Author Topic: Dalkeith PCN - Code 30 parked longer than permitted, High Street / Midlothian Council  (Read 429 times)

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My car was parked in a disabled bay with my Blue badge clearly displayed.

I had checked with 3 local parking wardens what the restrictions were in the area, and was advised that there was an unlimited duration in a disabled parking bay.

Whilst my car was parked in the disabled bay, the white lines were renewed in exactly the same location.

In addition, the existing sign was moved vertically and a new sign was installed behind the existing sign. My car was in situ for two days due to a chronic illness. My Son lives opposite to where I had parked.

I found two tickets stating that I had exceeded the time limit, although I had been assured that there was no time limit. I had previously parked in the same bay without issue.

This location and two other Disabled bays nearby have also been changed, yet the busier part of town with shops, banks and a supermarket remain unchanged. (At the time of writing)

Can someone please help and advise if this is lawful.

PCN Photos
Front: https://ibb.co/nLcNZ3F
Back: https://ibb.co/BPxZhnj
Parking Signs: https://ibb.co/RbT9LV5
Google Maps: https://maps.app.goo.gl/mo4L4gQJfDxzqJAt9
« Last Edit: September 10, 2024, 06:40:26 pm by Tartanannie »

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I can't work out what you mean about the signs as there is no sign for the disabled bay in the Maps view.

Here is a selection of the CEO's pics from the two PCNs. Seems there is a rogue yellow line.

But if they put the sign up when you were parked there they should cancel these.
When did you leave the car there? 





« Last Edit: September 10, 2024, 06:37:08 pm by stamfordman »

I can't work out what you mean about the signs as there is no sign for the disabled bay in the Maps view.

Here is a selection of the CEO's pics from the two PCNs. Seems there is a rogue yellow line.

But if they put the sign up when you were parked there they should cancel these.
When did you leave the car there? 
Thanks for your reply.

I parked there the evening of the 4th of September and discovered the PCNs on the 6th.

With the help of my Son, I have edited my initial post to include a link to a photo of a disabled bay just past the one I parked in outside the nearby Church, which has also been changed.

The signage is exactly the same, except the original sign which is at the bottom of the picture now faces the opposite direction to the new sign, which faces towards the church (i.e back to back).

I can't find any notices about the new signs but as you parked the day before and it seems they went up the day after, you are on strong ground to get these cancelled owing to being unable to attend the car due to illness.

A simple polite challenge to both will probably do, but:

- can you find out when the sign(s) went up?
- someone else on this forum may be able to check this.

Don't park in the bays during the restricted time for more than 1 hour now.

Note to forumites: I assume all PCNs in Scotland are now £100 or £50 at discount - no lower level? Seems a bit harsh for a code 30 and double that in England.
« Last Edit: September 10, 2024, 08:39:41 pm by stamfordman »

Scottish parking PCNs are still under the old 1991 legislation.

I can't find any notices about the new signs but as you parked the day before and it seems they went up the day after, you are on strong ground to get these cancelled owing to being unable to attend the car due to illness.

A simple polite challenge to both will probably do, but:

- can you find out when the sign(s) went up?
- someone else on this forum may be able to check this.

Don't park in the bays during the restricted time for more than 1 hour now.
Thanks for your help. We believe that the new paint and signage was done on the morning after i.e. 5th September. As I had parked later in the evening on the 4th. I recall looking over and noticing that the lines had been repainted at the same location around my car.

However, I was too ill to drive and my Son currently doesn't drive, so I was unable to move it. There were definitely no warning signs or notices advising these changes. I live nearby under the same Council and recall notices being posted in the past alerting residents of upcoming changes.

As someone with very limited mobility, often it is difficult enough to get a parking space and almost impossible to find a disabled parking space that is not occupied by a non-Blue badge holder.

I would send this for both PCNs. Wait for others to check. Even if the sign was there when you parked they should use discretion owing to illness - you could add details on this if you want. 

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I am challenging the PCN on the grounds that when I parked in the disabled bay on 4 September, displaying my blue badge, there was no signage limiting time in the bay and I believe you installed it on 5 September.

I had checked with your CEOs and was told there was an unlimited duration in disabled parking bays and parked in good faith on 4 September.

I have a chronic illness and was unable to attend the car until later on 6 September but believed my car was legally parked.
 
I trust these circumstances are sufficient for you to exercise discretion in cancelling both PCNs for 5 and 6 September and look forward to your confirmation.