Good morning
The council have stated that I parked within 10 meters of a junction hence why they issued the ticket, the issue is they have .
1. Not issued a ticket for this offence, but for parking on a double yellow lines
2. Have not informed me the name of the junction I allegedly parked within 10 meters of.
3. If this is the case though they are setting a dangerous precedent for this as most of Tenterden high street has a junction of some form within 10 meters. It appears they will penalise all blue badge holders doing so.
So this appears to be making a target of any blue badge holders parking on double yellow lines anywhere within the areas covered by Ashford borough council.
Church lane is opposite where I was if you measure at an angle but I would say it was more than 10 meters away, but as stated they have not informed what junction they are claiming I parked near.
Also please read the following
A Blue Badge was in the relevant position while parked on a length of double yellow lines in Tenterden. , 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.
They should not make veiled threats towards me whilst stating it’s a goodwill cancellation, but it will not happen again. Again is there any advice as to how to deal with this to stop this harassment of Blue badge holders ?.
Kind regards
