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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69263
Experience:  Over 5 years in practice
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Ive appealed against 2 PCNs issued, one under code 83 (28/09/13)

Customer Question

I've appealed against 2 PCN's issued, one under code 83 (28/09/13) and one under code 87 19/09/13), stating that on both occasions we were clearly displaying the blue badge with the correct time on the clock (as both codes suggested that it wasn't being correctly displayed) and also attached a photograph. At the time I had no idea that my Mother's blue badge had expired (she's 75 years old and as the badge only needs renewing every 3 years it's not something at the forefront of her mind) and codes make no mentioned of the blue badge having expired (suggesting they do not have such a code available to use?), so it wasn't until I got the response to my appeals and it actually stated that it was because the blue badge had expired on 7th Sept 2013, that I realised the reason for them being issued.
I have re-applied for my Mother's blue badge but as there is no longer a 'renewal' process, there is a delay in the replacement badge coming through and the council are saying that my Mother (who is living on an extremely tight budget as a disabled pensioner) is still liable to pay £70 in PCNs, which seems extremely callous and proves it is simply a revenue generating exercise rather than a true traffic management process.
My question is, as their reason codes do not accurately describe the contravention, shouldn't that mean my Mother is not liable to pay them?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this. So to confirm, the initial PCN had the wrong reasons, although this was later clarified by the issuing auithority?
Customer: replied 3 years ago.

Yes, when they replied to say the appeal wasn't successful, they stated that the badge had expired but previous to that we had no idea why the tickets had been issued.


I appealed to both tickets on 03/10 and received the reply saying that the badge had expired on 11/10. If the correct reason had been sated on the original ticket (issued 19/09) we would have known and not used it when parking on 28/09 when the second PCN was issued.


Also the PCN issued on 19/09/13 under code 87 incurred a penalty of £70 (£35 if paid within 14 days) but the PCN issued on 28/09/13 under code 83 incurred a penalty of £50 (£25 if paid within 14 days) yet subsequently it became apparent that they were both for the same contravention!


Expert:  Jo C. replied 3 years ago.
I am just travelling at the moment and do not have a permanent signal so as soon as I get a better connection I will respond. I won't be too long hopefully - thanks for your patience. Please don't respond to this thread in the meantime, thanks
Customer: replied 3 years ago.

For Jo C. When should I expect a reply? do you still have no permanent signal?

Expert:  Jo C. replied 3 years ago.
Sorry I did come back but it obviously failed to upload.

I will look up the codes now.
Customer: replied 3 years ago.
For Jo C.
Code 87 - Parked in a designated disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner
Code 83 - Parked in a car park without clearly displaying a valid pay & display ticket or voucher or parking clock.
Yet both PCNs were issued because the blue badge had expired on 7th Sept which wasn't stated until I received my replies to the appeal letters.
Expert:  Jo C. replied 3 years ago.
I'm really sorry for the delay. I came back on both occasions and it obviously didn't upload on my ipad.

Displaying an expired blue badge is not a contravention of itself. The contravention lies in parking without proper authorisation which is the point they are making. Code 87 just covers parking without a valid permit and an expired blue badge is not a valid permit. Similar code 83 punishes those who are parked without displaying a valid permit. An expired blue badge is not a valid permit I'm afraid.

Since it has now been renewed and she was always entitled to a blue badge, the council might be persuaded to use their discretionary grounds to cancel the PCNs.

However, if you went to Adjudication and they contested it and were properly prepared then they would win I'm afraid.

Im very sorry.

Can I clarify anything for you?


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