Mr Mustard challenged it on two grounds. The first one was that the wrong contravention had been alleged. He sent the council tribunal decision 2170012879 in support.
The council agreed and cancelled the PCN.
The second ground was based on logic. Blue badge holders can park for up to 3 hours if they display a valid badge and a correctly set clock. Mr Mustard offered up the following second ground:
In his haste Mr Mustard wrote 'badge or no badge' instead of 'clock or no clock'. Mr Mustard thinks that an adjudicator would look kindly on such an argument but hasn't tried it out yet. You are welcome to use it if the situation applies to a PCN that you have.
What would be fair to blue badge holders is to not issue PCNs where it is self evidence that the 3 hours time limit cannot have been exceeded but that would be the council losing revenue and they won't like that.
The end
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