Free Traffic Legal Advice

Hi all, was signposted here from Pepipoo a while ago-been trying to deal with it informally but to no avail.

 In brief, son lives on a one-way street - parking can be difficult - one side no parking restrictions one side has single yellows and parking restrictions during hours of 9am - 6pm. Son has had BB for years (Congenital Knee Condition & some MH) and he, along with many others, has parked on the single yellow lines (half on pavement, half off to avoid obstruction) when all spaces on opposite side are taken - not always displaying BB, with no issue or tickets in the several years he's been there.

He then received 5 PCNs, all 01 Code. Can't be sure if BB displayed on every occasion but thinks perhaps only once or maybe max twice not displayed. All PCNs received over 2 weeks period & so often that a guy working nearby apparently challenged the issuing officer saying he was out of order when BB displayed & was told it's not for parking on yellow lines but parking on the kerb/pavement.

I've contacted parking services and was told yellow line covers the road/carriageway and footpaths, pavements and verges. Exemptions for Blue Badge only allow the exemption to park on the road (their emphasis) and the yellow line restriction covering pavement etc continues to apply, hence the PCN's. Told obv could appeal but would be rejected because of this. All informal reps now rejected and NtO received for 3 of the 5 PCNs.

During informal reps, only sent photos of 2 PCN incidents which clearly show BB displayed and it is these 2 that we have not yet received NtO for (though there is still time yet!)

The woman I spoke to at council agreed it is not unlawful to park on a pavement outside London (yet) but she maintains this is unless there is a yellow line covering all above - exemption will only apply to road.

I have to get formal representations in today (28th) so thinking to continue no violation occurred, just wondering if anyone has anything else to add/advice? Response to informal reps (and woman on the phone) implied it is also a breach of the rules relating to BB to park half on/half off the pavement and son now terrified he'll lose BB & begging me just to help him pay them all.

Link to following Docs:
PCNS x 3 being pursued
Response to informal reps
NtO x 3

https://www.dropbox.com/scl/fo/peejiajs8qnnd3vvpiz4b/h?rlkey=s88awtc7lfnughkz1bz9ljlyj&dl=0

Google map link: https://maps.app.goo.gl/RoEWwfYQTEyJcdet7

Thanks in advance if anyone manages to see this in time!


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Thanks Mike, Just received news today he also has a tumor growing in his tibia bone  he's beside himself about losing his Blue Badge. I didn't even notice the 2007 legislation - surely must be invalid? Thanks for the spot!

OP--tell your son that the Council cannot revoke a Blue Badge in the circumstances described; absolutely impossible.

Regardless of the PCNs I would investigate the Council having a dedicated disabled bay right outside your son's home. That should negate the level of parking elsewhere in the street or yellow lines.

Perhaps your Councillor might be of assistance.

Mike

You need to be aware that most people in council parking enforcement offices are as ignorant of the law as you may be. Certainly we have, over the years, seen some astonishing statements from councils on the law on parking and waiting.

Oh great! I'll follow up with that now too, thanks so much!

Those dates are not right firstly one of the PCN dated 27/06 they have the dates wrong way round ie the 28 day period is given as 10/7 and the 14 day as 24/07

@SBBA please show us the representations you have sent in full.

Also if you get a rejection please do not file an appeal with the tribunal on your own, realistically you should get one of us to represent you.