Free Traffic Legal Advice

My mum apparently parked in a motorcycle bay in Mill Hill NW7, London. It was accidental as the bay marking was extremely faded (see photos - https://imgpile.com/p/FMY1vnH), and the other indicator, a pole, seemed to her to relate to a separate bay. She was displaying a valid blue badge. The council issued her a PCN. When she returned to her vehicle, she asked the attendant why the PCN had been issued. He said that he would not have issued it but a motorbike rider had been trying to park. He agreed with my mum that the signage was totally faded. My mum challenged the PCN online stating that the parking was unintended and explaining the above. They refused the appeal. Interestingly, within days they had repainted the ground marking indicating the motorcycle bay! On this basis we decided to make a formal challenge. The Notice to Owner has now been received. Look forward to hearing your kind advice, with thanks in advance!

https://imgpile.com/p/FMY1vnH

Thank you! The Google maps reference should be:
It was on Mill Hill Broadway, outside Boots. Yes, the photos are all from the council with the exception of the repainted marking, which my mum took shortly they had rejected her appeal.

Thank you again for your kind advice

It's a tiny sign but I had a quick look at recent cases and only spotted this refused case - the pics are still up on Barnet's site and it's the same location. But you have the repaint ammo.

Maps is frm August last year:




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Case reference   2240540638
Appellant   Carolyn Baum
Authority   London Borough of Barnet
VRM   RE71CPX
PCN Details
PCN   AG46294306
Contravention date   30 Aug 2024
Contravention time   15:23:00
Contravention location   The Broadway
Penalty amount   GBP 130.00
Contravention   Parked - place not designated for class of vehicle
Referral date   -
Decision Date   27 Feb 2025
Adjudicator   Martin Hoare
Appeal decision   Appeal refused
Direction   Full penalty charge notice amount stated to be paid within 28 days.
Reasons   
Ms Baum stated ‘I am a blue badge holder as I have Multiple sclerosis (MS) and I find it extremely hard to walk and become very anxious when a fair distance is involved. On this particular day I had an appointment and parked where the alleged contravention occurred as it was very close to where I had to go. Please also note, it does not clearly state that a blue badge holder can't park is this particular bay’.


The civil enforcement officer’s photographs establish that this car parked in a motorcycles only bay, adequately signed by a conspicuous sign plate and surface lettering.

The Authority declined to exercise discretion by cancelling the penalty. I am not permitted to substitute my discretion for that of the Authority.

The appeal is refused.

I think this was alluded to earlier.



Item 51 in the Part 2 sign table.

IMO, the zig-zag markings MUST be placed at the edge of the carriageway. It would therefore follow that the vehicle WOULD NOT have been parked on that length of carriageway had it been marked correctly because the driver knew that a BB was not permitted ON these zig-zags i.e. within the 'controlled area' of a crossing.

In short, the bay cannot exist and therefore the contravention could not have occurred within the scope of the 'controlled area' of a crossing.

Thank you all once again! The date of the NTO is 29 April. Apologies for being such a novice here, I'm wondering whether anyone might have some draft wording we might use in the formal appeal submission, just to make sure we do it right. All very much appreciated!