Parked in disabled bay invalid badge.

Martok

[FONT=&quot]My wife got a council parking ticket for parking in a disabled bay without displaying a valid disabled persons badge in the prescribed manner.[/FONT]

[FONT=&quot]As she had just renewed her blue badge she had both of them in the car and when she parked she inadvertently displayed the out of date one instead of the new one.[/FONT]

[FONT=&quot]She appealed the ticket by email and attached a photograph of her new badge as proof that she actually had an in date one.[/FONT]

[FONT=&quot]The council turned down her appeal and she now has 14 days from 12 February to pay the discounted charge of £35.[/FONT]

[FONT=&quot]In the councils [/FONT][FONT=&quot]Civil Parking Enforcement Procedures it states:[/FONT][FONT=&quot]
[/FONT]
[FONT=&quot]EXPIRED BADGE: NOTICE TO BE UPHELD. DISCRETION MAY BE EXERCISED IF VALID PERMIT IS PRODUCED WITHIN ONE MONTH OF EXPIRY DATE.[/FONT]

[FONT=&quot]In my wifes case they have not used any discretion, is it worth waiting for the notice to owner and going for a formal appeal? Bearing in mind that if she loses she will have to pay the full charge of £70.[/FONT]

[FONT=&quot]The council have stated in their letter that should my wife decide that she is going to formally appeal then she should not contact them any further but wait for the NTO form.[/FONT]

Half_way

In general council issued tickets are almost always turned down at the first appeal stage,a quick read through shows that there should be a good chance of overturning this at appeal.
You would also be advised to post this over on pepipoo as well, as there are more experts in council parking tickets etc over there

Coupon-mad

Martok wrote: »

[FONT=&quot]My wife got a council parking ticket for parking in a disabled bay without displaying a valid disabled persons badge in the prescribed manner.[/FONT]

[FONT=&quot]As she had just renewed her blue badge she had both of them in the car and when she parked she inadvertently displayed the out of date one instead of the new one.[/FONT]

[FONT=&quot]She appealed the ticket by email and attached a photograph of her new badge as proof that she actually had an in date one.[/FONT]

[FONT=&quot]The council turned down her appeal and she now has 14 days from 12 February to pay the discounted charge of £35.[/FONT]

[FONT=&quot]In the councils [/FONT][FONT=&quot]Civil Parking Enforcement Procedures it states:[/FONT][FONT=&quot]
[/FONT]
[FONT=&quot]EXPIRED BADGE: NOTICE TO BE UPHELD. DISCRETION MAY BE EXERCISED IF VALID PERMIT IS PRODUCED WITHIN ONE MONTH OF EXPIRY DATE.[/FONT]

[FONT=&quot]In my wifes case they have not used any discretion, is it worth waiting for the notice to owner and going for a formal appeal? Bearing in mind that if she loses she will have to pay the full charge of £70.[/FONT]

[FONT=&quot]The council have stated in their letter that should my wife decide that she is going to formally appeal then she should not contact them any further but wait for the NTO form.[/FONT]

Wow that will win later, 'no discretion exercised, contrary to stated policy - procedural impropriety'.

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

Post a picture of the PCN (both sides, yes the small print bumf on the back as well) in a new topic there (no HOTMAIL emails allowed!) and wait for the NTO, that's where it will be won! And it will be.

Good research, to use their own policy to establish a procedural impropriety.

The council have stated in their letter that should my wife decide that she is going to formally appeal then she should not contact them any further but wait for the NTO form.

True. Bring on the NTO!! Tell her to look out for it next month or so, that's the cue to win.

SHE WILL NOT LOSE.

:T