parked In Disabled Bay with A Valid Disabled Badge Showing Still got a ticket ? Help

[missbling]

Hi I took an elderly gentleman shopping today, parked in the council car park, in a disabled bay. checked the time limit on parking in disabled bays clearly says no restrictions on time allowed to park with a disabled badge. No Three hour time limit.

 

I did not display the clock as no need to as no time limit. Got back to car got a ticket stuck to the window. Which said Contravention parked in a disabled bay without a valid disabled badge showing. But what the warden has done is cross this out with her pen and write No Clock.

 

I challenged the Warden and said you can't hand write what you think you can only issue a ticket for what the contravention says she laughed and said well appeal it then but you wont get anywhere.

 

I spoke to a solicitor today, a friend. Its not his field really but he felt that they would not hold up in court if they issued a ticket in which the contravention had been adhered to, but they had added their own wording in pen to what the warden thought the law to be.

 

I also spoke to the disabled drivers organisation, who said that they had come across this before, but in their view the law does not state that a clock has to be displayed as it is only a courtesy to the parking authority there is no bearing on the actual person who is disabled to set the clock....A bit bizzare!!!

 

Anyway.....any thoughts ??????? I would welcome some other opinions on this

 

thank you so much

[Jamberson]

The contravention code for not displaying a blue badge is appropriate if the issue in fact hinges on not having a clock. It's an all-encompassing definition along the lines of "not displying a valid badge in the correct manner".

 

In this sense, the warden hasn't imposed an extra contravention, because the alleged contravention is covered by what's printed on the PCN. The issue then is whether a clock is required at all. It sounds from your description as if one is not needed, as there's no time issue.

 

Why don't you phone the parking dept and without mentioning this PCN, enquire whether a clock is needed there, and whether there is any sort of time limit? This will give you a bit of clarification, and any images you can post on here will help (in particular the signage at the car park and the PCN itself).

Edited August 10, 2009 by Jamberson

[missbling]

Thank you for taking the time to reply. No I am sorry I do not have a scanner to post it on here.

 

It says we had reason to believe

 

that the following contravention had occured and that a penalty charge is now payable..

Parked in a disabled person's parking place without clearly displaying a valid disabled person's badge.

 

This has a small line in pen drawn over it and written in the traffic warden's black pen is the words "No Clock" and initials.

 

 

On the bottom part of the ticket the Payment slip

 

No crossing out has been done at all no writing it just says

 

Contravention

 

Parked in a disabled person's parking place without clearly displaying a valid disabled person's badge.

 

***********************************************

 

correct me if I am wrong....but does the top half of a ticket to be valid have to be the same as the payment slip as well.......

 

Appreciate your help on this one.....

[Jamberson]

Hi.

 

I posted my reply too soon - please see above for my full reply.

 

Not sure if writing on the PCN might invalidate it, but I doubt it. Hopefully someone else will know.

[patdavies]

correct me if I am wrong....but does the top half of a ticket to be valid have to be the same as the payment slip as well.......

 

Appreciate your help on this one.....

 

No, since the contents of the payment slip are not governed by statute.

[missbling]

Not having much luck then.....I came home thinking I had a good case for a fight....but looks like I am one hundred pounds worse off then !!!

[sarajulldin]

all codes are from this company, i think there are a general code england uses: PATROL Online

 

on the ticket should be a code number for the contrvention. let us know the number and that refers to the rules broken, now if that code points towards a rule which does not mention anything about a time, then you sorted, if there is no number, then i dont have anything else lol

[BankFodder]

Pay the fine in order to avoid further complications and then appeal. pay the fine with a letter saying that it is under protest and that you will be appealing.

[sarajulldin]

how much is the ticket? and any discounts? within certain time limit?

[missbling]

Hi the code was code 40

 

i copied this legislation off of the patrol website. makes no mention of a clock ?

 

Code 40

 

Title Parked in a designated disabled person's parking place without clearly displaying a valid disabled person's badge

 

Type On street

 

Differential levelHigherDiscription

[sarajulldin]

Hi the code was code 40

 

i copied this legislation off of the patrol website. makes no mention of a clock ?

 

Code 40

 

Title Parked in a designated disabled person's parking place without clearly displaying a valid disabled person's badge

 

Type On street

 

Differential levelHigherDiscription

 

 

absoutly no mentions of time, linked to the code used on the ticket, defo appeal, present the case, ask them to clarify the code 40, and why the officer decided to write on it and adding the time, when the code used mentions no time.

 

is there like a discount on the amount if paid within a certain time limit? if so check whether the time limit is put on hold when appealing.

[Jamberson]

Do NOT pay the fine then appeal. Do one or the other. Paying then appealing does not avoid further complications, it causes further complications. Not only are they likely to refuse to consider an appeal on a paid PCN. even if you win you have to go through the rigmarole of applying for your own money back.

 

You need to ascertain whether there is a requirement for a clock. If there is not, you should win on appeal. If there is, still appeal, but do so on the basis that the regulation is unclear, and you may well get benefit of doubt.

[lamma]

Once you pay the case will be closed. Any appeal after then will be dismissed as meaningless.

[sarajulldin]

as said above, out of everything you need to do, DO NOT pay lol

 

appeal, appeal and appeal and the basis as stated above, and keep the forum updated !

[missbling]

Thanks everyone. I really appreciate you coming to my aid on this one. I have just put in an appeal, I am not going to pay I have decided to fight it on the above information. Yes the discount period is put on hold whilst an appeal is considered, so nothing ventured nothing gained. Would not mind, our council is thousands of pounds in debt, the shops are closing all around their ears and they are employing more and more traffic wardens to chase people spending what little money they have on the remaining shops!!! Let alone finding little loopholes to penalise disabled OAPs thats my rant over for the day !!!

 

I will definately keep you all informed. Just to say again a big thank you your help means a lot to me and is greatly appreciated.

[sarajulldin]

Thanks everyone. I really appreciate you coming to my aid on this one. I have just put in an appeal, I am not going to pay I have decided to fight it on the above information. Yes the discount period is put on hold whilst an appeal is considered, so nothing ventured nothing gained. Would not mind, our council is thousands of pounds in debt, the shops are closing all around their ears and they are employing more and more traffic wardens to chase people spending what little money they have on the remaining shops!!! Let alone finding little loopholes to penalise disabled OAPs thats my rant over for the day !!!

 

I will definately keep you all informed. Just to say again a big thank you your help means a lot to me and is greatly appreciated.

 

 

the council you described sound very much like our council Pendle Borough Council

 

they wardens must have some kind of incentive in place for placing tickets

[green_and_mean]

Contravention 40 is for an 'On street' bay so the PCN is void, there is also no requirement to display the clock unless the parking place has a time limit. Don't pay appeal state the contravention used is incorrect for a car park and that unless there is a sign to state otherwise a clock is not needed in a car park, any problems get back to me.

[patdavies]

Pay the fine in order to avoid further complications and then appeal. pay the fine with a letter saying that it is under protest and that you will be appealing.

You cannot do that.

 

You can only pay or appeal; you can't do both,

[lamma]

Contravention 40 is for an 'On street' bay so the PCN is void, there is also no requirement to display the clock unless the parking place has a time limit. Don't pay appeal state the contravention used is incorrect for a car park and that unless there is a sign to state otherwise a clock is not needed in a car park, any problems get back to me.

 

G&M is correct. pay attention to his words.