Free Traffic Legal Advice

I have received two PCN's from Horsham District Council / West Sussex County Council, contravention; (Code 40) Parked in a designated disabled person's parking place without displaying a valid disabled person's badge in a prescribed manner.

So summarised, I am parked within my local parking zone (E) and I hold a valid annual permit. Having lived in the area for 4-5 years, I have never been aware of this space which is in a road I do not regularly park in, being a disabled space. So on Saturday night with no other available spaces, I saw this one and parked there. Two things, I did not check the sign, given I was within the zone which my permit permits, and I did not see the painted DISABLED writing on the road itself. The paint is worn and as you can see in photos, made particularly worse by the darkness and the glare of the street lighting in my view, to almost be impossible to see. Note the picture taken at night is not my vehicle, however mine is a similar size and colour. My vehicle remained parked until I realised I had the two PCN's on Tuesday morning, when I obviously immediately moved it.

Any advice? specifically around the worn paint which I did not see. For what it is worth, now conscious of the disabled bays, this worn paint is not uncommon amongst all the spaces I have seen locally. I was parked in my zone, therefore I gave no consideration to checking signs at that moment.

I fully intend on appealing on these grounds, is there any legislation that permits authorises having to clearly identify which space along with signage, is the disabled bay by way of it being marked with paint, for example?

I have approx. 9/10 days to appeal before the charge doubles.

Thanks,
Dave


https://drive.google.com/drive/folders/1UT7FR2HAHxh45_4XepAgFmvDo-u_IA1e?usp=drive_link

https://maps.app.goo.gl/eB9eCS3cAMM7yyGZA

Your permit entitles you to park in a residents/permit holders bays in your zone. But not every parking place in a zone will be residents/permit(E), there might be business, doctor, carer, P&D or whatever. Your obligation is to check. OK, when you're parking in your locale you might skip this(and risk being caught out when a bay is suspended) but when 'I have never been aware of this space which is in a road I do not regularly park in, being a disabled space.' then it's prudent to check. You knew it was a bay otherwise you wouldn't have parked and if this was the only one vacant then the only visible element would have been DISABLED.

There might be technical issues with the PCNs, so pl post in accordance with the forum rules. But IMO don't risk the discount because of your frustration at your own actions.

We need to see the back of one of the PCNs(if they're the same).

+1.

The road marking alone means 24/7 and an upright sign is not required but may be placed. Here both the marking and traffic sign are consistent with a 24/7 restriction.

Had the marking alone been in situ then the OP might have stood a chance, but IMO an adjudicator would probably think along these lines:

Why did you park and display your res permit? Because I thought I was in a res permit holder parking place.

So you knew you were in a parking place? Eh, yes.

Did you look for a traffic sign? No. 

HDC have recently moved address and have included this in a PCN rewrite, including the misspelling of 'challeng' and incorrect grammar 'to whom the NTO has been served'.

IMO, it omits mandatory regulatory information which is grounds for representations.

There is no 'you' in the procedure.

'If the PCN is not paid or challenged'...

I thought this misinformation had been dealt with years ago. If the PCN needs a heading then it  must be 'If the PCN is not paid or successfully challenged'.

This is the full regulatory requirement on this point:

3.—(1) A regulation 9 penalty charge notice must include the following information—

(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;

(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;

(c)that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.