3. 2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)
« previous next »
Pages: [1] 2

Author Topic: 2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)  (Read 613 times)

0 Members and 1281 Guests are viewing this topic.

2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)
« on: »
Hi,

I’ve received two PCNs from Ealing Council for parking in the in a disabled space. There were no restrictions when I parked my vehicle there. I left the vehicle there for a week as my wife was heavily pregnant and we were not travelling and therefore not using the car. When I returned to the vehicle a disabled bay had been painted around it and there were two penalty charge notices affixed to the windscreen.

I only recently discovered this site and shouldve got advice before but I’ve appealed to Ealing Council and they have not accepted my informal and formal representations. The next step is to go to tribunal or pay, I feel very hard done by and I wondered if I should go ahead with the tribunal case or pay the reduced fee. Many thanks

https://imgur.com/a/DvRfoRv

https://maps.app.goo.gl/yU4ysfj3N69xZroP6?g_st=ac
Logged

Share on Bluesky Share on Facebook

Re: 2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)
« Reply #1 on: »
The second PCN is probably a continuous contravention so that can be beaten.

The rejection to formal reps doesn't say anything about your reps - what did you say?

The bay certainly looks fresh.

Were you at home during the week? What dates exactly when you parked there and returned to car?

This looks like the order notification - not sure the bays are live yet:
https://www.thegazette.co.uk/notice/4796063

The discount(s) are on the table for both presumably but I think we'll be advising you go to the tribunal.





« Last Edit: January 30, 2025, 04:33:24 pm by stamfordman »
Logged
Re: 2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)
« Reply #2 on: »
As your whole argument rests upon your claim that there were no markings and sign in place when you parked and by extension these were installed between you parking and the first PCN have you asked the council (highways department) when this marking and sign were actually installed or last maintained?

I suggest you find out.

https://www.ealing.gov.uk/info/201069/freedom_of_information/1547/environmental_information_regulations#:~:text=The%20Environmental%20Information%20Regulations%202004,water%2C%20air%2C%20flora%20or%20fauna

Logged
Re: 2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)
« Reply #3 on: »
@stamfordman - I just said in my representation that my car was parked there before the bay was painted, that my wife was heavily pregnant at the time and gave an example where this had taken place in Merton and it was rescinded by the council.

I was home but didn’t use the car in the time it was parked there. I didn’t see it until I went to drive the car.

Thank you for the order notification, do you know how I would find out if the bay in question was live at the time the PCN was given or does it become so once the necessary signage is complete.

I parked there around the 24th Oct and returned on the 5th or 6th. Apologies it’s been a while and I didn’t take note of the dates and I was occupied with the birth of the baby.

Discount is in play (4 days remaining) for the PCN on 3rd November but no response to my reps for the PCN issued on 2nd November. - is it worth chasing up on this?



@H C Andersen - According to their response the markings and signage was installed on 28th Oct which tracks with what happened. I can find out and confirm though through this FOI. Is there anything else I should ask?
Logged
Re: 2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)
« Reply #4 on: »
I don't know if one of these is the new bay:

Whitton Avenue West, Greenford opp No. 475; Whitton Avenue West, Northolt opp No. 703

The order notice is dated 22 January 2025 and says the bays are 'proposed' but your PCNs are early November so the may be another order for different bays but I can't see anything from last year. 

The PCN on 3 November is a continuous contravention and the tribunal should allow an appeal on that one.
Logged
Re: 2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)
« Reply #5 on: »
amoi what are the other notices on the windscreen?
Logged
Quote from: andy_foster
Mick, you are a very, very bad man
Re: 2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)
« Reply #6 on: »
Installed v refreshed?

Do you know the location and are you certain that there wasn't an existing bay with faded markings? Are you certain that there wasn't a traffic sign? Is the location opposite no. 703 as referred to in the notice of the order?

If you know the area, what it the purpose of the road markings ahead of your car e.g. do they mark a parking place and if so does this have a traffic sign?

I ask because the notice says '(without amending other orders)' which cannot be the case if where you were was a pre-existing parking place which had been redesignated.

Which raises another fundamental question for me: what notice, if any, was displayed at the location warning that parking was suspended for the purposes of installing a disabled bay. IMO, if there wasn't any notice and the council acted as you suggest i.e. they painted round your car and installed a sign on an otherwise unmarked length of highway then I think they'd be on the receiving end of the adjudicator's wrath.

That's a lot of info to discover/confirm before the reduced sum offer expires(4 Feb.).
« Last Edit: January 31, 2025, 03:16:26 pm by H C Andersen »
Logged
Re: 2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)
« Reply #7 on: »
@stamfordman - I just went there and confirmed it is Whitton Avenue West, Greenford opp No. 475.

@mickR - it was a letter advertising a company offering to purchase my car.

@H C Andersen- 100% with no doubt it was newly installed. I know the area and can confirm there was no bay there before I parked. The location is opposite 475. The purpose of the markings is to highlight where you can park and there are no restrictions whatsoever on this stretch of road.

There was no parking suspension when I parked there and I'm not sure if there was one in the time I had not been to the car. Difficult to say as I didn't get a PCN for parking in a suspended location.

Is it worth knocking on 475 and asking them to confirm that my car was parked there and they painted around it?

If it does go to Tribunal is the onus on me to prove my vehicle was parked there or on the council that the bay was empty?
Logged
Re: 2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)
« Reply #8 on: »
 "designate disabled parking bays (without amending other orders)" I assume means creating a bay where there is no other order restricting parking - the bays there are unrestricted as far as I can see.

If they've only just made the order for this disabled bay I can't see it can be enforced for your PCNs. 
Logged
Re: 2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)
« Reply #9 on: »
Quote from: Ac221 on January 31, 2025, 03:02:02 pm
Is it worth knocking on 475 and asking them to confirm that my car was parked there and they painted around it?
if the disabled bay is for that property you may find they won't be helpful
Logged
Quote from: andy_foster
Mick, you are a very, very bad man
Re: 2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)
« Reply #10 on: »
@stamfordman thanks, is the disabled bay is active once the signage is installed or once the order has been made?

@mickR makes sense.  I'm not sure if it would help or not.

Is there any guidance on the Tribunals procedure and any do's and don'ts.

Appreciate the help so far.
Logged
Re: 2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)
« Reply #11 on: »
It seems that the order may not have been live.

The resident(s) at the address may have something the council told them that can help.

As I've said, the second PCN is a continuous contravention.
Logged
Re: Ealing PCN - 40 Parked in a disabled person parking space -No Sign or marking on road
« Reply #12 on: »
Hi

I got this attached PCN # AO03811230 ON 04-02-2025 at 16.35 for parking on disabled parking space on Greenford road adjacent to Ferrero factory beside the traffic signal, however I remember there was no mention of sign board or even any road marking showing disabled etc.

What options do i have to challenge this and how to proceed plz.

Regards

MAIRAJ

[ Guests cannot view attachments ]
Logged
M3iJi
Re: Ealing PCN - 40 Parked in a disabled person parking space -No Sign or marking on road
« Reply #13 on: »
Quote from: mairajbhaii on February 05, 2025, 03:11:11 am

I got this attached PCN . . .
What options do i have to challenge this and how to proceed plz.
Regards

MAIRAJ

@mairajbhaii

You need to start your own thread (one case to one thread, or we get muddled!).

Please to have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post there a brief summary of the alleged incident,
both sides of the unredacted PCN,
a GSV link to the location
and
any council video/photos.

By all means include a reference to this thread.
Logged
Re: 2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)
« Reply #14 on: »
You can see the bay is new. The lines are much sharper than on the adjoining bay.
You can see the chalk marks which laid out the bay before it was painted.

Happy to be the representative if you email mrmustard@zoho.com with an unredacted copy of the Notice of Rejection.
Ealing's tribunal representatives are well acquainted with me.
Logged
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
Pages: [1] 2
« previous next »
  3. 2 x Ealing PCN - 40 Parked in a disabled person parking space (Bay painted around vehicle)