Help needed - incorrect contravention code and observation times on Council PCN

chrischrisgogo · 16 May 2024 at 11:24PM

Hi Everyone

I am hoping someone can help me with this representation. I would include documents but I have not been a member long enough on here to do so.

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.

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.

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 from their website 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 stated on the ticket.

In a nutshell, they said there was no valid disabled badge 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 taking the time to read, I look forward to hearing your advice.