Free Traffic Legal Advice

OP, send the reps as suggested.

For others, IMO there remains a fundamental misunderstanding on this point and I am surprised that the quoted decisions do not make what I believe is the key link and point arising.

IMO, there is nothing in law which prevents a traffic authority from imposing a requirement to display a clock in a time-limited disabled bay, in fact the RTRA provides this power*. Where authorities go wrong is that in the wording of their orders they don't impose such a restriction explicitly but instead rely upon the wording and meaning(in their minds) of '.....BB displayed in the relevant position..Disabled Persons badges regs..'. But, as adjudicators have made clear, there is no such requirement in these words(regs)to display a 'clock' and therefore absent any other specific reference in an order a clock is not required.

The BB booklet gives advice that it would be prudent for BB holders to display a clock because when parking the driver does not know how the relevant traffic order is worded. The probability is that it simply refers to the regs and therefore doesn't carry any requirement, but surely(??) authorities will catch on. In fact, given the adjudication decisions on this point IMO it is gross negligence for authorities to continue to issue PCNs on this basis when they should know that their orders do not support any claim to a penalty.

*- if this wasn't the case then the BB booklet is wrong.

The OP mentioned the supporting case decisions in the draft. Since they are referenced they should be included in the text or attached. Or don't mention them at all.
 
If the council includes a clock requirement in the TRO then surely they have to also put up a sign to that effect?

I already submitted before the suggestions today so I didn't tell them to 'see attached' in the letter but I did upload them. Will see what they say and keep you updated.

Thanks all.

Good morning I am very interested to see the results of your representation please

This is a disgraceful letter.

As we're looking at a number of blue badge cases in disabled bays how about this decision yesterday that Mr Mustard represented and only won on a different issue.

I think the adjudicator misdirected himself on the regulations he cites - do they apply to waiting restrictions not parking bays? But I haven't looked in detail.

The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000
https://www.legislation.gov.uk/uksi/2000/683/made#:~:text=Regulation%208%20relates%20to%20exemptions,Road%20Traffic%20Regulation%20Act%201984.

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Case reference 2250101088
Appellant Abigail Seltzer
Authority London Borough of Barnet
VRM EU69HFB

PCN Details
PCN AG47057893
Contravention date 20 Nov 2024
Contravention time 20:47:00
Contravention location The Riding
Penalty amount GBP 130.00
Contravention Parked in disabled bay without displaying badge

Referral date -

Decision Date 07 May 2025
Adjudicator Andrew Harman
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons The appellant's authorised representative, Mr Dishman, attended the video hearing of this appeal today. The council did not attend the hearing, it not being expected to do so.
I reserved my decision.
The contravention alleged in these proceedings is that this vehicle was parked in a designated disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner.
The vehicle was parked on a 3 hour maximum stay bay.
There is no dispute that there was a disabled badge displayed in the vehicle unaccompanied by a disc that, on the authority's case, being a requirement.
Mr Dishman submitted that there was no such requirement under the Traffic Management Order, (TMO).
I refer to Regulation 8 of The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000.
Reg 8 (4) provides:
Where the period of the prohibition exceeds 3 hours the exemption shall be for a period of 3 hours subject to the conditions that–
(a) the period of exempted waiting does not begin less than one hour after a previous period of exempted waiting by the same vehicle in the same road on the same day;
(b) a parking disc is displayed in the relevant position on the vehicle marked to show the quarter hour period during which the period of exempted waiting began.
This prohibition applies 24/7 it thus exceeding 3 hours.
Although the TMO does not require the display of a disc, it is created under section 6 of the Road Traffic Regulations Act 1984, so the 2000 Regulations, and thus Regulation 8 thereof, apply.
Notwithstanding that on the appellant's case the vehicle was not parked for more than three hours I am therefore satisfied that for the Regulation 8 exemption to apply, a parking disc must be displayed. Given it was not the exemption is not applicable.
I therefore reject Mr Dishman's submissions around this issue.

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I am however persuaded by the submission he makes as to the failure of the council to provide to me a copy of the PCN said to have been issued in these proceedings, as it is required to do under the Regulations, only the first page thereof being produced.
I am satisfied that that breach of the regulations amounts to a procedural impropriety, and I must accordingly allow the appeal.