Help needed - incorrect contravention code and observation times on PCN

[onlyhuman]

Hi Everyone

I am hoping someone can help me with this representation. I have tried my best to include all the information with copies of relevant documents attached. I have omitted personal details.

I parked in a disabled bay in a council off street car park in front of my pharmacy to pick something up. I put my disabled badge on the dashboard before I got out the car. When I came back there was a council issued ticket on my car. I looked at my dashboard and the badge was not there. I opened the passenger door and the badge had slid off on to the floor. My bad luck. This happened at 08:39 on 10/03/2024.

However, under closer inspection, I noticed that the details on the ticket had a couple of incorrect details (copy of ticket attached).

Firstly, the 'observation start time' and 'time of contravention' were both the same time 08:39. I found this odd almost as if the officer must have rushed to immediately put the ticket on my car when I went into the pharmacy with no observation period time.

Secondly, I looked up the contravention code: 40 on the councils parking policy document on their website (copy of councils policy contravention codes attached). The contravention code: 40 gave the following description: 'parked in a designated disabled persons parking place without clearly displaying a valid disabled person's badge - Contravention type: ON STREET Observation time: 2 MINUTES.

Having read the other contraventions codes on the councils policy document, it appears that contravention code: 40 was the incorrect code. The contravention code 87 states 'parked in a designated disabled persons parking place without clearly displaying a valid disabled person's badge - Contravention type: OFF STREET CAR PARKS Observation time: 2 MINUTES.
I'm not sure if it made any difference, but when I appealed the ticket, I attached a picture of my disabled badge and medical letters and explained what happened. I also attached the councils parking policy document and informed them that the contravention code was not valid as the car was parked in an 'off street car park' (wardens photos clearly show this). I also informed them that no observation time was carried out despite the parking policy stating 2 minutes.

Needless to say, they rejected my appeal (Notice of Rejection attached). They state it was 'parked in a prescribed manner in Church Street' as opposed to 'Church Street Car Park'. They did not respond to my points of the incorrect convention code or that no 2 minute observation time was carried out by the warden. All they said was no valid disabled badge was displayed and that they have no justification to cancel the PCN.

So here I am on a Thursday evening trying my best to find some sort of saving grace. I have just received the Notice to Owner and I'm not sure how to proceed. I was hoping someone on this forum would read this and be able to offer some helpful advice.

I am thinking of making a representation, but I really don't know what grounds I should focus on. They give 8 different grounds for representation on the notice to owner, but I am not sure which one would (if any) apply to my case. I have selected the three that may have some sort of relevance:

1) The alleged contravention did not occur - on the basis that the wrong contravention code was on the ticket.
2) The traffic order is invalid - I have googled this but I do not know what this means and if it is applicable to my case?
3) There has been a procedural impropriety on the part of the enforcement authority - on the basis that the wrong code was issued and that no observation time was adhered.

It may be that none of the grounds would apply to my case, but since I have already missed the discounted penalty rate, I might as well see how far I can take it.

In any event, I hope my situation can help others who might have had issues with their blue badge slipping off and incorrect contravention codes or observation times on their ticket

All thoughts are much appreciated. Please let me know if you need any more information.

Thanks for reading, I hope there is some saving grace


Copies of documents:

https://ibb.co/YPKL8Zj (contravention codes on councils parking policy document)

https://ibb.co/kmmVFLW (ticket pcn)

https://ibb.co/8BrxTrw (notice of rejection)

[michael]

Resond to the NtO on the grounds that the contravention did not occur - you were not on Church St as the pcn alleges, but Church St car park which can be evidenced by the councils own photos and therfore the alleged contravention is wrong since this is for an on-street contravention.

Doubtless they will reject again, but as you have realised you have nothing to lose by then appealing to adjudication. It's quite likely at this point that the council will throw in the towel, but even if they don't an adjudicator is lmost likely to allow your appeal.

Personally I would ignore BB and observation issues which are mere distractions. You need the council to focus on the main point.

[onlyhuman]

Resond to the NtO on the grounds that the contravention did not occur - you were not on Church St as the pcn alleges, but Church St car park which can be evidenced by the councils own photos and therfore the alleged contravention is wrong since this is for an on-street contravention.

Doubtless they will reject again, but as you have realised you have nothing to lose by then appealing to adjudication. It's quite likely at this point that the council will throw in the towel, but even if they don't an adjudicator is lmost likely to allow your appeal.

Personally I would ignore BB and observation issues which are mere distractions. You need the council to focus on the main point.

Hi Michael

Thank you so much for your advice - I will draft a representation to the council on the basis that the contravention did not occur as it was for an on-street contravention and that the warden photos attached to my PCN clearly show that the car was parked in a car park off Church street.

I will no longer mention my disabled badge or the observation times.

Do you think they have grounds to argue the following:

1) That the PCN ticket only states the contravention of not displaying a valid disabled badge and has no mention of 'on street' or 'off street car park' as such they will ignore the information from the Parking Policy Document?

2) The car park is off Church Street and so they will try and say that the car park is on Church Street?

Thanks again for your help

[michael]

Do you think they have grounds to argue the following:

1) That the PCN ticket only states the contravention of not displaying a valid disabled badge and has no mention of 'on street' or 'off street car park' as such they will ignore the information from the Parking Policy Document?

2) The car park is off Church Street and so they will try and say that the car park is on Church Street?

They may well, councils are only interested in money and will often make spurious statements in their replies in the hope that motorists will give up and pay. The fact remains that they cannot enforce a pcn for an on-street contravention that has occurred in an off-street car park.(and they know it)