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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10795
Experience:  Barrister 17 years experience
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I have a Penalty charge notice from Lincolnshire cc. " parked

Resolved Question:

I have a Penalty charge notice from Lincolnshire cc. " parked in a restricted street during prescribed hours" "Location..Eastgate Louth." ..a single line restriction 8.00am- 6.00pm.
I am a blue badge holder and this was clearly displayed.
The Notts. PP say I was not displaying the badge cards, ..I Was!
but no mention of this on the PCN. Should I contest this further?
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.
Buachaill :

1. Yes, you most certainly should contest this further. Essentially, an exemption is allowed for a blue badge holder, so you should seek to claim the exemption. Send a photo of your car with the blue badge clearly showing to Lincolnshire CC and make clear the badge was displayed on the day in question. Clearly whoever gave you the PCN did not take the trouble to look closely at your car. So you should certainly follow up and contest the charge. Be aware that before a Magistrate the onus is on the parking attendant to prove all aspects of his case beyond a reasonable doubt. This includes showing that he examined the car to see that there was no blue badge there. If you can show photos to the contrary clearly showing your blue badge then this aspect of the case will not be found proved. So stand your ground.

Customer:

Thank you..the fact that no mention of the blue badge appeared on the PCN would seem to be significant. Can you comment. Thanks.

Customer:

further ..is it lawful for Notts PP to rest their case on something not mentioned on the PCN? Thanks.

Customer:

4/8/2014...waiting.

Buachaill :

2. I would not state that just because no mention of the blue badge appeared on the PCN that this is decisive. I would simply take the view that that the person concerned just did not see it. secondly, there is nothing to prevent Notts PP from relying upon something not mentioned in the PCN. The only issue is whether an offence is committed or not. Provided they can show an offence has been committed they may rely upon something not in the PCN. However, you will be able to show to the contrary.

Customer:

Thank you very much. yours John Perrett.

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