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I have just joined this forum so am finding my way around. At the beginning of July I rec'd a pcn and was shocked about this because I was legally parked on single yellow line, displaying a valid and correctly positioned blue badge. However, the ticket came through the post saying that my car was photographed by a mobile CCTV unit and the photograph was taken of the rear of the car! This means of course the blue badge was not visible on the car!!
I appealed, I rang them and I also contacted my local radio station who interviewed me about this as when the local CCTV car was launched a couple of months ago, they did an item about it and PREDICTED this would happen to disable badge holders. Anyway, almost two weeks later after I sent my appeal notice in, yesterday I received this letter:
" I reply to your recent appeal regarding the above Penalty Charge Notice. I note that you have submitted details of a valid disabled badge and I will cancel the charge on this occasion"
I'm not angry because they cancelled as I'm happy about that, but FUMING because I shouldn't have had to go through the rigmarole of appealing, shouldn't have been ticketed in the first place and soooo annoyed because they didn't check the car out to see the badge was there BEFORE issuing the notice thru the post. This also means that "on this occasion" I'm let off, but doesn't mean I won't be targeted again in the future when displaying a blue badge! I am now going to write back to these jobsworths, making sure they know in no uncertain terms what *****rs they are!! And I will be submitting a claim for expenses etc.... can you detect I'm a little upset!
Is there anything else I can do about this because they should NOT have sent me a ticket having a valid blue badge displayed and them not looking to see if there was one. There was no apology and no mention that it wouldn't happen again.... can I take this anywhere else to get them to STOP targeting disabled drivers?
The official guidance given to LAs states:
Enforcement by approved devices
8.78 TMA regulations64 give the power to authorities throughout England
to issue PCNs for contraventions detected with a camera and
associated recording equipment (approved device). The Secretary
of State must65 certify any type of device used solely to detect
contraventions (i.e. with no supporting CEO evidence) as described
in Chapter 7. Once certified they may be called an ‘approved device’.
Motorists may regard enforcement by cameras as over-zealous and
authorities should use them sparingly. The Secretary of State recommends
that authorities put up signs to tell drivers that they are using cameras to
detect contraventions. Signs must comply with TSRGD or have special
authorisation from DfT. The Secretary of State recommends that
approved devices are used only where enforcement is difficult or
sensitive and CEO enforcement is not practical. Approved devices
should not be used where permits or exemptions (such as resident
permits or Blue Badges) not visible to the equipment may apply.
So this council is ignoring the 'recommends' to up its income maybe ?
It certainly shows up the folly of CCTV enforcement in situations such as you describe. You had followed the rules yet you still had to go through the process of informal resolution to get the pcn cancelled.
No doubt G & M will be along soon to support the LA
Is it possible you can give me the link to the information you posted lamma as I want to hit these....erm... swines where I can? I want to quote things that will make them see the error of their ways... one thing on their own website under "Tips on how to avoid getting a Penalty Charge Notice" states -
If you’re a blue badge holder, please ensure that your badge is displayed photograph down so that the expiry date can easily be seen and set the clock at your arrival time.
Well blow me down, I did put the badge there displayed correctly but they didn't even LOOK to see if one was there because they are not allowed to get out of the CCTV car I was told!!!
Thanks for your help... I just need all the info I can get to hit them with this letter.. even the Disabled Discrimination Act would help if I can sort something from that!
No doubt G & M will be along soon to support the LA
You cannot park on yellow lines in Westminster with a Blue Badge you need a Westminster White Badge which is specific to a single VRM so the CEO has a list of exempt vehicles. The pcn was therefore correctly issued and use of discretion used on this occasion.
You cannot park on yellow lines in Westminster with a Blue Badge you need a Westminster White Badge which is specific to a single VRM so the CEO has a list of exempt vehicles. The pcn was therefore correctly issued and use of discretion used on this occasion.
Ok just this once I will exercise discretion and not start a Fiiiiiiight!!LOL
Actually calssylady does have a point with this, my argument would be training issues and implementation of mobile cameras. It seems common sense to check the front of the vehicle for badges and permits before giving anyone a heart attack pcn through the post.
Actually calssylady does have a point with this, my argument would be training issues and implementation of mobile cameras. It seems common sense to check the front of the vehicle for badges and permits before giving anyone a heart attack pcn through the post.