Author Topic: Parked in a permit space or zone without a valid virtual permit or clearly displaying a valid physical permit where requ  (Read 60 times)

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Devon County Council pcn; PARKED IN A PERMIT SPACE OR ZONE WITHOUT A VALID VIRTUAL PERMIT OR CLEARLY DISPLAYING A VALID PHYSICAL PERMIT WHERE REQUIRED CODE: 16
I am a valid Blue Badge holder and my badge was clearly displayed at the time of parking.
At the time I parked, I genuinely believed I was parking on double yellow lines in accordance with Blue Badge concessions. I came back to the car to a pcn ticket. The road markings for the bay were not visible at all and the “permit holders” worded marking was extremely faded to the extent that I did not see it, though I believe I can park on permit holder bays.
In addition, the pole-mounted sign indicating any restriction was not visible at all from where I parked. The sign was positioned over a metre away from the front of my vehicle and, as a wheelchair user, my lower line of sight makes signage placed at height and at a distance, plus on a hill facing down in a seated position, there was no clear indication that this space was subject to any restriction beyond standard double yellow line rules.
I also parked behind another Blue Badge holder who was positioned on the double yellow lines ahead of me. As evidenced in  photographs, my vehicle was positioned partly within the area of what should be marked as a bay and partly on the double yellow lines. I think this clearly demonstrates that I was not intentionally parking within a restricted bay, but rather believed I was parking lawfully in line with Blue Badge allowances.
I have previously parked in this area during earlier visits a few years ago without issue and was unaware that any restriction had changed. I would never knowingly park in a space reserved for community first responder use, and had the restriction been clearly indicated, I would have parked approx a metre back than where I was.
Given that the bay markings were not visible at all, the “permit holders” wording was extremely faded, and the signage was not visible from my position, I believe the restriction was not adequately conveyed at the time. I had a genuine and reasonable belief that I was permitted to park where I did. I cant attach photos under attachments there is nothing to allow me to do this?? These photos show the permit bay in question, showing the non existent lines and the faded "permit holders" road painting. 
Thankyou for any advice
SORRY IT WILL NOT ALLOW ME TO ADD PICTURES or PCN FOR SOME REASON so have had to add ticket below?


PARKING TICKET

Devon
County Council
PENALTY CHARGE NOTICE (PCN)
The Traffic Management Act 2004, s.78; Civil Enforcement of Road Traffic Contraventions (Approved Devices,
Charging Guidelines & General Provisions) (England) Regulations 2022; Civil Enforcement of
Road fratic Contraventions (Representations and Appeals) (England) Regulations 2022.
PCN Number:
Served on: 05/04/2026
by Civil Enforcement Officer (CEO) D136
who had reason to believe that the following
contravention had occurred and that a penalty
charge is now payable:
Parked in a permit space or zone without a valid
virtual permit or clearly displaying a valid
physical permit where required
Code: 16
Date of contravention: 05/04/2026
Time of contravention: 15: 06
Location: Market Street. Saicombe
Vehicle registration:
Make:
Colour: Red
Tax disc: Expiry:
Observed from 15:05 to 15:06
A penalty charge of 470 is now payable and must be
paid within the period of 28 days beginning with
the date on which the alleged contravention
occurred (i.e. 02/05/2026)
If the penalty charge is paid no later than the
last day of the period of 14 days beginning with
the date on which this PCN was served (i.e.
18/04/2026), the penalty charge will be discounted
by 50% to £35
SEE REVERSE FOR:
How to Pay.
How to challenge this PCN.
What happens if no payment is made.
D O NOT PAY THE CIVIL ENFORCEMENT OFFICER.
PAYMENT SLIP - See over for details.
PCN Number:
Served on: 05/04/2026
Vehicle registration:
Contravention: Parked in a permit space or zone
without a valid virtual permit or clearly
displaying a valid physical permit where required
Code: 1 6
The Penalty Charge is £70; or £35 if paid not
later than the last day of the period of 14 days
beginning with the date on which this PCN was
served.
- If payment is made by post, please detach this
slip. complete the details on the reverse and
turn it with your payment.

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Your VRM and PCN number pl, we can then access the council's photographic evidence.


PCN Number: YD19331546. vehicle WG64UFY

thankyou

For me, this is a grossly unfair PCN, because with DYLs and BB parking allowed on them,  there is no duty to look for a sign, because DYLs apply 24x7. We already know that Devon issue permits for Community First Responders, but I have doubts as to whether the sign barring all but these permits is lawful. If it is to be lawful, it must be specified within a Traffic Order. If not, then no offence had occurred. If Devon Council wanted to bar all parking, all they need to is put in a loading restriction which, with its double kerb blips when on DYLs, alerts BB holders that they cannot park there.

But of course it's cheaper to just put up a sign and watch the money roll in, which it will do because most people pay-up on receipt of the PCN.

OP, row back a little.

Why did you display a BB?

Because you were parked on CLEAR DYL!

You parked on a length of street CLEARLY marked with DYL. IMO, don't start with what wasn't clear, start with what was!

As the council's photos show, I parked on clear DYL. There is no issue that my BB was displayed as required. It therefore follows that I was parked lawfully and the PCN must be cancelled. If, as appears to be the case, the council believes that this was a parking place then they would have to explain to the adjudicator why they have two contrary markings in place on the same length of road and choose which one to enforce as it suits.

I would not put money on a favourable response from the adjudicator! (this part is optional!)


Thankyou for your comments, there does not appear to be a traffic order for this road ever.

Thankyou for your comments, there does not appear to be a traffic order for this road ever.
Where have you looked ?

I Looked on traffic orders devon.gov.uk  and traffic penalty tribunal

but could only see this information possibly relevent below, though have neurological condition so do not always take information in.
 
PART B - PARKING PLACES
3 The limits of each parking space, where defined, shall be indicated by markings appropriate to
the position in which a vehicle may park

the markings here were double yellows lines

thankyou for advice

IMO, your time is better spent formulating draft reps, don't bother looking for the TRO because even if there was one the markings cannot convey its provision because the mandatory markings are conflicting.

I'd stick with the obvious, but it's your PCN.

Thankyou thats good advice, would this response be good for PCN?


I parked on a length of road clearly marked with double yellow lines. As a Blue Badge holder, I am permitted to park on double yellow lines where no loading restrictions apply, and I therefore believed I was parked lawfully. There is no duty to look beyond double yellow lines when relying on Blue Badge concessions, provided the vehicle is parked safely and no loading restrictions are in place.
As your own photographic evidence shows, my vehicle was positioned on continuous double yellow lines and my Blue Badge was correctly displayed. There is no dispute that I complied with the requirements for parking under these conditions.
There were no visible loading restrictions (such as kerb markings) that would prevent Blue Badge parking.
In addition, no signage was visible from where I parked to indicate any restriction beyond the double yellow lines. As a wheelchair user, my lower line of sight makes signage placed at height more difficult to see, and I had no clear indication that any different restriction applied ie kerb markings or vehicle position markings.
I also parked behind another Blue Badge holder who was similarly parked on the double yellow lines, reinforcing my reasonable belief that parking at this location was permitted.
In the circumstances, I was parked in accordance with the clearly visible restriction and in line with the Blue Badge scheme. I therefore respectfully request that the Penalty Charge Notice be cancelled.

thanks again for helping

I would weave into this...

But despite the clear 24/7 waiting restriction, the CEO believed that I was within a parking place and has included a photo of a traffic sign in support. However, it is not legally possible for a parking place and a 24/7 no waiting restriction to co-exist on the same length of street i.e. they are mutually exclusive and the 24/7 waiting restriction does not cease to have effect just because a parking place sign has been placed alongside. I understand that the fundamentally flawed layout might be challenging for the authority, but I would request that my argument, which is based in legal principles, is given proper consideration and not simply dismissed because it raises important issues beyond this PCN which the authority might find inconvenient.