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rapunzel

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  1. I first posted here in June in desperation at receiving a PCN because my Blue Badge clock had slipped onto the floor while I was at the hospital seeing a cancer specialist. Thanks to the invaluable help received from Nero12 and friends Liverpool City Council retreated and "used their discretion" just weeks before the Hearing and cancelled the ticket. This site is worth its weight in gold and thanks again to all those who supported me:-D Rapunzel
  2. Many thanks Nero and Green, brilliant letter. If I have time tomorrow I'll get it typed before I go in to hospital. My letter from Council say they won't enter into any further correspondence before NTO but no harm in me writing to them again. I'll be in touch later. Time for bed now. Cheers, Rapunzel
  3. Hello Green and mean. I've now received a letter from the Council replying to my first letter and saying my informal representation has been rejected and giving me a further 14 days (actually less than 14 days because it's from date of letter which was 10th July) to pay the reduced charge of £35.00. There was a photograph enclosed which shows no time clock on the dashboard but I have spoken to my partner and he remembers getting both badges out of my bag and setting the time clock for me. I have never parked without putting the time clock up at the same time as Badge. It's just habit. I can only assume that it fell off. It was an extremely windy day and because of my disability I have to have the car door wide open to get out, plus it takes me some time to do so, so it's quite possible that the badge slipped off and I didn't notice it. I normally check the car when I'm out to make sure everything's as it should be but that day my mind was on the cancer disgnosis. The photo of my car just shows the windscreen so there's no proof that it really is my car, apart from the colour. I've been reading up on as much as I can about the subject and some non-disabled people have had their appeals allowed because their car park tickets fell off the windscreen or got covered up. The Disability Discrimination Act says: " Every public authority shall in carrying out its functions have due regard to ......"(d) the need to take steps to take account of disabled persons' disabilities, even where that involves treating disabled persons more favourably than other persons." So if non-disabled people can be let off because of tickets falling from where they were placed surely they cannot treat a disabled person less favourably? Other councils, such as Trafford Council say: "We are not out to punish people who make genuine mistakes, to these people we issue advisory notices, which will hopefully help them to understand what is required in the future. We wish to catch people who risk spoiling the scheme for others by deliberately breaking the rules." If Trafford can issue advisory notices for first offences why can't my authority (Liverpool) do so! Sorry this is so long but I wanted to include everything as I'm going into hospital tomorrow, I don't know how long for, and this penalty charge is hanging over me when I should be just trying to be positive about my surgery. I don't know whether I should go ahead and pay this charge while it's £35 as if I leave it and appeal it will go up to £75which I can't afford as I've just retired. Thanks to everyone who's helped me so far.
  4. I'm pretty certain I did but I was in a bit of a state as I was going for my test results.
  5. Hello green and mean. Thanks for responding. The Badge was correctly displayed, I’m sure of that and it doesn’t expire till December. The PCN says I was observed at 11.57 am and the notice issued at 12.03 so the officer couldn’t have known how long I was there for. I was parked well away from the entrance to the car park and not causing an obstruction but as you say, it’s anyone’s guess what the reasons were and I’ll just have to wait. Rapunzel
  6. Hello Nero 12 and thanks for your swift response and good wishes. I will do as you say and write to the Council again with the details you suggested. I did ring them just before I read your reply but could only speak to their call centre.(typical) The woman looked at my details and said my case was on hold, presumably because they are dealing with lots of cases. She made a note to say I had rung and was going into hospital and said I would just have to wait until they contacted me. Not easy with the op and up to 5 weeks of radiotherapy to look forward to! I’ve been looking at Forum replies and it seems as if my PCN complies with the law so I can’t challenge it on those grounds but I did see that on the back it referred to serving a Notice to Owner but I’m not the owner as it’s a Motability car. As far as I know the owner and the registered keeper are the same in law but it’s just another example of these PCN’s being unclear. But thanks again. Rapunzel
  7. I have a Blue Badge and parked behind the hospital where I had an appointment as there were no spaces in the disabled carpark and a huge queue to get in. I have parked on that same street before as do lots of other people and my badge was displayed correctly. When I came out I found a parking ticket (PCN) and after having had a diagnosis of cancer from the hospital this was an additional terrible blow as I’ve never had a ticket before, and I collapsed in the street. There was a “no loading” restriction on the street for rush hour times but I was outside these times which is what I wrote in my letter of challenge to the council. I’ve had no reply from them and can’t get hold of anyone on the phone. However, when I looked at the ticket again it is a code 01 and not an 02 which I would have expected because of the “no loading” signs. How do I find out why this road is “restricted”; I did not see any signs and it’s a big wide road but only really busy at rush hour and it’s just outside the city centre. If it’s just restricted because of the yellow line then I was within my rights to park because of my badge. I’m having an operation on 16 July and this extra stress is just not bearable. I’m retired and can’t afford to pay parking fines. If anyone can help with information on my chances of beating this ticket I’d be so grateful. Thanks.
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