Restricted Street During prescribed hours

[jamees]

Hi

 

A friend of mine received a fine for 'Parked in a Restricted Street During Prescribed Hours-Blue Badge Holder'.

 

Can I ask, is not loading and unloading permitted for upto 15 mins??

 

Alos, it was outside a hospital, they parked on a single yellow I believe, to unload some very important medicines and other stuff...basically their wife was told she would die and luckily she has recovered fully. He has a letter from the hospital to say she was admitted that day.....

 

Please your advice and help is appreciated, I think he has a couple of days left.

 

Much appreciated

[adamna]

Usual regs are

"Private vehicles can stop to load or unload for a maximum of 20 minutes, but only if the items are too bulky or heavy to be carried from the nearest available parking space."

Was your friend the blue badge holder or were they in a blue badge bay?

[jamees]

Hi

 

No they were on a single yellow line as far as I know.

 

They had a disabled badge displayed it is his wifes badge, she was in the hospital, he had to unload some important medicines and other things the docs needed and her clothes and other stuff.

 

thanks

[green_and_mean]

Hi

 

No they were on a single yellow line as far as I know.

 

They had a disabled badge displayed it is his wifes badge, she was in the hospital, he had to unload some important medicines and other things the docs needed and her clothes and other stuff.

 

thanks

 

That is abuse of the blue badge which in addition to the PCN is a criminal offence. A blue badge can only be used by another driver to park to pick up or drop off the holder not to do errands for them. If the holder was in hospital as confirmed by a letter then the driver is admitting he is guilty of a criminal offence by using the badge to park on a SYL.

[jamees]

Well he had to park there as it was closest to the hospital and then took her insideand took her stuff down for her and when he returned to remove the car and park it in a car park which was further away but was cheaper for the whole day.. he had a ticket. But he had to park there to drop her off and her stuff...so that isn't wrong.

[green_and_mean]

Well he had to park there as it was closest to the hospital and then took her insideand took her stuff down for her and when he returned to remove the car and park it in a car park which was further away but was cheaper for the whole day.. he had a ticket. But he had to park there to drop her off and her stuff...so that isn't wrong.

 

If he droppeed her off yes.....but thats not what you said, you said he was taking medicine to the hospital! If he was dropping her off then its not loading or unloading (which would not cover the medicine either) its alighting which is permitted. A Blue Badge can park on a single yellow anyway so I'm curious why it was issued? Usually it would be because the car is obstructing or its parked over 3 hours or the badge is not being used correctly ie clock not set or being abused.

[jamees]

I know I said medicines as I didnt think dropping of the actual blue bad ge holder was classed as loading/unloading I thought saying he was dropping of the medicines is classed as loading/unlaoding. But he dropped her off and lots of other stuff of hers.

 

Ok. I do not know why it was issued anyway.

 

The PCN says ;

 

Parked in a Restricted Street During Prescribed Hours-Blue Badge Holder

 

He did not park in an obstructive manner, didnt stay longer than 3 hours, and clock he said was correctly set and he is the only onw to transport her so always does it right.

 

Could they have issued it as it was before 6.30pm, and he was on the SYL? There is just signs of how to pay by phone for the bays but nothing about SYL's.

 

Thanks for your help!

[green_and_mean]

The contravention is jargon for parking on yellow lines so thats what he is deemed to have done wrong. I would suggest before making a formal appeal you get him to find out why it was issued so he can then construct his defence rather than state something that may not be relevant and could make matters worse.

[jamees]

How does he find out why it was issued, by calling them?

 

If so, what if they try to ask him for his reasons....should he just say Im just caling to know why it was issued and I will do what is necessary..?

Edited January 26, 2009 by jamees

[green_and_mean]

How does he find out why it was issued, by calling them?

 

If so, what if they try to ask him for his reasons....should he just say Im just caling to know why it was issued and I will do what is necessary..?

 

Just get him to ask why it was issued (by phone if possible its quicker) as his wife thought she could use the badge on SYL. If they refuse to tell you over the phone then you may have to ask in writing but don't appeal until you find out why it was issued. For example theres no point writing an account of the dropping off and the fact that its meant to be permitted when you may need instead to explain why the clock wasn't used.

[jamees]

OK.

 

Also, the PCN does not state how long you have to make an appeal. Just states that you have 14 days to pay reduced amount and they will rpely to an appeal within 14 days that is all.

[patdavies]

Which Council is this, who issued the PCN?

 

Better still, scan,wash and post the PCN - both sides

[jamees]

I am going to scan it in for you to see soon. It is the London Borough of Westminster.

 

He spoke with them they said that on a SYL and in a residents bay parking with a blue badge is not permitted. There are no signs to say so, but apparently there is a document issued by the DOT to say Westminster can ddo that. I am just curious to know is that right??

[luke123456]

What is DOT???

[jamees]

Deaprtment of Transport:)

[Raykay]

The City of Westminster, City of London, and London Boroughs of Camden (part) and Kensington & Chelsea have their own rules for blue badge holders which are different from most other parts of UK.

 

In The City of Westminster, visitors with a blue badge are not allowed to park on single or double yellow lines during prescribed hours (except for immediate loading/unloading) or park free at pay and display bays.

[bribri]

Westminster do have their own blue badge rules,

 

view here Directgov Blue Badge map and bottom left hand corner look for city of westminster.

or her Transport and streets:Disabled Blue Badge Scheme

 

They are very restrictive. If you really want to get some good advice you must post a front and back copy of the PCN. ideally also photos of the yellow line and any signage.

 

If the contravention was restricted hours then somewher there would have been signs. Others will tell you whether alighting/boarding exemption may apply.

 

At the very least Westminster may allow cancellation on the grounds of a first occasion, so always worth asking.

[jamees]

There is no signage to say that. It is just writeen somewhere on the net, that is cheeky..

[green_and_mean]

Oh its in London, I wish you had said, lol! You really only have one option and that is to claim that the blue badge holder needed assistance getting to the hospital and claim the alighting exemption. Westmister PCNs are usually correct and it was propbably in a CPZ making lack of signage hard to prove. Make sure you appeal within the discount period then you can always choose to cut your loses and pay less if the appeal is rejected.

[green_and_mean]

There is no signage to say that. It is just writeen somewhere on the net, that is cheeky..

 

Not really trhat cheeky if you get given something that allows you certain benefits its just as much your responsibility to find out what they are. Usually you get given a booklet or pamphlet explaining the rules with the badge how else would you know what the clock was for or where the badge could be used?

[jamees]

OK, true well I wouldn't know as I dont have a badge. Something for my friend to know I guess.

 

But anwyay he says he cant scan it and send it for osme reason, so will have to wait till I can do it for him. In the meantime, does it make a difference as to whether or not the PCN mentions the limit on making an informal appeal...?

 

they told me on the phhone that there isn't really one, its right up until an NTO is issued. Is that right? But if you amke an appeal afetr 14 days you loose the right to have the reduced rate... Also does the 14 days include the weekends?

 

Thanks

 

Thanks

[adamna]

Westmister PCNs are usually correct

 

ROFL :lol: :lol: :lol:

Why would you say that?

[adamna]

The informal appeal period lasts until you get the NtO, after which it is a 'formal representation'. Even if they reject it, they should hold the 'reduced rate'. You can then also appeal to PATAS, but the reduced rate is unlikely to be offered.

 

Yes, I understand that the 14 days includes weekends, otherwise it should say 14 working days, though how you define a working day any more I'm not sure.

[jamees]

Would saying the alighting exemption aswell as having to take down some other stuff make a difference?

 

Does alighting exemption just mean having to help someone get down from the car...?

 

Thanks

[bribri]

re: alighting exemption

on the PATAS wesite ( and somewhere in this forum) there is a case where alighting exemption applied for a disabled person to be helped into a nearby bank. i.e. under those specific circumstances longer was allowed than the person just getting out of the car.