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Hi Wizards,

I hope you all are well.

Contravention: Parked in a permit space or zone without a valid virtual permit or clearly displaying a valid physical permit where required (dedicated disabled bay)

We went for my wife's hospital appointment and parked on the road near the hospital (evidence of appointment available).

We parked in the disabled bay, we have a disabled badge which is awarded to my wife.

The disabled bay sign read "Disabled permit holder 126 only at all time", luckily when I came back from appointment the warden was still there and I asked him the reason and he said it's a disabled resident bay that's why we gave you ticket. In most areas in London all resident bays read "Disabled resident permit holders only". I never saw a resident disabled bay without the word resident instead code 126 only. If the sign without the word resident could still mean it's resident only bay then it's quiet misleading.

Ticket:
Front: https://drive.google.com/file/d/1M3nDU5Fi1rp1Hb6K7w2L2qW3ShzVrC0w/view?usp=drive_link
Back: https://drive.google.com/file/d/1If3_3EPsUZX6ne6JJV9h5DtGrHDqAJfj/view?usp=drive_link
Disabled sign at the spot: https://drive.google.com/file/d/12lh0fA74FLW52qbiglKBDXpdbC3je01K/view?usp=drive_link

GSV:
https://tinyurl.com/2kb9t4k8

Barnet council URL to view ticket:
https://barnetocm.itsvc.co.uk/
PCN: AG49389158
VRM: LK11KNP
*Images load slowly

Can something be done to avoid this ticket?

Thanks in advance.

Just to add to this.

The absence of the wheelchair symbol seems to be common in dedicated disabled bay signs.

The contravention is for parking in a permit bay (code 16) with suffix for a dedicated disabled bay.

In my view it is not good enough for the road legend to just say disabled - it should spell out this is a permit bay only available to one person.

This could be a relevant case but it was Camden.

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Case reference 2240581872
Appellant Ahmad Saqib
Authority London Borough of Camden
VRM GX21PZH

PCN Details
PCN CU68286053
Contravention date 13 Sep 2024
Contravention time 12:33:00
Contravention location Laxton Place
Penalty amount GBP 130.00
Contravention Parked in permit space without a valid permit

Referral date -

Decision Date 05 Mar 2025
Adjudicator Sean Stanton-Dunne
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons Mr Saqib attended the hearing on 11 February 2025 by telephone. Mrs Fee Cummins attended on behalf of the Council, also by telephone.



I said to Mr Saqib and Mrs Cummins at the conclusion of the hearing that I was refusing the appeal on the basis that I was satisfied that the signage in place for this designated disabled parking place was adequate. The sign and road marking state "Disabled Badge Holder only 190". Whilst I accepted that Mr Saqib read the sign as being parking for disabled badge holders, the sign says badge holder in the single and has a designated number. I was satisfied that this conveyed that parking was for a specific badge holder only. Mrs Cummins made the point that this is a blue badge bay for parking by a vehicle with an allocated number.


Having refused the appeal, the discussion about badge holders caused me to revisit the PCN and it appeared to me that the PCN was issued for the incorrect contravention. It was issued for the alleged contravention of being parked in a permit space or zone without a valid virtual permit or clearly displaying a valid physical permit. As far as I was aware, a blue badge is not a permit and this was not a permit space. It is a space for a blue badge holder with an allocated number, as Mrs Cummins herself said. It seemed to me that this was a code 40 contravention of parking in a disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner.

I therefore stood the appeal down to give the Council the opportunity to make further submissions before reaching a final decision.
The Council maintains that the PCN was correctly issued under contravention
16, as the vehicle was parked without a valid permit for the dedicated disabled bay it was parked within. Mrs Cummins says that dedicated disabled bay users are issued with a specific permit which is required to be displayed within the vehicle and a copy of this is provided together with the correspondence issued.
It is, however, clear from the correspondence submitted that the allocated disabled bay user is issued with a dedicated disabled badge and not with a permit. The correspondence expressly refers to the badge without a single reference to a permit. I am satisfied that this was a code 40 contravention of being parked without displaying a valid disabled person's badge, in this case the dedicated badge. The appeal is, therefore, allowed.

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Another case.

Case reference   225020229A
Appellant   Said Shehadeh
Authority   London Borough of Hounslow
VRM   LM71PKN
   
PCN Details
PCN   NJ41493116
Contravention date   03 Jan 2025
Contravention time   16:23:00
Contravention location   Clifden Road
Penalty amount   GBP 130.00
Contravention   Parked in permit space without a valid permit
   
Referral date   -
   
Decision Date   09 Jul 2025
Adjudicator   Anju Kaler
Appeal decision   Appeal refused with recommendation
Direction   Full penalty charge notice amount stated to be paid within 28 days.
Reasons   This appeal was conducted by videolink. The Appellant and Mr Bizarri joined the Hearing. There was no representation by the Enforcement authority.
The agreed facts are that the vehicle was at the stated location and a Penalty Charge Notice was issued. The vehicle was parked as shown in the Civil Enforcement Officer’s photographs. The Appellant has a disabled badge that was displayed but he was parked in a bay that was designated for permit holder D1O1 only.
The Appellant was visiting his son in law, Mr Bizarri, and he was not familiar with the street. He did not realise that disabled bays could be designated for individuals when he parked.
The first point raised by the appellant is that the Authority has issued a Penalty Charge Notice using the wrong Penalty Charge Notice code; parking in a permit space or zone without a valid permit (Code 16). Code 40 should be used. This says “parking in a designated disabled persons parking place without displaying a valid disabled person’s badge in the prescribed manner.”
The Authority says, “I note your comments regarding displaying a disabled badge however, the bay you had parked in was reserved for a disabled badge holder with a permit for that place and therefore, the PCN has been issued correctly.”
I find that either code could have been used in the circumstances of this case. The bay is question was a bay reserved for a permit holder (a designated disabled badge is a permit) and so Code 16 also encompasses the contravention.
The Authority is entitled to have disabled bays specifically dedicated for a particular user.
I do however find the circumstances of this case compelling. The Appellant is clearly disabled and has mobility problems requiring him to park close to where he needs to go. He has a disabled badge that was properly displayed. He had never before come across the concept of dedicated bays and so this was a simple and honest mistake. He has now learnt a lesson the hard way.
In the circumstances, I ask the Authority to exercise their discretionary powers and not enforce payment.
Recommendation   cancel the Notice to Owner.

In the first challenge just a simple ask for discretion but pointing out shortcomings of markings/sign is best.

Post a draft and I'll tweak it.

I've gone ahead and appealed with the draft I posted, fingers crossed they accept it.

Thanks for the help will let you know with the outcome.

@stamfordman thanks for your contribution.

Barnet council requested the front and back of the blue badge.

Today I received letter they have cancelled the PCN on desecration basis not on the other basis of other pointsin our original appeal.

Thanks.