The CEO is wrong, the contravention did not occur.
All local orders include a provision which allows a vehicle displaying a BB in the 'relevant position' to park on simple DYL for up to 3 hours. Here are the regs:
https://www.legislation.gov.uk/uksi/2000/683/note/madeLots of double negatives, in that an exemption from a prohibition is to allow, but that's legalese for you!
Rule 238 v rule 243 of the Highway Code.
238 is a MUST NOT, 243 is a DO NOT.
MUST NOT is prohibitive, DO NOT is advisory - see the Code's section on Wording of the Code.
But be prepared for rejections because they're the creatures that they are.
I was displaying a Blue Badge in the relevant position while parked on a length of double yellow lines in *****. When your CEO issued the PCN they referred to being within 10m of a junction. This is worrying because as a matter of law they were incorrect i.e. Rule 243 of the Highway Code states 'DO NOT stop...opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space.'
As the section of the Code which refers to wording makes absolutely clear, references within the Code described as DO NOT are purely advisory, the actual wording being:
Wording of The Highway Code
Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. See an explanation of the abbreviations.
Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.It therefore follows that the contravention did not occur and the PCN must be cancelled.
