DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 92737--------------------------------------------------
False Council Claim
DIR By: MalcolmJohn
Date: October 3, 2025, 12:22 pm
---------------------------------------------------------
In September 2025 I got a PCN ticket whilst parked in a council
car park in the London Borough of Sutton. I'd parked in a
standard bay with my disabled badge and clock displayed from the
drivers sun visor. The visor was definitely in the down position
as per the picture I took when I arrived back at my car - see
HTML https://drive.google.com/file/d/121XWUW6Wl1aJ93nE7ct9VHuRMSsg_i4_/view?usp=sharing.<br
/>I emailed an appeal to the council stating that the disabled
badge and clock were definitely visible and that my case be
reviewed. In reply they have stated that the Civil Enforcement
Officer (CEO) saw no disabled badge and as photographic proof
sent this photo
HTML https://drive.google.com/file/d/1U16m17EJZWNLcm2AIxNn2TNbG71547om/view?usp=sharing.<br
/>From the photos you can see it was a somewhat wet overcast day
with lots of reflections on the windscreen and there is a very
vague outline of the visor display on the council’s photo. If
the original full sized digital council photo was analysed in
Photoshop or other image software I'm sure more details of visor
mounted badge and clock could be revealed.
I suggested that their CEO didn’t look thoroughly; that they
were perhaps assuming the disabled badge would be on the
dashboard? I further suggested, judging from their photo, the
CEO was just looking from a perspective where he or she would
obviously miss seeing the disabled badge and clock mounted on
the sun visor because the rain, glare and reflections.
I don't think their photo is valid proof but is the CEO's
statement that he/she saw no disabled badge sufficient to make a
valid case for the council? Is it worth taking my case further?
#Post#: 92741--------------------------------------------------
Re: False Council Claim
DIR By: catnip
Date: October 3, 2025, 12:32 pm
---------------------------------------------------------
Please post the unredacted PCN and a Google Street View link to
the location.
#Post#: 92765--------------------------------------------------
Re: False Council Claim
DIR By: mrmustard
Date: October 4, 2025, 2:42 am
---------------------------------------------------------
The blue badge and clock have to be on the dashboard unless you
don't have one in which case they have to be conspicuous
#Post#: 92771--------------------------------------------------
Re: False Council Claim
DIR By: H C Andersen
Date: October 4, 2025, 4:28 am
---------------------------------------------------------
+1.
OP, from the Blue Badge booklet issued with each BB:
How to display the badge
You must display the badge on the dashboard or facia panel,
where it can be clearly read through the front windscreen. If
there is no dashboard or facia panel in your vehicle, you must
display the badge in a place where it can be clearly read from
outside the vehicle. The front of the badge should face upwards,
showing the hologram. The side showing the photograph should not
be visible through the windscreen.
You must also ensure that the details on the front of the badge
remain legible. If they become unreadable through fading or wear
and tear, you must return the badge to your local council so
they can issue you with a new one. Displaying a badge that is
illegible may result in a parking fine.
Blind people need to ensure that people displaying the badge or
clock on their behalf understand how to display them correctly.
Incorrect display of the badge may result in a parking fine or a
penalty charge notice.
'Must' means it's a regulatory requirement.
I emailed an appeal to the council stating that the disabled
badge and clock were definitely visible and that my case be
reviewed. In reply they have stated that the Civil Enforcement
Officer (CEO) saw no disabled badge and as photographic proof
sent this photo
In addition to posting the PCN, pl post your challenge and their
reply.
Even taking your account, the badge was not displayed as
required and therefore a contravention occurred. You can ask for
discretion, but remember that an adjudicator could not do so and
would be obliged to apply the law.
#Post#: 92830--------------------------------------------------
Re: False Council Claim - PCN and a Google Street View
DIR By: MalcolmJohn
Date: October 4, 2025, 11:42 am
---------------------------------------------------------
PCN -
HTML https://drive.google.com/file/d/1AwQkEQljij1uWQ8iX6AO9yual8SGyvTV/view?usp=drive_link
Google Street View link -
HTML https://maps.app.goo.gl/q7WmU3yqBnBhjD3K8
#Post#: 92835--------------------------------------------------
Re: False Council Claim
DIR By: H C Andersen
Date: October 4, 2025, 12:38 pm
---------------------------------------------------------
The reverse side of the PCN pl, your initial reps as written,
not a summary, and their reply.
The contravention is that you 'Parked in a car park etc.....'.
On its face this has nothing to do with whether you displayed a
BB or not because the default position is that your BB applies
ONLY to a road, not a car park.
Whether you were permitted to park in the car park without
paying the charge is determined by looking at the Ts and Cs of
the car park.
Places you need to check before parking
There are a number of restrictions and local parking schemes
which you need to be aware of. Here is a list of those places
and the parking restrictions in force. If in doubt, ask the
relevant council before you travel.
Off-street car parks (such as supermarket, hospital or local
council car parks)
Off-street car park operators should provide parking spaces for
disabled people. However, it is up to the car park owner to
decide whether badge holders can park free of charge.
Do not assume you can always park for free.
Unfortunately, the GSV vehicle couldn't negotiate the height
restriction, so what are the conditions of use pl?
#Post#: 92854--------------------------------------------------
Re: False Council Claim
DIR By: Dave Green
Date: October 4, 2025, 5:25 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> OP, from the Blue Badge booklet issued with each BB:
>
> How to display the badge
>
> You must display the badge on the dashboard or facia panel,
where it can be clearly read through the front windscreen. If
there is no dashboard or facia panel in your vehicle, you must
display the badge in a place where it can be clearly read from
outside the vehicle.
--- End Quote ---
Whilst that is certainly correct, the wording on the actual
badge itself differs from what is stated in the booklet.
[i]"This badge should be displayed at the front of the vehicle.
It needs to be clearly visible so that it can be checked".
and having the badge and clock on the sun visor does comply with
what is stated on the badge.
*****************************************************
Page 1 of 1