Disabled Badge Passenger PCN "25 Parked in a loading place during restricted hours without loading"

[Belfast belle]

Disabled passenger with blue badge on display, I parked in a loading bay at 4.35pm on a Saturday mistakingly thinking that loading restriction would not apply. Received PCN and paid £30. Now being pursued for a further £30 because the payment arrived 2 days after it should have despite being posted in good time!

Can anyone help appeal the ticket and the additional demand?

Edited June 21, 2009 by Belfast belle
typo

[TheBogsDollocks]

Section 87 of the Traffic Management Act 2004 advises that authorities must have regard to the Secretary of State's statutory guidance.

 

This guidance advises under section 72

 

If there are unusual delays with the postal system, authorities should make

allowances for late payments made by post when considering whether a

payment was received within the statutory period. Enforcement authorities

may wish to keep the envelope that the payments came in, as the franking

can be used as evidence of the date of posting.

 

With this in mind I would argue that the secretary of state's statutory guidance which is given legal standing by section 87 of the TMA 2004 clearly advises authorities that where there are unusual delays in the postal system then they should make allowances for late payments and that it advises that authorities should keep the envelope as the franked date can prove date of posting.

If they have the envelope and the franked date supports your claim then you have good grounds for appeal. If they have not kept the envelope then you also have good grounds for appeal as they have not followed the statutory guidance which is supported by primary legislation.

I doubt very much that this argument would be accepted by a council but I do know from experience that an adjudicator will question the authority about their policy and may cancel the PCN on grounds of procedural impropriety.

[wheelergeezer]

Do you have any proof of posting?