Free Traffic Legal Advice

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.

PCN Number: YD19331546. vehicle WG64UFY

thankyou

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.

Where have you looked ?

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.

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.

Date: 17/04/2026
Unit: Parking Services
Page: 1 of 2
Rejection of Informal Challenge
PCN No
Date of Contravention
Time of Contravention
Vehicle Registration Number
Location of Contravention
: YD19331546
: 0 5 April 2026
: 15:06
: WG64UFY
: Market Street, Salcombe
Dear
Thank you for your correspondence the Traffic Management Act 2004.
which has been dealt with a s an informal challenge, i n accordance with
All of the information that you have provided has now been carefully considered, as well as the circumstances
surrounding the issue of the penalty charge notice.
The Council regrets having t o disappoint you, but your informal challenge has not been accepted in this
instance.
The Council advises that the vehicle was parked in a location subject t o a restriction where n o exemption i s
given to disabled badge holders.
The Council can see from the photographic evidence that the front half o f your vehicle is parked within the
Community First Responder Permit Bay. This bay is reserved for vehicles who hold a Community First
Responder permit. The exemption i s not applied o r valid for anyone who holds and displays disabled persons
badge when parking in this parking place.
When issued with a badge the holder is provided with a guidance booklet detailing when the badge can be
used and how i t must be displayed. It i s the responsibility o f the holder t o familiarise themselves with the
guidance issued.
Badge holders cannot rely o n the badge for exemption where there is either, a no stopping, no loading
prohibition i n force o r where a space i s reserved for a specific class o f vehicle such as goods vehicles o r
permit holder parking places. Your vehicle was parked in a space reserved for motorists who hold a
Community First Responder Permit. On the roads regulated by Devon County Council, disabled badge
holders should not park i n a permit parking place unless the permit place indicates that the parking place is for
the use of resident permit holders.
It i s unfortunate if you were unfamiliar with the badge limitations but a s your vehicle was parked where n o
exemption i s given t o badge holders, the Council considers the penalty charge to be correctly and fairly
imposedprovides and does not contribute positively towards our aim of achieving full compliance with parking
regulations. The Council regrets having t o disappoint you, but your challenge has not been accepted in this
instance.
A t the Council's discretion a payment at the discounted sum of £35.00 will be accepted as full payment of the
penalty charge notice i f received within 14 days o f the date of this letter.
The Council has now fulfilled its statutory duty t o consider your informal challenge. I f you disagree with our
decision above and wish t o dispute the PCN further d o not pay. You should wait for the Council t o issue a
Notice t o Owner (NtO) a s payment at this stage will be considered as your acceptance of our decision and
close the case.
Further correspondence received prior t o an NtO being served will still b e considered and added t o the case
file, but if i n our considerations, i t does not merit cancelling the penalty charge i t may not be replied to. I f the
Council issues a n NtO, follow the instructions on the NtO and submit formal representations to us. W e will
consider all representations we receive.
I f payment of the reduced charge o f £35.00 i s not received within 1 4 days o f the date o f this letter, o r if
payment of the full Penalty Charge of £70.00 i s not received within 28 days of the date of the letter, registered
keeper details may b e requested from the DVLA and we may send the owner o f the vehicle a Notice t o Owner
(NtO).
If after careful consideration of the representation and all other case information we reject the representation,
the owner will b e able to appeal t o a n independent parking adjudicator, who will consider whether any o f the
statutory grounds for appeal apply in the case.
The Traffic Penalty Tribunal will not accept an appeal application prior t o the Notice to Owner having been
issued, considered, and formally rejected by the Council.
Payment can b e made by one o f the following methods:
SECURE ONLINE PAYMENTS: www.devon.gov.uk/parking
BY PHONE: 2 4 hours a day on 0345 155 1075 using your debit or credit card.
B Y POST: Complete the payment slip below and return with your cheque/postal order to: Parking Services,
Devon County Council, P O BOX 811, Exeter, EX1 9WA.
I f you would like a receipt, please enclose a stamped addressed envelope. D o not send cash in the post.
Yours sincerely,
Parking Services
On behalf o f K Hardacre - Parking Appeals & Per

Thankyou. I guess I have to go to tribunal then next.