Free Traffic Legal Advice

IMO, be careful with alighting which I take to mean parked for the purpose of and not something done opportunistically. If you mention alighting, then IMO this could lead them to believe that you parked for this purpose which is the exact opposite of your main argument.

I think you have to decide what's the thrust of your argument which, based upon your first posts, is not alighting.

I was referring to the OP's narrative about moving into and being prevented from moving out of the bay by factors beyond their control i.e. traffic.

IMO, they cannot have this both ways and must be careful not to slip up on this point. 

Hi Pastmybest,

Thank you so much!! May I ask where this paragraph was found? I searched on google and the answer I found is contradicting:

"Parking contravention code 40 means a vehicle was parked in a designated disabled person's parking bay without a valid Blue Badge being clearly displayed. This code is issued to any vehicle found in these spaces if a valid disabled person's parking badge is not visible. Exceptions are not typically made, though some bays might have time restrictions, which would be indicated by signage.
Contravention code 40 specifically refers to parking in a disabled bay without a valid Blue Badge.
Blue Badge holders are exempt from this contravention, provided the badge is clearly displayed.
No observation period is applied for this contravention, meaning the penalty can be issued immediately.
Loading and unloading is not permitted in these bays, and vehicles are still liable for a PCN even if loading/unloading if the badge is not displayed.
Exceptions may apply if there are specific, clearly signed times during which the bay is active, but the rule applies during all other times. "

Could you or anyone kindly help and explain this contradicting point? I am totally confused and the deadline of the appeal is fast approaching.

Many thanks in advance!!

Yes you need to get reps in now. I would send what you've done later today - see if Mr Andersen pops up with anything else.

I think you could add that driver was not parked in bay but waiting briefly for traffic to clear and the council's pics also show the car had moved forward.

Good point! I was planning to do this before, but thought the time recorded on PCN may carry more weight in this appeal. I will now add this in.

Hi Pastmybest,

Thank you so much!! May I ask where this paragraph was found? I searched on google and the answer I found is contradicting:

"Parking contravention code 40 means a vehicle was parked in a designated disabled person's parking bay without a valid Blue Badge being clearly displayed. This code is issued to any vehicle found in these spaces if a valid disabled person's parking badge is not visible. Exceptions are not typically made, though some bays might have time restrictions, which would be indicated by signage.
Contravention code 40 specifically refers to parking in a disabled bay without a valid Blue Badge.
Blue Badge holders are exempt from this contravention, provided the badge is clearly displayed.
No observation period is applied for this contravention, meaning the penalty can be issued immediately.
Loading and unloading is not permitted in these bays, and vehicles are still liable for a PCN even if loading/unloading if the badge is not displayed.
Exceptions may apply if there are specific, clearly signed times during which the bay is active, but the rule applies during all other times. "

Could you or anyone kindly help and explain this contradicting point? I am totally confused and the deadline of the appeal is fast approaching.

Many thanks in advance!!

I quoted from the civil enforcement officers handbook

file:///C:/Users/andre/Downloads/CivilEnforcementHandbookV2%20(1).pdf

Many thanks for the handbook link!!

Try putting everything into one pdf which you can then form your one attachment.

My appeal has been rejected. Below is the letter received on 21/*11/2025.

"We have considered your representations about the penalty
charge issued on the 21/10/2025 at 08:53 and have taken
into account everything you said. However, there are not
sufficient reasons to cancel the penalty charge, which is now
payable.
This letter explains the details of the penalty issued, our
reasons for rejecting your representations and your options.
Take a moment to carefully read through ALL the
sections in this letter (listed below) before you decide
what to do next:
1. Our reasons for rejecting your representations.
2. The details of the PCN / Notice to Owner.
3. How to pay.
4. How to appeal your decision.
5. What happens if you do nothing.
Appealing
this decision
If you disagree with the
council’s decision you
can appeal to the
independent adjudicator
at the
Traffic Penalty
Tribunal.
See Section 4 of this
letter for further details.
Please consider
ALL information
in this letter
before appealing.
Yours sincerely,
S Thompson
Parking Services Officer
1. Our reasons for rejecting your representations:
The PCN was issued because the vehicle was parked in a disabled bay without displaying a
valid disabled persons badge during the restricted hours.
Please see the photographs taken by the Civil Enforcement Officer at the time the PCN was
issued:
You stated in your formal representation that as the core allegation on the PCN is not
supported by the evidence, you request that we cancel the PCN. As you believe the
photographs does prove that your vehicle was parked there. You would like to add that the
driver was not parked in bay but waiting briefly for traffic to clear and the council's pictures
also show the car had moved forward.
Every interaction had with a CEO is recorded on the PCN case 'vehicle parked in disabled
bay. asked driver to move and they said they were dropping off. started to issue a PCN and
told them the PCN would come in the post. driver drove off so PCN is a reg 10 with 4 pics
taken.'
Your representations have been rejected because drivers are not allowed to park in disabled
bay unless their vehicle is displaying a valid disabled badge. The PCN was issued correctly
and can be instantly issued.
There is no requirement under the 2004 Traffic Management Act (TMA) for a Civil
Enforcement Officer (CEO) to take photographs in support of a PCN.
Photographs are useful for both the motorist and the council in cases like this but they are
not a legal requirement for two main reasons:
A camera could malfunction. This does not mean that the parking contravention did not
occur – merely that for technical reasons it could not be recorded photographically.
A motorist could return to their vehicle as a CEO was about to take photographs and
threaten them with physical violence. Again, this does not mean that the contravention did
not occur.
When driving the motorist is obliged on each and every occasion to consult the signage and/
or road markings to ensure compliance with the restrictions in place irrespective of familiarity
or otherwise with restrictions normally or previously in operation at the location.
The information provided has been considered, but the Council finds that there are not
sufficient grounds to cancel the PCN.
The penalty charge of £70.00 is now payable. This must be paid before the end of 28 days
beginning with the date of service of this Notice.
You must now decide whether to PAY the penalty charge or whether to APPEAL."

The CEO never had any interaction with the driver. No conversation ever took place.

"There is no requirement under the 2004 Traffic Management Act (TMA) for a Civil
Enforcement Officer (CEO) to take photographs in support of a PCN." Is this true??

Do they have a valid legal point on this??