Free Traffic Legal Advice

I recently received a PCN (Code 01 - "Parked in a restricted street during prescribed hours") from Spelthorne Borough Council for parking on yellow lines, despite clearly displaying my valid Blue Badge and setting the clock correctly and I am quite gobsmacked by it.


Key details:


• PCN reads: Served on date, by Civil Enforcement Officer who had reason to believe that the following contravention had occurred "01 Parked in a restricted street during prescribed hours."

• PCN issued at 10:08 AM, with an observation period of approximately 10 minutes (09:58 –10:08).

• Blue Badge and clock clearly displayed, set at 09:00 AM (so well within the allowed 3-hour exemption). The blue badge can also been seen in the background on windscreen where ticket is attached.

• No loading restrictions indicated (no yellow kerb markings at all). Can be seen in pictures

• Road markings are severely worn and unclear.

• No signs indicating additional restrictions on my side of the road. Opposite side of the road does indicate 08:00 am to 06:30 PM Permit Holders Only.

• There is no CPZ entry sign; no upright plates on my side of the road either to indicate parking or loading instructions.

• I reviewed the Spelthorne Residents’ Parking , which explicitly allows Blue Badge holders to park without restriction unless specific loading restrictions apply (none were present in observed area).

• I am quite shocked as I believe this PCN was issued incorrectly, but before challenging formally, I  would appreciate the community’s experience:

• Has anyone successfully appealed a similar PCN using Blue Badge exemptions?

• Is there anything specific I should emphasise in my appeal?

• Any other advice or insights from personal experience?


I have included pictures including 2 pictures from Google Street to show street overlay and have tried my best to redact any personal identifiable information including badge and reg number but have original pictures if required to challenging this PCN.


Links to all pictures:

https://imgur.com/a/0eCsGck


Thanks in advance for any advice or guidance!

Set your link to public access.

..

Let's go back to basics, in this way we can focus your and our efforts on the issues.

The contravention description means that in the CEO's opinion your car was parked on a single yellow line only i.e. there weren't any loading restrictions, without it being qualifying for an exemption.

A valid BB displayed in the correct position in conjunction with a clock set to the quarter hour of your arrival and not being more than 3 hours prior to observation or having returned within 1 hour of a previous exempted period is an exemption.

So let's forget about unclear lines and CPZ signs etc, set your evidence to public access and avoid setting hares running before we've narrowed the issues.

Hi, I noted Google drive was troublesome so I have put a URL instead with all pictures in.

Hi and thanks for your response. There are all my pictures as there are no council photos just a printer PCN with writing and absolutely no pictures at all.

Your blunderbuss first post referenced everything from bays to worn lines to CPZs to loading restrictions.

You were parked on double yellow lines, that's it. They are the same as singles except that they apply 24/7.

But so does your exemption.

Looks like a case of an incompetent CEO.

Your reps are clear:
Here are the lines; this what they mean; exemption is granted to vehicles which display a valid BB in the required position and clock set to the nearest quarter hour before parking; and here are my photos which show these items in my car.

The CEO made a mistake and the PCN must be cancelled.

Dear Spelthorne,

I was puzzled to get this PCN as I believe my blue badge credentials for the 3 hour exemption on yellow lines were in order at the time.

Please check your evidence pictures as I think the PCN has been issued in error and I look forward to your early confirmation that you have cancelled it.