Advice on how to appeal PCN please

[marleymouse]

I have a blue disabled badge & drive a motobility vehicle & attended Kings Hospital Lambeth, London today. With no car park or disabled spaces available I parked on a double yellow line at 10.15am put my badge in place with time displayed. I was delayed due to an unexpected procedure in the hospital but returned to my car at exactly13.15 & my husband prepared to put my wheelchair in the boot but as I moved towards the driver door I noticed the ticket on my windscreen.

I don't know the area so was initially concerned I may have parked in a prohibited area without realising but two workman nearby witnessed my return & was helping me establish that I was in fact parked correctly with my badge. While we were speaking a warden appeared (apparently not the one who issued the ticket as his badge number is different) & I asked him to confirm why I might have been issued a ticket, this warden was very helpful & he noticed the ticket had been issued at 13.14pm which was a minute before my three hour limit had expired. I don't have a camera so in order to appeal (as advised by the helpful warden) the workman kindly took the relevant photos of...my blue badge still in position with time displayed at 10.15am, the parking ticket & my number plate...& he has emailed them to me.

I wonder if anyone can please advise on how to word my appeal. I am aware I was cutting it fine to get back to my car within the 3 hour limit but I genuinely was back by 13.15. Are they likely to deny my appeal on those grounds? I did not touch my card before photo was taken and it shows 10.15. I am hoping someone like mystery1 may be able to offer some tips please.

[mystery1]

Re: Advice on how to appeal PCN please

Contact PALS and see if they can help.

What is the infringement on the ticket ?

M!

[marleymouse]

Re: Advice on how to appeal PCN please

Many thanks for responding mystery1.
I was parked in Cutcumbe Road (which is near the Hospital car park but not part of their parking areas), it says it was issued for & on behalf of The London Borough of Lambeth. Do you think PALS could help under these circumstances?
The ticket states contravention code 01o - Parked in a restricted street during prescribed hours (blue badge holder).
The warden I spoke to explained it would have been issued for overstaying the 3 hour limit that my blue badge permits on the double yellow lines in that street, however he noticed the time on the ticket indicated his colleague had issued it before the 3 hours had actually expired albeit only by 1 minute so he advised me to appeal. He did confirm I was fine to be parked where I was with my badge displayed but for only 3 hours maximum so it should be the time factor alone that the ticket was issued..

[mystery1]

Re: Advice on how to appeal PCN please

With council tickets, i would doubt it. I'm not au fait with the intricacies of council tickets. Hopefully someone can help though.

M1

[Kati]

Re: Advice on how to appeal PCN please

With council tickets, i would doubt it. I'm not au fait with the intricacies of council tickets. Hopefully someone can help though.

M1

[MENTION=39331]ostell[/MENTION] maybe??

[ostell]

Re: Advice on how to appeal PCN please

Council tickets aren't me either. The council section of pepipoo.com?

[Kati]

Re: Advice on how to appeal PCN please

Council tickets aren't me either. The council section of pepipoo.com?

This bit?? http://forums.pepipoo.com/index.php?showforum=30

[ostell]

Re: Advice on how to appeal PCN please

That's the one. Sorry to point out of legal beagles.

[Openlaw15]

Re: Advice on how to appeal PCN please

I have a blue disabled badge & drive a motobility vehicle & attended Kings Hospital Lambeth, London today. With no car park or disabled spaces available I parked on a double yellow line at 10.15am put my badge in place with time displayed. I was delayed due to an unexpected procedure in the hospital but returned to my car at exactly13.15 & my husband prepared to put my wheelchair in the boot but as I moved towards the driver door I noticed the ticket on my windscreen.

I don't know the area so was initially concerned I may have parked in a prohibited area without realising but two workman nearby witnessed my return & was helping me establish that I was in fact parked correctly with my badge. While we were speaking a warden appeared (apparently not the one who issued the ticket as his badge number is different) & I asked him to confirm why I might have been issued a ticket, this warden was very helpful & he noticed the ticket had been issued at 13.14pm which was a minute before my three hour limit had expired. I don't have a camera so in order to appeal (as advised by the helpful warden) the workman kindly took the relevant photos of...my blue badge still in position with time displayed at 10.15am, the parking ticket & my number plate...& he has emailed them to me.

I wonder if anyone can please advise on how to word my appeal. I am aware I was cutting it fine to get back to my car within the 3 hour limit but I genuinely was back by 13.15. Are they likely to deny my appeal on those grounds? I did not touch my card before photo was taken and it shows 10.15. I am hoping someone like mystery1 may be able to offer some tips please.

The council owe you a duty under the Equality Act 2010 to make reasonable adjustments, so are more likely to show you some discretion being you're a Blue badge holder, ie you have a disability and if you were to say the extra time is in your view a fair reasonable adjustment. You had 3 hours to park on double yellow lines although you went over by a small amount of time it is only minor as you had permission to park there which is different if you did not have such permission. Deal with this promptly before it goes any further. Contact the Council, informing them you'll put the circumstances which include your further mitigating circumstance in writing. Incidentally, why did you go over, did you lose track of time, does your disability affect your ability to perceive elapsed time?

[ostell]

Re: Advice on how to appeal PCN please

The duty is to allow parking on double yellow lines. The 3 hours is the extra time because of disability.

[Openlaw15]

Re: Advice on how to appeal PCN please

The duty is to allow parking on double yellow lines. The 3 hours is the extra time because of disability.

3 hours on a double yellow line is standard practice. A reasonable adjustment also applies to public authorities where there are new situations as an adjustment necessarily differs from situation to situation, disability to disability, and person to person.

[marleymouse]

Re: Advice on how to appeal PCN please

Thanks for all the advice. My reason for overstaying was I had to have an unexpected procedure which required me to wait before leaving the hospital to ensure there were no complications from it, this made the time left to return to my car a bit tight. I am unsure if the delay would have been accepted as mitigating circumstances but I have now sought assistance & because the ticket was actually issued 1 minute before my blue badge clock had expired the PCN is invalid regardless. I have appealed on these grounds & am hopeful it will be cancelled. I will let you know the outcome.