PCN whilst not displaying blue badge **WON**

[superstarjan]

Hiya all, I am hoping that someone can give me advice on a recent parking fine I have received.

 

my daughter who is disabled (and has only been toilet trained for a month) needed to use the toilet,

my partner pulled into a council car park where there were no disabled bays available and so parked in a normal spot.

 

He displayed the blue badge and took our daughter to the toilet,

around 6 minutes later he returned to the car to find a parking attendant issuing a ticket.

The parking attendant said that you could only park in a disabled spot using the blue badge or else you have to pay.

 

My partner refused to take the ticket which hadn't been printed at this point and drove away.

 

I have today received notification of this and a demand for £50.

 

Any advice would be very welcome, as I think this is so unfair.

[Al27]

Sounds like mitigating circumstances to me. Just tell them what you told us.

 

Can we see the Notice to Owner? Might some legal wording errors.

[Jamberson]

The PCN was not issued so is technically unenforceable. However if the PA notes say he issued it by handing it to the driver, it's your word against theirs. It's one factor to bring up though as it at least introduces uncertainty over their version of events.

 

And like the answer above says, you have good mitigating circumstances for an appeal to succeed.

[Al27]

I understood the PCN no longer has to be issued on the spot with the introduction of TMA 2004?

[Jamberson]

You might be right. My knoweldge could be a little out of date then. It certainly used to invalidate them. Maybe someone can confirm on this point.

[bribri]

Aside from any errors on the documentation and are we sure it is a council PCN, would it be possible to see a photo of the car park board with parking rules.

 

Our local car park allows blue badge holders to park anywhere.

 

Did the parking attendant take a photo of the blue badge or note in the pocket book that there was one displayed?

 

What was the actual contravention code?

[superstarjan]

Hiya all!

Thanks for the messages, I can't get a photo of the board at the car park, as were on a day out to St Annes.

 

Also, there is no contravention code on the letter I have received, so I'm not sure what it was.......it does say however 'parked in a car park without clearly displaying a valid pay & display ticket or voucher or parking clock'.

 

I'm not sure if the attendant took photos or not, or whether he made a note in his book.

 

Should I write a letter of appeal to them stating the circumstances.

Thanks.

[patdavies]

You might be right. My knoweldge could be a little out of date then. It certainly used to invalidate them. Maybe someone can confirm on this point.

 

Since the commencement of the Traffic Management Act 2004, and the subsequnet regulations enabled by that Act, there are now two types of PCN.

 

A Section 9 PCN is effectively the same as the old TRA 1991 PCN; it must be affixed tot he vehicle or handed to the driver.

 

A Section 10 PCN is sent by post and is used for CCTV enforcement or where the CEO was prevented from issuing. It is - very basically - a PCN and NtO combined. It is also used for moving traffic contraventions.

 

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 Reg 9 & 10

 

Penalty charge notices — service by a civil enforcement officer

 

9. Where a civil enforcement officer has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area, he may serve a penalty charge notice—

(a) by fixing it to the vehicle; or

(b) giving it to the person appearing to him to be in charge of the vehicle.

 

 

Penalty charge notices — service by post

 

10.—(1) An enforcement authority may serve a penalty charge notice by post where—

(a) on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area;

(b) a civil enforcement officer attempted to serve a penalty charge notice in accordance with regulation 9 but was prevented from doing so by some person; or

© a civil enforcement officer had begun to prepare a penalty charge notice for service in accordance with regulation 9, but the vehicle concerned was driven away from the place in which it was stationary before the civil enforcement officer had finished preparing the penalty charge notice or had served it in accordance with regulation 9,

and references in these Regulations to a “regulation 10 penalty charge notice” are to a penalty charge notice served by virtue of this paragraph.

(2) For the purposes of paragraph (1)©, a civil enforcement officer who observes conduct which appears to constitute a parking contravention shall not thereby be taken to have begun to prepare a penalty charge notice.

(3) A regulation 10 penalty charge notice shall be served on the person appearing to the enforcement authority to be the owner of the vehicle involved in the contravention in consequence of which the penalty charge is payable.

(4) Subject to paragraph (6), a regulation 10 penalty charge notice may not be served later than the expiration of the period of 28 days beginning with the date on which, according to a record produced by an approved device, or information given by a civil enforcement officer, the contravention to which the penalty charge notice relates occurred (in these Regulations called “the 28-day period”).

(5) Paragraph (6) applies where—

(a) within 14 days of the appropriate date the enforcement authority has requested the Secretary of State to supply the relevant particulars in respect of the vehicle involved in the contravention and those particulars have not been supplied before the expiration of the 28-day period;

(b) an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 23(5)©; or

© an earlier regulation 10 penalty charge notice relating to the same contravention has been cancelled under regulation 5 of the Representations and Appeals Regulations.

(6) Where this paragraph applies, notwithstanding the expiration of the 28-day period, an enforcement authority shall continue to be entitled to serve a regulation 10 penalty charge notice—

(a) in a case falling within paragraph (5)(a), for a period of six months beginning with the appropriate date; or

(b) in a case falling within paragraph (5)(b) or ©, for a period of 4 weeks beginning with the appropriate date.

(7) In this regulation—

(a) “the appropriate date” means—

(i) in a case falling within paragraph (5)(a), the date referred to in paragraph (4);

(ii) in a case falling within paragraph (5)(b), the date on which the district judge serves notice in accordance with regulation 23(5)(d); or

(iii) in a case falling within paragraph (5)© the date on which the previous regulation 10 penalty charge notice was cancelled; and

(b) “relevant particulars” means particulars relating to the identity of the keeper of the vehicle contained in the register of mechanically propelled vehicles maintained by the Secretary of State under the Vehicle Excise and Registration Act 1994.

[Jamberson]

Thanks Pat. I see now, 10 © covers this situation, so I was wrong in suggesting it was unenforceable.

[green_and_mean]

A Section 10 PCN is sent by post and is used for CCTV enforcement or where the CEO was prevented from issuing.

 

Its actually prevented from serving the PCN, a PCN has to be issued at the time of the contravrention and then prevented from service by threatened violence or the driver driving off.

[Conniff]

Hiya all!

Thanks for the messages, I can't get a photo of the board at the car park, as were on a day out to St Annes.

 

Also, there is no contravention code on the letter I have received, so I'm not sure what it was.......it does say however 'parked in a car park without clearly displaying a valid pay & display ticket or voucher or parking clock'.

 

I'm not sure if the attendant took photos or not, or whether he made a note in his book.

 

Should I write a letter of appeal to them stating the circumstances.

Thanks.

 

Isn't that a blue badge??

 

If so then he must have noted it.

[green_and_mean]

Isn't that a blue badge??

 

If so then he must have noted it.

 

No its a parking clock, if it was a blue badge it would say so.

[superstarjan]

There are two parts to the blue badge, when parking on double yellows you also have to display the parking clock, you are allowed a certain amount of time, so have to set the clock to the time you leave the car.

[green_and_mean]

A 'parking clock' mentioned on PCNs is nothing to do with the clock you get with blue badges. Some Councils use a similar clock which you use to set what time you arrive in a free parking area.

[superstarjan]

oh I see, thanks for that green and mean!

[superstarjan]

I will now send them a letter stating what happend.

 

one other thing though, is there anything that i shouldn't say, incase it makes matters worse, or indeed things that I could say to improve my chances of getting the fine overturned? I'm not really very good with all this legal stuff.

[Al27]

I would just try to be polite and ask them to be kind and use their discretion.

 

If they drag their heels you can take it to the adjudicator, which is an easy and free service.

[superstarjan]

Just got notification today that they have cancelled this PCN - GREAT!

 

Thank you all very much for your help x

[kiptower]

great news 4 you and well done