Hi,
I have been issued a PCN under contravention code 62(2).
I am a blue badge holder and I parked my car legally within the understood requirements based on the councils signage and road traffic laws.
My car was parked with two wheels mounted the kerb, as the blue information signage across that side of the road implies this is the standardised expectation of the council.
I have drafted the below as a template for appealing the PCN. Your advice on its grounds and wording would be greatly appreciated.
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Ground for Challenge:
The contravention did not occur due to conflicting, ambiguous signage / Failure of the council's statutory duty of clarity.
Dear Parking Enforcement Team,
I am writing to formally challenge the issuance of the above PCN for an alleged Contravention Code 62(2) (footway parking) on Virginia Gardens Road.
At the time of the alleged offense, the vehicle was lawfully utilizing a statutory exemption by displaying a valid Disabled Blue Badge and parking clock on double yellow lines. The council's own photographic evidence uploaded to the portal explicitly confirms the presence and clear visibility of this Blue Badge on the dashboard. I request that this PCN be cancelled immediately due to a severe technical fault and irreconcilable ambiguity in the council’s localised traffic signs.
1. Material Facts of the Conflicting Signage
A review of the signage on this exact side of Virginia Gardens Road reveals that the council has erected highly contradictory informational signs, creating a legal ambiguity that invalidates enforcement:
• Sign A (Closest to my vehicle): Displays a "P" with a two-wheel mounted car illustration, the restrictive wording "In marked bays", and a directional arrow pointing away from the double yellow line section.
• Sign B (Further down the same side): Displays a "P" with a two-wheel mounted car illustration, but contains no restrictive wording regarding marked bays.
By omitting the "In marked bays" restriction on Sign B, the council has officially communicated to motorists that footway parking is permitted generally on this side of the street, without a universal requirement to be within a white lined bay.
2. Breach of the Duty of Clarity (TSRGD)
Under the Traffic Signs Regulations and General Directions (TSRGD) and established binding principles from the London Tribunals, a local authority cannot enforce a restriction where its own signs present a conflicting message.
Because Sign B permits general footway parking on this side of the road, and because there are no terminal signs or prohibitive markings at the top of the road where the double yellow lines sit, a Blue Badge holder is left with a highly ambiguous layout. The physical layout (double yellow lines bracketed by dropped kerbs) paired with a street-wide footway parking profile implies that mounting the kerb is the required method to avoid blocking the carriageway while utilizing the yellow line exemption.
3. Public Sector Equality Duty (Equality Act 2010)
As the CEO's (Civil Enforcement Officer) photographs confirm the presence of a valid Blue Badge, the London Borough of Redbridge is under a strict statutory obligation under Section 149 of the Equality Act 2010 to consider the needs of disabled motorists. Enforcing a highly technical and ambiguous "marked bay" restriction—where the council’s own adjacent signs fail to maintain consistency—constitutes a failure to provide accessible, transparent parking instructions for vulnerable road users.
Conclusion
The presence of Sign B proves that footway parking on this side of Virginia Gardens Road is not strictly confined to marked bays by default. The lack of specific exclusionary signage on the double yellow line section means the restriction cannot be legally sustained.
Please cancel this PCN. If you choose to reject this representation, please provide the specific text of the Traffic Management Order (TMO) defining the exact boundaries of the marked bay restriction, and confirm that you have fulfilled your PSED obligations regarding this decision. If necessary, I will comfortably escalate this matter to the independent London Tribunals.
Yours faithfully,
[Your Name]
[Your Address]
[Your Contact Number]
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