Free Traffic Legal Advice

Hi

This is the first time posting on the group, please let me know if you need further information.

Received a Notice to Owner letter a few days ago (no ticket on windscreen) A Blue Badge and Clock were displayed.
As posted on the Free Traffic Legal Advice - Penalty Charge Notice advice group on Facebook group I was advised to come on here for further support and opinions.

Misread the sign and parked on a resident disabled space. Is there a possible argument against this PCN because the sign displays the disabled symbol, which is misleading to BB holders.

If it's not possible to contest can we get the PCN reverted back to the original fine?

Thank you for your time.



[ Guests cannot view attachments ]

I'm not so pessimistic, we see plenty of cancellations for blue badge holders.

@TB have you had a PCN cancelled by Newham before? And how long have you had a blue badge?

Also, please give us a link to the exact spot on google street view, we might as well check the traffic order.

Sorry if this is an obvious question, but do you have a Newham residents' permit?

If not, I think the best strategy is the one outlined here, and the obvious supporting document to supply is the blue badge itself.

If you send me both sides in a PM, I can set up the links with a click counter for you.

IMO, the contravention did not occur.

The parking bay is situated on the footway but doesn't carry the mandatory footway parking icon;
In any event, you cannot have a parking bay adjacent to DYL;
The display of a BB was therefore proper as regards parking on a waiting restriction.



When I approached, the very odd layout of signs and markings confused me.

The authority will see that the word DISABLED is marked on the road, however there is no reference to the 'BB' logo on the sign. The alleged contravention is being parked in a permit space and the marking 'DISABLED' is not permitted in these circumstances, this is reserved as follows:

Where the bay is reserved for an individual disabled badge holder, an alphanumeric identifier, with or without the word “ONLY” may be added after “DISABLED”.

This bay is not reserved for an individual disabled badge holder, it appears to be reserved for the holder(s) of 'Permit S'. For these purposes it is irrelevant that the qualifying conditions imposed by the council to qualify for such a permit might include holding a BB, the restriction imposed and the alleged contravention relate to permits, not Blue Badges and therefore the placing of the road marking 'DISABLED' is not only not permitted, it is confusing.

And to add further confusion, the council have marked the carriageway adjacent to this bay and for its entire length with another improper sign i.e. simple DYL. It is improper to mark a carriageway in this manner adjacent to a parking bay.

You will therefore see that the use of DISABLED causes confusion because it is inappropriate for the restriction stated in the traffic sign and, additionally, the DYL totally conflict with the presence of a lawful parking bay in the first place. It is not the motorist's task to guess which, if either, applies.

I acted upon the 'DISABLED' road marking and DYL and displayed my BB as required, I therefore expect the PCN to be cancelled.

Just some thoughts offered for comment.

Legal references can be added later depending on the final shape of the reps.

OP----HCA's suggestion is the way to go.

Plus the signage may be incorrect since the Council do not have DfT approval for the words used on the sign.

The TSRGDs ( https://www.legislation.gov.uk/uksi/2016/362/schedule/4/made ) indicate:-

1. “Disabled badge holders”;

2. “Disabled badge holders only”;

3. “Disabled badge holders only at all times”;

4. “Disabled badge holder” and a permit identifier; or

5. “Disabled badge holder only” and a permit identifier

The latter two are used when there is a dedicated individual disabled space for an individual user as indicated by the word "holder" (singular not plural).

See their approval for this sort of sign here:-

https://assets.dft.gov.uk/trafficauths/case-3311.pdf

There is no provision for the words "Resident Permit Holders" in the TSRGDs and the Council would have to get DfT permission to use it----they haven't         https://www.dft.gov.uk/traffic-auths/?search=newham Ergo the signage is invalid and unenforceable IMO.

Mike