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Last Thursday I parked in a disabled bay with time restriction of 3 hours, which I didn’t notice. I displayed the Blue Badge, but not the clock, hence got the PCN.
Dr Google came to my help and provided with this link. So it was a matter of time for me to write the letter and off it went. Yesterday I received an email the PCN has been cancelled. Below is the draft for someone, who may need it in the future:
Dear Sir or Madam,
I am writing to formally challenge the above Penalty Charge Notice issued to my vehicle, which was parked in a designated disabled bay. The Blue Badge was clearly and correctly displayed; however, the accompanying time clock was not placed on the dashboard.
1. Display of Blue Badge
The Blue Badge was fully visible and valid at the time of parking, confirming that the vehicle was lawfully entitled to use the disabled bay. The clock disc is ONLY RECOMMENDED when parking in bays subject to a maximum stay, such as the three-hour limit noted on the sign. However, it is important to clarify that the obligation to display the time clock is not a statutory requirement under the primary legislation governing the Blue Badge Scheme — The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 (as amended).
The regulations require that the badge itself be displayed clearly to indicate entitlement. The Blue Badge Scheme: Rights and Responsibilities in England (Department for Transport guidance) mentions the use of a clock as a practical aid to demonstrate arrival time, but this is guidance only and not a mandatory legal condition of use. The omission of the clock therefore does not in itself constitute a breach of the Traffic Regulation Order (TRO), unless that specific requirement is lawfully incorporated into the Order and clearly communicated via authorised signage (see paragraph 2 below).
2. Signage Requirements and Legal Compliance
The disabled bay in question carries a sign limiting parking to three hours. If the Council intends to impose such a time restriction, the signage must comply with the Traffic Signs Regulations and General Directions 2016 (TSRGD). Any deviation from the prescribed sign design (Diagram 661A or its permitted variants) requires specific authorisation from the Secretary of State for Transport under Section 64 of the Road Traffic Regulation Act 1984.
Should the Council wish to amend or replace the signage to include a time restriction or clock requirement, it must:
Submit a Traffic Regulation Order (TRO) specifying the new conditions and undertake a public consultation under the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996.
Apply for authorisation from the Department for Transport if the proposed sign does not conform exactly to the TSRGD diagrams.
Install the authorised sign and update the corresponding enforcement documentation before any new restriction can be legally enforced.
Without such a process, the existing sign cannot create a binding legal duty to display a clock disc.3. Relevant Case References
This position is supported by precedent, including the following cases:
William Watson v St Helens Metropolitan Borough Council (SZ00006-2002, 11 March 2020)
· Michelle Dhillon v Leicester City Council (LE00087-1812, 30 January 2019)These cases demonstrate that tribunals and relevant authorities have recognised that failure to display the clock disc, whilst the Blue Badge is properly shown, does not necessarily constitute a breach warranting penalty.
I therefore request that Gloucestershire County Council cancel the PCN, in line with both statutory interpretation and the precedents outlined above.
Sent from a mobile device.
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