Here are searchable versions of The Newham (Canning Town) (Disabled Resident Parking Places) (No. 1) Order 2017 and The Newham (Canning Town) (Disabled Resident Parking Places) (No. 1, 2017) (Amendment No. 1) Order 2018.
@taffer87 let us know when you get the notice to owner and I'll help with the formal representations.
Thank you, will post NTO when I receive it in my name - could be a while as will go to lease company first in their name
Here is the council response to informal challenge. Informal challenge I submitted also included for completeness.
Informal challenge:
"1. The council enforcement officer did not follow the required observation period to see if an exempt activity was taking place and hence for the breach of council policy the PCN. Council observation policy mandates a minimum of 5 minute observation period but the enforcement officer issued the PCN instantly
The policy can be found here:
https://www.newham.gov.uk/downloads/file/3926/newhamparkingpolicyproceduresThis shows on page 51/81 of the pdf page numbers (or page 48 of the bottom right page numbers) that a mandatory observation period of 5 minutes is required before an enforcement officer can issue a PCN under Newham Policy for Code 16 Parking in a permit space without displaying a valid permit.
If the council disagrees with this please provide the full observation policy which allows an enforcement officer to issue a PCN for code 16 without any observation period at all as the PCN was incorrectly issued instantly, so an informed decision regarding next steps can be taken
2. This is only an advisory bay so no PCN can be issued in any case, please provide the full Traffic Management Order that allows the council to issue a PCN against this particular contravention on this bay including the full list of exempt activities
3. The location stated in the PCN "OS 14" is incorrect and not clear
4. The sign governing the bay is not contained within The Traffic Signs Regulations and General Directions 2016 nor have the Council obtained DfT permission to use it. There is no provision within the legislation to use the term "Residents" nor a permit identifier for anything other than a dedicated bay reserved for an individual disabled person. Therefore the traffic sign is a nullity and cannot be enforced, making the PCN invalid.
If the council disagrees please provide the full dispensation/approval from DFT so an informed decision regarding next steps can be taken.
5.The Council's intention of reserving disabled bays for residents only is discriminatory (against non-resident disabled people) and I would refer you to both the Equality Act 2010 and moreso to The Equality Act 2010 (Amendment) Regulations 2023.
Therefore the traffic management rationale giving rise to the TMO is fatally flawed to the extent that the Council actions are ultra vires. In such circumstances enforcement of this bay cannot proceed.
6. The bay markings are extremely faded making it hard for drivers to be aware there are different policies / restrictions for different parts of the bay.
7. Chapter 3 of the Traffic Signs Manual specifies at 13.6.8. that:
“Where two bay markings, associated with different conditions, are sited next to each other there should normally be a gap of about 100 mm between them. If adjacent bays would normally have different widths, the greatest width should be adopted for all to avoid a potentially confusing stepped edge.”
However there is no gap in the bay markings at all. There should be double edge markings to differentiate the “resident disabled permit holder only” bay from the others. What the council purport to have done is created a single bay with different conditions, which is not a permitted layout. If the bay had been laid out correctly drivers would be on notice that they were parking in a different bay potentially subject to different conditions. Thus the council cannot issue a PCN at this location.
If the council believes they are complying with 13.6.8 or have dispensation or rationale for not complying then please provide this in writing so that an informed decision can be taken regarding the next steps.
8. Council should use its discretion to cancel the PCN this being the first offence for this driver."
