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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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good evening my mother in law is a disabled badge holder,

Customer Question

good evening
my mother in law is a disabled badge holder, she is 90 years old, outside her house is a disabled parking bay i provide her transport needs whenever possible, her old badge had run out so we applied for new one and paid the ten pound renewal fee , we were told it would take 8 weeks for the new one to arrive, i have since received a ticket forparking in the aforementioned bay the reason , is PARKING IN DISABLED BAY WITHOUT DISPLAYING A VALID PERMIT. if i had put the out of date badge in i could be fined 1000 pounds i appealed on this notice ,but got rejected what can i do next. bexley council say they will not enter into any more correspondence . i hope you can help thanks p murphy.
Submitted: 4 years ago.
Category: Traffic Law
Expert:  Jo C. replied 4 years ago.
Thank you for your question. i will try to help with this.

What exactly would you like to know?
Customer: replied 4 years ago.

if the ten pound fee had b een paid prior to the pcn being issued and being told told it will take 8 weeks to arrive, is the council within its rights to reject the appeal


FOR JOMO1972

Expert:  Jo C. replied 4 years ago.

I am sorry but the PCN is issued for the failure to display. That is the issue. There is no defence in saying that you did have a permit but were not displaying it.

You can ask the Council to cancel any PCN using their discretionary grounds on this basis and sometimes they have been known to do so but there is no positive defence I'm afraid.

As with all discretions, while the council do have a right to agree, they also have a right to refuse to exercise it in your favour.

If this has fallen at the informal appeal stage though then it is possible that they would over turn it at higher stages. It depends how far you have gone with this. If they went right up to the Adjudicator then the truth is that you would have no defence on this point but there is a significant possibility that they may withdraw the PCN just before the hearing.

Hope this helps. Please rate my answer and then I will be able to continue for free.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69359
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 4 years ago.

 


FOR JOMO1972


the PCN was issued correctly, however the dilema was, do i display the out of date badge and risk the up to 1000 pound fine. as i explained i had not received the renewed badge which has been paid for,prior to the PCN being issued


therefor i had nothing to display, but the badge was paid for


i was told it would take up to 8weeks to arrive. so my gripe is, they have taken the money but have not provided the service ie the badge

Expert:  Jo C. replied 4 years ago.
I think their answer would probably be to say that you should have renewed in time so that you could display a badge with a correct date upon it.

Thats the problem.

I know there is a delay on these things.
Customer: replied 4 years ago.

yes i understand that but she is 90 years old she keeps the badge,, sometimes her sons take her out so they need the badge.
anyway thanks for your help it is appreciated

Expert:  Jo C. replied 4 years ago.
Yes, I know their requirements are unrealistic.

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