Advice on PCN

We were in the bay for 2 hours so did not exceed the time limit although admittedly did not set the clock.
our only option now is to go to a tribunal.
I have read on another forum that although the clock should be set it is not a legal requirement and not enforceable.
Can anyone advise whether it is in our interest to go to tribunal?
I do not understand why the clock needs to be set in a timed disabled bay. A non disabled driver has no clock to set when they park in a normal timed parking space, it’s up to the warden to evidence the vehicle has exceeded the time restriction. Why does this not apply to a disabled bay also.
Comments
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Marc3367 said:My wife and I have recently been issued with a PCN for parking in a disabled bay with a 3 hour limit and forgetting to set the clock with the blue badge.
I do not understand why the clock needs to be set in a timed disabled bay. A non disabled driver has no clock to set when they park in a normal timed parking space, it’s up to the warden to evidence the vehicle has exceeded the time restriction. Why does this not apply to a disabled bay also.
Are you sure that there are no ANPR cameras monitoring the car park?
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It wasn’t a car park it was a disabled bay on the road.0
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I always thought the clock was to be set when parking on double yellows
As you point out non disabled parking on the street are only timed by CEO's when clocking for the first time then get booked if overstaying.
I personally would consider Tribunal ... but be mindful if the appeal isn't succesful the PCN will be double what it would be if you pay now
More research shows we're wrong ... if there's a time limit
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Yes, you must use the clock if there’s a time limit. Having a BB doesn’t mean we can park anywhere for as long as we want to.0
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poppy123456 said:Yes, you must use the clock if there’s a time limit. Having a BB doesn’t mean we can park anywhere for as long as we want to.
The time limit was 3 hours and we were there for 2.I am seeking to clarify if not using the clock can be enforced when we did not breach the 3 hour limit. The signage only stated the 3 hour limit with no other conditions.
I appreciate it’s in the guidance of having a BB to use the clock but can it be enforced legally when we did not breach the time limit.0 -
The issue you have is that how do they know you were only there for 2 hours? You could have been there for longer, for all they know. (i'm not saying you were)I genuinely do not to know the answer to your question but i would get some expert advice before proceeding any further because you could end up more out of pocket if you lose the appeal.0
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I think we will have to get further advice.
My argument is when general motorists park in timed bays they do not have any clocks to set but are also subject to a timed restriction. Such as 1hr parking no return for 2 hours. It’s up to the warden to evidence how long a car is in the bay, will say on PCN the times the car was observed between to evidence it exceeded the time limit. In our case they just saw the car and gave a ticket, why is a disabled bay any different.0 -
I don't usually do this but i'm going to redirect you to MSE forum for some advice. It's the parking tickets and fines section. You can find it here. https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking there's some very knowledgeable people on there and hopefully they will be able to help you.
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Thank you Poppy for pointing us on the right direction.0
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Hello Marc3367
You have appealed to Staffordshire Council twice, and they have not reconsidered the issue of the PCN, and if you believe that your case has merit, your next step may indeed be to pursue the matter further by going to a tribunal. The relevant tribunal for parking-related matters is the Traffic Penalty Tribunal (TPT).
The tribunal will review the evidence and arguments presented and make a decision based on the merits of your case. Keep in mind that going to a tribunal can be a formal and time-consuming process. It's essential to follow the specific procedures outlined by the TPT and present a strong case to improve your chances of a successful outcome.
The decision to go to a tribunal ultimately depends on you and the specifics of your case, the evidence you have, and your personal judgment. In this situation, you have raised a valid point about the requirement to set a parking clock in a timed disabled bay compared to regular timed parking spaces. However, whether or not this argument would hold up in a tribunal depends on various factors, including local regulations, bylaws, and how those regulations are applied.
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Marc3367 said:My wife and I have recently been issued with a PCN for parking in a disabled bay with a 3 hour limit and forgetting to set the clock with the blue badge.
We were in the bay for 2 hours so did not exceed the time limit although admittedly did not set the clock.We have appealed to Staffordshire council twice but they will not reconsider the issue of the PCN.
our only option now is to go to a tribunal.
I have read on another forum that although the clock should be set it is not a legal requirement and not enforceable.
Can anyone advise whether it is in our interest to go to tribunal?
I do not understand why the clock needs to be set in a timed disabled bay. A non disabled driver has no clock to set when they park in a normal timed parking space, it’s up to the warden to evidence the vehicle has exceeded the time restriction. Why does this not apply to a disabled bay also.
As a blue badge holder there are many reasons why discretion could and should be shown by the council in your situation.
Rushing/ struggling to get to appointments,side effects of medications, etc etc there are so many reasons the pcn would be cancelled if the council would play fairly.
I personally view it as an attack on the vulnerable members of society and I'm sure any tribunal would say it is unreasonable to refuse to cancel the pcn when the only issue is the clock was not set.
Hope this helps.0 -
honestjon said:Marc3367 said:My wife and I have recently been issued with a PCN for parking in a disabled bay with a 3 hour limit and forgetting to set the clock with the blue badge.
We were in the bay for 2 hours so did not exceed the time limit although admittedly did not set the clock.We have appealed to Staffordshire council twice but they will not reconsider the issue of the PCN.
our only option now is to go to a tribunal.
I have read on another forum that although the clock should be set it is not a legal requirement and not enforceable.
Can anyone advise whether it is in our interest to go to tribunal?
I do not understand why the clock needs to be set in a timed disabled bay. A non disabled driver has no clock to set when they park in a normal timed parking space, it’s up to the warden to evidence the vehicle has exceeded the time restriction. Why does this not apply to a disabled bay also.
As a blue badge holder there are many reasons why discretion could and should be shown by the council in your situation.
Rushing/ struggling to get to appointments,side effects of medications, etc etc there are so many reasons the pcn would be cancelled if the council would play fairly.
I personally view it as an attack on the vulnerable members of society and I'm sure any tribunal would say it is unreasonable to refuse to cancel the pcn when the only issue is the clock was not set.
Hope this helps.
What was the outcome of your PCN?I also believe this is discrimination against disabled people. They have already got issues to contend with but have an extra burden of setting a clock in a timed bay which can easily slip their mind whilst a non disabled motorist can park in a timed bay with no clock to set.
if we were using an exemption like double yellows then fair enough but it’s a disabled bay for disabled drivers so no Exemptions are being used.0 -
The pcn was eventually cancelled but like your situation the council tried to force payment.
In your case I would argue it's not reasonable to expect you to pay for a genuine mistake that you have admitted to.
Fines/penalties should be reserved only for those who are abusing the blue badge but it's a lot easier to target the vulnerable members of society to squeeze money from.1 -
honestjon said:The pcn was eventually cancelled but like your situation the council tried to force payment.
In your case I would argue it's not reasonable to expect you to pay for a genuine mistake that you have admitted to.
Fines/penalties should be reserved only for those who are abusing the blue badge but it's a lot easier to target the vulnerable members of society to squeeze money from.
I once parked on double yellows, had my clock and BB on display and within 10 mins had a ticket put on the windscreen as I watched from over the road.
Seemingly I had parked less than 10 metres from a junction - in fact I roughly measured it and it was 8.5 metres.
Bang to rights according to Google.
That was an expensive shopping trip after paying the £75 fine.
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Hi Everyone
I live on a red route in London & have been given several PCN the signage is so confusing. But I have great difficulty in walking, I cannot walk long distances, unaided or without someone's help & have parked in a disable bay.I have challenged them but been declined and wonder if it's worth appealing.
But I can be picked up & dropped off. But I need help to get into my home safely.0 -
Valler said:Hi Everyone
I live on a red route in London & have been given several PCN the signage is so confusing. But I have great difficulty in walking, I cannot walk long distances, unaided or without someone's help & have parked in a disable bay.I have challenged them but been declined and wonder if it's worth appealing.
But I can be picked up & dropped off. But I need help to get into my home safely.If not have you applied to your local Authority for one? If you don’t automatically qualify you need to make sure you send evidence to support your claim. https://www.gov.uk/apply-blue-badge0
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