PCN (Code 01) Spelthorne Council despite clearly displayed Blue Badge – Advice Needed

knowledgeseeker365

I recently received a PCN (Code 01 - "Parked in a restricted street during prescribed hours") from Spelthorne Borough Council for parking on yellow lines, despite clearly displaying my valid Blue Badge and setting the clock correctly and I am quite gobsmacked by it. 

Key details:

• PCN reads: Served on date, by Civil Enforcement Officer who had reason to believe that the following contravention had occurred "01 Parked in a restricted street during prescribed hours."

• PCN issued at 10:08 AM, with an observation period of approximately 10 minutes (09:58 –10:08).

• Blue Badge and clock clearly displayed, set at 09:00 AM (so well within the allowed 3-hour exemption). The blue badge can also been seen in the background on windscreen where ticket is attached.

• No loading restrictions indicated (no yellow kerb markings at all). Can be seen in pictures

• Road markings are severely worn and unclear.

• No signs indicating additional restrictions on my side of the road. Opposite side of the road does indicate 08:00 am to 06:30 PM Permit Holders Only.

• There is no CPZ entry sign; no upright plates on my side of the road either to indicate parking or loading instructions. 

• I reviewed the Spelthorne Residents’ Parking , which explicitly allows Blue Badge holders to park without restriction unless specific loading restrictions apply (none were present in observed area).

I am quite shocked as I believe this PCN was issued incorrectly, but before challenging formally, I  would appreciate the community’s experience:

• Has anyone successfully appealed a similar PCN using Blue Badge exemptions?

• Is there anything specific I should emphasise in my appeal?

• Any other advice or insights from personal experience?

I have included pictures including 2 pictures from Google Street to show street overlay and have tried my best to redact any personal identifiable information including badge and reg number but have original pictures if required to challenging this PCN. 

1- Picture with PCN (Badge can be seen displayed in background with timer at 09:00 ticket issued at 10:08)

2- Zoomed picture showing the blue badge (Badge Number redacted for privacy) 

3- Car Parked from wider angle showing no visible loading restrictions signs erected on my side.

4- Entrance to the street with no visible CPZ signs.

5- Wide angle picture of the street with my car on right hand side. Left side shows cars parked with floor marking indicating Permit Parking spaces. Right side has no marked bays only yellow lines.

6- Zoomed in picture of the same with my car on right with no visible parking restriction signs ,boards or yellow kerb markings on my side of the road visible.

7- A Wide angled picture from another view showing no kerb markings or parking restriction signs on my side of the road.

8- Picture to show marked bays indicating 08:00 am to 06:30 PM Permit Holders Only sign, Both highlighted to enhance visibility. Both of these are on the side opposite to where I am parked as can be seen in the picture.

9- Zoomed in picture to show the car parked on the yellow lines. These are are badly worn in places to be sure if they are single or double yellow. But either way its shared to show no yellow kerb markings were visible that can be indicative of parking restrictions.

10- Google Street picture to show parking restriction sign on the opposite side of the road.

11 - Another Google Street picture to show where car was parked including yellow lines and no parking restriction signage or kerb markings.

Thanks in advance for any advice or guidance! 

Umkomaas

As we major on private parking tickets here, Free Traffic Legal Advice (FTLA) forum will be your best bet for council penalty charges. Register there but please note that a Hotmail address may not work - try using a throwaway Gmail account instead if you do have trouble registering, and post a new thread; here's your link:

https://www.ftla.uk/index.php?board=3.0

Read the sticky 'Read this first before posting your case' as well as reading through some of the other threads there ahead of posting your own details, to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received from the council (both sides, if appropriate), as they need to see all the small print, and a Google Street View link.  Your photos will be very useful. Good luck. 

Car1980

Weird. I can't see any reason why you've been ticketed. Looks like you were allowed to park to me.

knowledgeseeker365

Car1980 said:

Weird. I can't see any reason why you've been ticketed. Looks like you were allowed to park to me.

Absolutely why I was shocked too but not sure what the person issuing this ticket was thinking at the time 

Coupon-mad

Looks like the time was set to 21.00 hours (9pm). 

knowledgeseeker365

Coupon-mad said:

Looks like the time was set to 21.00 hours (9pm). 

The time on clock is set as 9. If I were to park at 21:00 I would still display that as in the picture i.e. 9. You would note that there is a 21 on top of 9 because most yellow line parking restrictions are 3 hours. The little markers you see in between 9 and 10 are for 15 minute intervals, i.e. 09:15, 09:30, 09:45 and 10:00. 

DW190

Only a possibility but is the kerb dropped at the side of the car or is it just a wavy pavement.

knowledgeseeker365

Not a dropped kerb pic 7 and 9 shows that. Even hypothetically if it were it doesn’t qualify for contravention 01 parked in restricted street violation for which PCN is issued for?

DW190

knowledgeseeker365 said:

Not a dropped kerb pic 7 and 9 shows that. Even hypothetically if it were it doesn’t qualify for contravention 01 parked in restricted street violation for which PCN is issued for?

On that side of the street a dropped kerb would have been the only ticket that could have been issued to a BB holder so it should be easy to appeal as no contravention occured.

knowledgeseeker365

After weeks of waiting I finally heard back from council who have now confirmed they have cancelled the PCN. It was most shocking PCN I ever received.

This is the response I received:

“I am in receipt of your correspondence regarding the above Penalty Charge Notice (PCN).
I have noted the comments you have made in your correspondence stating that you had a valid blue badge displayed with accompanying required clock.
After Further investigation of this case, I can confirm this PCN has been cancelled. This is due to an error made by the Civil Enforcement Officer (CEO). Please accept my apologies for any inconvenience this matter may have caused. Please be advised you are no longer liable for the PCN, and all enforcement for the PCN has now ceased.

Your Sincerely,
Parking Services Team”

Thanks to all those who helped.

Umkomaas

Pity their errors don't attract similar penalties to those 'errors' of motorists!