Author Topic: Newham - Parked in a disabled residents permit holder bay - Code 165  (Read 1283 times)

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On the day of the alleged contravention, I was dropping off the passenger who is a blue badge holder. The road is a one way road, and the only parking space available at the time was the disabled bay and was also closest to the house I was dropping the passenger off to.

I parked in the bay wrongly assuming it was a regular blue badge bay, based on the road markings and failed to read the sign plate stating it is for disabled resident permit holders only. I displayed the blue badge and escorted the passenger into the house and was no more than 2-3 minutes before returning to the vehicle to find the PCN affixed to the car.

As you can see on the PCN, there was no observation time and was issued immediately. Any help would be massively appreciated.





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Re: Newham - Parked in a disabled residents permit holder bay - Code 165
« Reply #1 on: »
There may be an exemption for boarding/alighting passengers. In your case this comes under "assisted boarding", namely helping a vulnerable person to a safe place after alighhting. You'd need to see the Traffic Order for this bay to confirm this.

Re: Newham - Parked in a disabled residents permit holder bay - Code 165
« Reply #2 on: »
How do I obtain the traffic order for this bay? And how long does it usually take?

Re: Newham - Parked in a disabled residents permit holder bay - Code 165
« Reply #3 on: »
The markings are incorrect. As this restriction purports to be different from those either side 'Disabled Resident Permit Holder'/'Permit holders only, then the bay must be separated correctly i.e. double transverse lines. (Edit - which you will see clearly in the photos in the link in the next post from stanfordman)

And it's not a 'dedicated disabled bay' surely, it's a permit bay, but with a unique permit identifier.

Maybe others know whether these issues which are obvious at first glance have been tested at adjudication.
« Last Edit: October 17, 2025, 05:08:37 pm by H C Andersen »

Re: Newham - Parked in a disabled residents permit holder bay - Code 165
« Reply #4 on: »
Here's another case that the council cancelled, but not Newham, which is notoriously bad.

I put in info from the signs manual.

The alighting exemption is also in play or should be.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/barnet-council165-parked-in-a-permit-space-without-a-valid-virtual-permit/

Re: Newham - Parked in a disabled residents permit holder bay - Code 165
« Reply #5 on: »
Received a reply with rejection from Newham Council. A couple of immediate questions came to mind:

- what is "for an extended period beyond what is reasonably necessary to assist a passenger?"?
- How did the CEO know the length of time, if there was no time between the observation and issuing of the PCN?
- Are the bay markings clear, compliant, and correctly separated in accordance with the Traffic Signs
Regulations and General Directions 2016 as they claim it to be?

Quote
Thank you for your correspondence received on 24 October 2025 regarding the
above penalty charge notice (PCN). Your comments and the notes of the Civil
Enforcement Officer (CEO) have been considered.

Your vehicle was observed at 17:39 Parked in a permit space or zone without a valid
virtual permit or clearly displaying a valid physical permit where required (dedicated
disabled bay) in Winter Avenue.
You have stated -
You are requesting cancellation of the PCN because the bay markings were unclear and
non-compliant, failing to properly separate different restrictions as required by regulations.
You also state that you were engaged in an exempt activity assisting a disabled passenger
with boarding/alighting and had a valid Blue Badge displayed. You argue that the signage
and markings did not clearly indicate a separate restriction, and you acted in good faith.
I have carefully reviewed your comments and the circumstances you described; however, no
grounds for cancellation have been established.

After further investigation, I can confirm that the signage and bay markings at the location
were clear, compliant, and correctly separated in accordance with the Traffic Signs
Regulations and General Directions 2016. A clear time plate was also in place, indicating the
restriction for the Disabled Residents Permit Holder bay. These markings and signs
adequately conveyed the restriction, and therefore the contravention was correctly enforced.
Regarding your point about the boarding and alighting exemption, this applies only when the
process is continuous and does not involve leaving the vehicle for an extended period
beyond what is reasonably necessary to assist a passenger. The Civil Enforcement Officer
observed your vehicle and recorded no such activity during the observation period.
Therefore, this exemption does not apply in this case.

Finally, while a Blue Badge was displayed, this does not provide entitlement to park in a
Disabled Residents Permit Holder bay unless a valid permit for that bay is also held. The
restrictions for these bays are specific and apply at all times to ensure access for residents
who rely on them.

For these reasons, the Penalty Charge Notice was issued correctly, and we are unable to
cancel it.

In conclusion, having taken all aspects of this matter into consideration, no
justification for cancelling the penalty charge notice has been found.
The discounted payment of £80.00 will be accepted in full and final settlement
if paid not later than the last day of the period of 14 days beginning with the
date of service of this letter.

You can view evidence of the contravention online at parking.newham.gov.uk by
selecting ‘View a PCN.’ You will need your PCN number and vehicle registration
mark (VRM).

If payment is not received within this time, the full penalty amount of £160.00 will
become payable.

Payment should not be made if you wish to pursue this and want to make formal
representation, as payment is seen as an acceptance of liability and will close the
case.

If payment is not received as detailed, I shall assume that you wish to pursue the
matter and shall arrange for a Notice to Owner to be sent after the period of 14 days
to the registered keeper of the vehicle so that formal representations may be made.
Should these be rejected, the registered keeper of the vehicle will then be offered the
opportunity to appeal to the Environment and Traffic Adjudicators. I should point out
that, should you decide to take this course of action, after the discount period has
expired, you will forfeit the right to pay the Penalty Charge at the lower rate and the
full charge of £160.00 will be due.

If you are not the registered keeper of the vehicle, for example the vehicle is a
company or lease/hire vehicle, or being used with the owner`s consent, I suggest
you advise the keeper that a Notice to Owner will be issued.

Please note that Newham Council is unable to consider any further correspondence
at this stage regarding this penalty charge notice.
« Last Edit: November 12, 2025, 06:52:16 pm by 1921 »

Re: Newham - Parked in a disabled residents permit holder bay - Code 165
« Reply #6 on: »
Anyone doing just a modicum of research or a little knowledge would know that a bay that has only one dedicated use needs only road markings so a disabled driver would not need to look for a sign upon seeing a disabled bay marked on the road.

A Quick glance would be sensible but you would likely not see the sign for the foliage. The council are under a legal obligation to sign the bay adequately to inform drivers in this case they have not

Boarding/alighting is allowed in disabled bays so your assisting a disabled person is also a valid reason for the stop

Re: Newham - Parked in a disabled residents permit holder bay - Code 165
« Reply #7 on: »
+1

The case we helped with above is the same - with a permit bay the council should have a permit road legend and not mislead with just the word disabled. IMO the council should follow traffic signs manual guidance but it's not mandatory.

I suspect an adjudicator if disallowing on this would find their way to allow on alighting.