3. Newham E7 - Parked in parent's disabled bay - PCN - contravention 165.
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Newham E7 - Parked in parent's disabled bay - PCN - contravention 165.
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Hello,

I received a PCN over the weekend and I need a bit of advice.

Basically my parents have a disabled parking bay outside their flat on the street - E7 Newham. I was visiting this weekend to pick up my parents to take them to visit a family member. As they have a small car, the bay is big enough to fit my car and their car. So I parked inside their bay, when we came out I noticed a PCN - contravention 165.

I am thinking about appealing as I can show my dad's blue badge, as I was driving him that day and I believe that is allowed under the regulations? If anyone can share some insight that would be much appreciated. Here are pics, but let me know if more details are required. FYI the car in the pick is not the small car I am referring to above.





Thanks,

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Re: Newham E7 - Parked in parent's disabled bay - PCN - contravention 165.
« Reply #1 on: »

From the Newham website:

A Blue Badge is not valid within a disabled resident parking bay. Please note the bay is not exclusively for a specific resident, but eligible for use by any vehicle with a valid disabled resident parking permit for that zone.


OP, what made you think that '[your] parents have a designated disabled parking bay outside their flat on the street. The bay is registered to their car'?

Their and your misunderstanding, or just yours?

...assisted by the council IMO:

Dedicate:
devote (something) to a particular subject.
"volume four is dedicated to wasps"
cite or nominate (a book or other artistic work) as being issued or performed in someone's honour.

Whereas...
Designate is what the council have to do to to a length of highway to create a parking place in the first instance. (See s45 https://www.legislation.gov.uk/ukpga/1984/27/section/45 )

Certainly room for confusion, unless the application process and confirmation paperwork make it clear that 'dedicate' is for a purpose as opposed to a person.
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Re: Newham E7 - Parked in parent's disabled bay - PCN - contravention 165.
« Reply #2 on: »
Thanks, I think my parents may have misunderstood.

I'm assuming then that explaining that I was picking up and dropping my father who has a blue badge would not have much success?

Thanks,
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Re: Newham E7 - Parked in parent's disabled bay - PCN - contravention 165.
« Reply #3 on: »
In general terms, neither your Dad's BB nor his Permit allow you to park in that bay.
Most bays have an exemption for boarding/alighting but I am not sure if this exists in this sort of permit bay.
Assuming it does, then picking Dad up would be okay if he was waiting at the kerb.
The exemption can be extended to assisting if the person needs help, such as very young, elderly and infirm... in these case driver can leave the vehicle to assist and still claim the exemption.
Time allowed is solely needs based, so doesn't extend to stopping for a chat and a cuppa while Dad gets ready.
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Re: Newham E7 - Parked in parent's disabled bay - PCN - contravention 165.
« Reply #4 on: »
How long were you parked for?

Traffic order is on its way.
« Last Edit: September 26, 2023, 11:07:56 pm by cp8759 »
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Newham E7 - Parked in parent's disabled bay - PCN - contravention 165.
« Reply #5 on: »
Quote from: cp8759 on September 26, 2023, 11:00:53 pm
How long were you parked for?


Zero minutes according to the observation and issue time on the PCN.... which is all that is needed to be justified.
They may surmise lots longer but can only use that if you tell them.
I am not suggesting lying BTW but would suggest you are careful in how you phrase any challenge
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Re: Newham E7 - Parked in parent's disabled bay - PCN - contravention 165.
« Reply #6 on: »
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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  3. Newham E7 - Parked in parent's disabled bay - PCN - contravention 165.