I refer the adjudicator to section 107 of the authority's Traffic Order, the effect of which is to draw attention to the regulatory burden placed upon the traffic authority by the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, as follows:
Set out 107 (a) and (b).
As I understand the authority's position, they assert that I contravened the Order provision in Section 6 regarding a requirement to display 'a parking disc on the vehicle in the relevant position'. I assert that the traffic sign displayed - see *** in the authority's evidence- conveys no such requirement, thus placing the council in contravention of its own Order. In this regard, I refer the adjudicator to the Sign Tables at Parts 4 and 5 of Schedule 4 to the Traffic Signs etc. Regs which, I submit, place no such requirement upon Disabled Badge holders to display a 'parking disc' when parked in a parking place.
In short:
I accept that parking in the bay was time-limited;
I was not parked beyond the time allowed - indeed, this has not been alleged by the authority;
The authority may enforce the provision in their Order but not by ascribing an unregulated meaning to a prescribed traffic sign, but by actual observation - which did not occur in this case.
