Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default Can I take this further?

    Hi everyone,

    I have just joined this forum so am finding my way around. At the beginning of July I rec'd a pcnicon 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?

    Thanks for your help if you can offer any.

    CL


  2. #2
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    Default Re: Can I take this further?

    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 ?


  3. #3
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    Default Re: Can I take this further?

    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 pcnicon cancelled.

    No doubt G & M will be along soon to support the LA


  4. #4
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    Default Re: Can I take this further?

    Thanks lamma and Rob

    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!

    CL



  5. #5
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    Default Re: Can I take this further?


  6. #6
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    Default Re: Can I take this further?

    Quote Originally Posted by Rob S View Post
    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 pcnicon was therefore correctly issued and use of discretion used on this occasion.


  7. #7
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    Default Re: Can I take this further?

    Quote Originally Posted by green_and_mean View Post
    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 pcnicon was therefore correctly issued and use of discretion used on this occasion.
    How do you know this was a westminster pcn


  8. #8
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    Default Re: Can I take this further?

    Quote Originally Posted by nero12 View Post
    How do you know this was a westminster pcnicon
    Lol so many threads about blue badges I got my threads confused!!


  9. #9
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    Default Re: Can I take this further?

    Quote Originally Posted by green_and_mean View Post
    Lol so many threads about blue badges I got my threads confused!!
    Ok just this once I will exercise discretion and not start a Fiiiiiiight!!LOL


  10. #10
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    Default Re: Can I take this further?

    Quote Originally Posted by nero12 View Post
    Ok just this once I will exercise discretion and not start a Fiiiiiiight!!LOL
    Teach me to watch Corrie and post at the same time!


  11. #11
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    Default Re: Can I take this further?

    Quote Originally Posted by nero12 View Post
    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 pcnicon through the post.


  12. #12
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    Default Re: Can I take this further?

    Quote Originally Posted by nero12 View 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 pcnicon through the post.
    The disability discrimination act 1995 Disability Discrimination Act 1995 (c. 50)


    Para 55 would come into play here would it not.


  13. #13
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    Default Re: Can I take this further?

    Quote Originally Posted by nero12 View Post
    The disability discrimination act 1995 Disability Discrimination Act 1995 (c. 50)


    Para 55 would come into play here would it not.
    Not really because everyone on the restriction would be treated the same so they are not strictly being 'victimised' because of a disability.



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