount).
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