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#Post#: 8744--------------------------------------------------
Parking Tribunal - Ticket displaying Blue Badge
DIR By: dave12345
Date: October 30, 2023, 9:19 am
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Hello,
I hope you can help with the following. I parked on Hill Street
Birmingham, outside New Street Station in a disabled bay,
displaying a blue badge. The Bay was marked DISABLED on the road
with no kerb markings, photo attached, please note bollards have
now been removed with double yellows extending up the hill as
well as down. I was dropping off my father in law to New Street
station, owner of the blue badge. The bay has
I have now reached the tribunal stage after making (surprise,
surprise for a broke council) unsuccessful appeals. Any help and
guidance on how to prepare for this tribunal, including extra
evidence to upload, is most welcome. My appeals were based on
the following:
1) The Penalty charge exceeded the amount applicable in the case
- The original ticket was for £70 and the penalty on the NtO is
£100.
2) Procedual Impropriety - none of the photos provided as
evidence provide proof that the vehicle remained in time
restricted parking bay for longer the 5 minutes allowed
3) Other grounds - Under the Equality Act 2010 disabled people
must be provided with the suitable facilities, assistance and
allowances to enable them to carry out activities that an able
bodied person can. A disabled parking bay outside a train
station should provide sufficient time to enable the
access/egress of the adjoining facility. 5 minutes is
insufficient time to park, unload a wheelchair, unload a
disabled person and assist to gain access to the facility. In
such cases the equality act overrides the Traffic Management Act
2004 and its associated regulations. If we had parked outside
the marked bay on the adjacent double yellow marked lines,
displaying a blue badge, we would have been allowed the standard
3 hours parking allowance, making the restriction on this small
bay particularly absurd.
[attachimg=1]
[attachment deleted by admin]
#Post#: 8746--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: dave12345
Date: October 30, 2023, 9:29 am
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Is the 10 minute grace period applicable in this case?
PCN says observed for 7 minutes, with a restriction of 5 minutes
within the bay. Parking Warden even watched my unload the
wheelchair and my father in law to it!
#Post#: 8750--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: H C Andersen
Date: October 30, 2023, 9:42 am
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I have now reached the tribunal stage
We need to see your reps and the council's NOR before we can
scope all potential grounds.
#Post#: 8753--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: ManxTom
Date: October 30, 2023, 9:52 am
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Is this where you were parked?
HTML https://maps.app.goo.gl/7M5cU6qSQTFamHV37
#Post#: 8754--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: dave12345
Date: October 30, 2023, 9:58 am
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--- Quote from: ManxTom link ---
>
>
> Is this where you were parked?
>
>
HTML https://maps.app.goo.gl/7M5cU6qSQTFamHV37
>
--- End Quote ---
Yes
#Post#: 8755--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: dave12345
Date: October 30, 2023, 10:03 am
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Initial Challenge
When this PCN was awarded the vehicle was parked in a disabled
bay, displaying a valid blue badge, to drop off a wheelchair
user to New Street Station Staff, so families member could catch
a train. The parking warden observed us unloading the wheelchair
and accessing New Street Station. No longer was stayed beyond
unloading wheelchair, drop off and returning to vehicle.
We appeal on the basis,
A) No kerb markings were present to indicate there is time
limitations on the space, above and beyond Birmingham Council
statutory 3hour limit.
B) Time permitted was insufficient to carry out drop off
activity for disabled user at New Street Station as is evidently
clear this space is designed for
C) No compassion was applied by parking warden who observed
disabled user being assisted
#Post#: 8756--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: dave12345
Date: October 30, 2023, 10:05 am
---------------------------------------------------------
2nd Challenge, annoyed with myself for not requesting help on
this matter. :-[
I am writing to you following the receipt to the NtO in relation
to the above PCN. My appeal is based on the following grounds:
1) The Penalty charge exceeded the amount applicable in the case
- The original ticket was for £70 and the penalty on the NtO is
£100. Under parking guidelines the amount of the PCN can only
increase after the time window of the NtO.
2) Proceduual Impropriety - none of the photos provided as
evidence provide proof that the vehicle remained in time
restricted parking bay for longer the 5 minutes allowed
3) Other grounds - Under the Equality Act 2010 disabled people
must be provided with the suitable facilities, assistance and
allowances to enable them to carry out activities that an able
bodied person can. A disabled parking bay outside a train
station should provide sufficient time to enable the
access/egress of the adjoining facility. 5 minutes is
insufficient time to park, unload a wheelchair, unload a
disabled person and assist to gain access to the facility. In
such cases the equality act overrides the Traffic Management Act
2004 and its associated regulations.
If we had parked outside the marked bay on the adjacent double
yellow marked lines, displaying a blue badge, we would have been
allowed the standard 3 hours parking allowance, making the
restriction on this small bay particularly absurd.
I look forward to your response.
#Post#: 8762--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: Pastmybest
Date: October 30, 2023, 10:13 am
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Dave we may well be able to help you win this. We don't know
because we need to see all the documents please post the PCN the
NTO the NOR we can then see what can be done
#Post#: 8763--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: dave12345
Date: October 30, 2023, 10:27 am
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Requested attachments below
[attachment deleted by admin]
#Post#: 8769--------------------------------------------------
Re: Parking Tribunal - Ticket displaying Blue Badge
DIR By: DancingDad
Date: October 30, 2023, 11:50 am
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Dave
Where are you getting the £70 PCN and the £100 NTO from?
The PCN clearly says £50 discounted to £25 if paid within the
time period
The NTO clearly says £50 now due
IMO the 10 minute grace period must apply.
You were parked lawfully in a designated parking space.
The regs preclude any PCN being served within the 10 minutes.
HTML https://www.legislation.gov.uk/uksi/2022/71/regulation/5
Reg 5(2)
Personally I would forget the draft entirely and go with the
above.
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