Author Topic: North Ayrshire - Code 87 - disabled bay PNC  (Read 44236 times)

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Re: North Ayrshire - Code 87 - disabled bay PNC
« Reply #15 on: »
There should be something about what would incur a penalty according to a stated traffic order.

Re: North Ayrshire - Code 87 - disabled bay PNC
« Reply #16 on: »
There should be something about what would incur a penalty according to a stated traffic order.

Ill take a drive by later, take a fresh pic of the sign and upload it.

Re: North Ayrshire - Code 87 - disabled bay PNC
« Reply #17 on: »
Check for other boards in the car park. Is it free?

And post all the council's pics.

Re: North Ayrshire - Code 87 - disabled bay PNC
« Reply #18 on: »
Check for other boards in the car park. Is it free?

And post all the council's pics.

Sure Ill post all the pics they took.

There is no pay parking in the town, this car park is free.

Re: North Ayrshire - Code 87 - disabled bay PNC
« Reply #19 on: »
Check for other boards in the car park. Is it free?

And post all the council's pics.

Find the pics I took below





Find the pics the council took below








They said I should inspect the signage upon or after parking. The signage is in my blind spot when I approach to park and sign is blocked by my car after I park. Not sure that they understood this or even cared. See the pic below that demonstrates how the car is positioned in relation to the signs when you enter, if you choose to reverse in, you will angle the car more to the right putting the signs further out of sight.



Re: North Ayrshire - Code 87 - disabled bay PNC
« Reply #20 on: »
IMO, the sign to which you refer is a 'traffic sign'. It is prescribed for use on roads ONLY. On its own it does not convey any legal meaning and is there for information only.

IMO, the authority does not have the right to demand a prescribed penalty in this car park unless, as a minimum:

The conditions of use of the car park are clearly displayed and these carry the warning that failure to comply with specified conditions of use carries with it a stated penalty charge; and

That the sign states that spaces are reserved for BB holders only and that these are marked with ********.


Re: North Ayrshire - Code 87 - disabled bay PNC
« Reply #21 on: »
Unsure what do to here, do I wait for the notice to owner document and lodge a formal representation before inevitably moving on to the parking adjudicator or just cut my losses and pay the fine?

Any help would be appreciated.

Re: North Ayrshire - Code 87 - disabled bay PNC
« Reply #22 on: »
I think there's enough to go on with this as they have misled on the law about signage and the only signs are low level and not mounted higher in bays with legends.

And surely disabled bays must be bigger with access areas either side?


Re: North Ayrshire - Code 87 - disabled bay PNC
« Reply #23 on: »
I think there's enough to go on with this as they have misled on the law about signage and the only signs are low level and not mounted higher in bays with legends.

And surely disabled bays must be bigger with access areas either side?


So if you look at the location on google maps from 2021, these spaces were not designed as disabled bays when the car park was built. The huge building next to the car park is the maritime museum which has reopened and I guess they have asked the council to make some disabled bays so they have simply just put up some signs.

https://maps.app.goo.gl/ohheZqFcoWAbiHWG7

Can I ask just for clarification how they misled on the law about signage? Is there any legislation or guidance I can refer to to help strengthen my argument?

I have a few days left before the discount period runs out so would like to get my ducks in a row if I am going to go forward with challenging this.

Appreciate the help!

Re: North Ayrshire - Code 87 - disabled bay PNC
« Reply #24 on: »
They refer to 'upright signage' and no legend required but this is on-street not off-street.

They've failed in duty to clearly alert you to in terms, and failed to mark out disabled bays that in any case would be useless to many disabled people as they do not conform to guidance.

Re: North Ayrshire - Code 87 - disabled bay PNC
« Reply #25 on: »
They refer to 'upright signage' and no legend required but this is on-street not off-street.

They've failed in duty to clearly alert you to in terms, and failed to mark out disabled bays that in any case would be useless to many disabled people as they do not conform to guidance.

Thanks, I feel like the main basis of my argument is going to be that the parking restriction was not clearly conveyed due to the position of the signage in relation to the car when approaching the bay, the fact the sign was too low and out of sight when I exited the drivers side, and that the restriction was not reinforced with bay markings.

Funnily enough, I think the traffic wardens pictures actually help my case.

I feel better prepared to take a punt at this otherwise other people will be stung, if only one of those spaces is free there is no way someone reversing would know it is a disabled space then come back to find a ticket on their windscreen.

What do you think?

Re: North Ayrshire - Code 87 - disabled bay PNC
« Reply #26 on: »
Thanks, I feel like the main basis of my argument is going to be that the parking restriction was not clearly conveyed due to the position of the signage in relation to the car when approaching the bay, the fact the sign was too low and out of sight when I exited the drivers side, and that the restriction was not reinforced with bay markings.

IMO, no.

The signs are meaningless as regards being penalised because nowhere in the car park does it state that if a motorist does not comply with signs indicating bays reserved to BB holders then they could be penalised. A penalty is a powerful weapon reserved to the state and the state must meet certain tests before penalising people.

You refer to bay markings, but there aren't any for car parks.
You refer to regulations regarding the size and marking of disabled bays. But there aren't any.

Re: North Ayrshire - Code 87 - disabled bay PNC
« Reply #27 on: »
Thanks, I feel like the main basis of my argument is going to be that the parking restriction was not clearly conveyed due to the position of the signage in relation to the car when approaching the bay, the fact the sign was too low and out of sight when I exited the drivers side, and that the restriction was not reinforced with bay markings.

IMO, no.

The signs are meaningless as regards being penalised because nowhere in the car park does it state that if a motorist does not comply with signs indicating bays reserved to BB holders then they could be penalised. A penalty is a powerful weapon reserved to the state and the state must meet certain tests before penalising people.

You refer to bay markings, but there aren't any for car parks.
You refer to regulations regarding the size and marking of disabled bays. But there aren't any.

I am confused because someone said this earlier.

So essentially, your appeal argument is inadequate signage, and if the bay had been marked on the tarmac as well as having the sign, plus the signs being mounted higher up, you'd not have parked there. So submit an informal challenge on those lines and post up their response when you get it.

Not sure the sign upon entering the car park failing to mention fines is as relevant as inadequate signage. However it may not properly communicate any additional restrictions. Perhaps I could use the following at the end of a formal appeal?

"The entrance signage instructs motorists to park only within marked bays. The bay in question was marked in a manner consistent with standard parking bays and contained no surface markings or legend to indicate that it was reserved for disabled use. I complied with the clearly visible instructions provided."

Re: North Ayrshire - Code 87 - disabled bay PNC
« Reply #28 on: »
Far as I know there are no regulations about signs in off-street car parks (presumably also in Scotland) but an adjudicator would look at what they've done is adequate (it's not).

And I think there are also no regulations about disabled bays off-street, but other laws such as the Equality Act could be in play (no idea about Scotland).

The terms set out on the board are the critical first line factor to address.