Author Topic: PCN Croydon - Ticket for parking in a (decommissioned) disabled bay  (Read 418 times)

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PCN no: CR4723097A
Croydon 08/09/24
Code 40 - Parking in a disabled bay (decommissioned)

Hi there.

New member and first post so grateful for any advice.

We have 2 recently decommissioned disabled bays on our residential street, which people regularly now park in. The disabled residents no longer live on the road, hence the official signs being painted out.

Both have the signs on poles blacked out but one still has 'Disabled' written on the road itself.

I parked in the space with 'Disabled' written on the road, but has a sign that's been painted out.

We're on a cul de sac and street maps haven't done our bit of the road but the other disabled bay (before it was painted out) is here. https://shorturl.at/o80OI
https://maps.app.goo.gl/FGt7Hj4D4xejTs666

The one I parked on is the same (but with the sign on the post painted black).

PCN - https://imgur.com/a/9izKs8E
Blacked out signage - https://imgur.com/a/MrCDE2C

I'd like to appeal as am assuming I shouldn't have got a ticket for parking in an old bay with no signage but would be grateful for any advice before I do.

It happened yesterday so I've 2 weeks till the charge jumps up.

Thanks again

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Re: PCN Croydon - Ticket for parking in a (decommissioned) disabled bay
« Reply #1 on: »
They have major problems with their website which can be nest raised at the final stage/Tribunal. I will get back tonight.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: PCN Croydon - Ticket for parking in a (decommissioned) disabled bay
« Reply #2 on: »
Bay markings are still good but CEO did not include pic of sign for the obvious reason it's blacked out as you say.

But it seems both these disabled bays have not been formally decommissioned in terms of traffic orders and are showing as live on Croydon's order map.

Have you got anything official to say they've been decommissioned - it may be they are scheduled to be done in a batch of upcoming changes.



Re: PCN Croydon - Ticket for parking in a (decommissioned) disabled bay
« Reply #3 on: »
Under the relaxation of the rules as per TSRGD 2016, there does not need to be an upright sign anymore.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: PCN Croydon - Ticket for parking in a (decommissioned) disabled bay
« Reply #4 on: »
Under the relaxation of the rules as per TSRGD 2016, there does not need to be an upright sign anymore.

There is no way Croydon is taking down upright signs in its disabled bays. We need the OP to say what they know about revoking these bays.

On a related point there have been or may be still are advisory disabled bays, which means an upright sign is obviously a necessity in a bay made by an order.

Re: PCN Croydon - Ticket for parking in a (decommissioned) disabled bay
« Reply #5 on: »
Thanks for the replies so far. Annoyingly it looks like I don't have a legal leg to stand on then, and may have to just pay up? Really annoying as we know that both the disabled residents that the bays were for have moved and the signs have been painted over. Am tempted to appeal anyway, seeing as the worst that'll happen is I have to pay the lower fine anyway in a few weeks?

Re: PCN Croydon - Ticket for parking in a (decommissioned) disabled bay
« Reply #6 on: »
Also, on a point of principle I should prob contact the council/local councillor to double check the status of them and get them formally decommissioned. Seems nuts that a space that's been painted out on the road and had the sign painted out is still showing online as a proper bay and presumably therefore illegal to park on, whilst at the same time not reserved for disabled drivers

Re: PCN Croydon - Ticket for parking in a (decommissioned) disabled bay
« Reply #7 on: »
Who painted over the signs?

You have a good case if they've been blanked and you seem to have knowledge that they are no longer in use.

If the markings on one have also been erased it seems they intend to remove both.

I looked on recent traffic orders for this location but couldn't see anything on revocation but councils often do a sweep of new/old disabled bays and batch them up so they should cancel this if the bay is earmarked for such and you are entitled to assume they have if the sign is blanked.

Re: PCN Croydon - Ticket for parking in a (decommissioned) disabled bay
« Reply #8 on: »
Not 100% sure who painted the signs out but am assuming it was the council as the other bay has had the marked space and word 'Disabled' painted over in black paint too

Re: PCN Croydon - Ticket for parking in a (decommissioned) disabled bay
« Reply #9 on: »
Under the relaxation of the rules as per TSRGD 2016, there does not need to be an upright sign anymore.

Even if not legally required, could the fact that there was an upright sign that had been painted over give any grounds for an appeal seeing as this could lead to drivers assuming that the bay was no longer designated as a disabled only one?

I realise that it's totally different legislation but in the case of consumer contracts, any ambiguous term is generally deemed to favour the consumer rather than a business so an appeal along these lines might work.

Re: PCN Croydon - Ticket for parking in a (decommissioned) disabled bay
« Reply #10 on: »
That in some locations an upright sign is not needed is a red herring.

As I said the blanked sign(s) and one blanked legend on the two bays plus local knowledge will probably see this off even though an order to revoke the bay(s) does not seem to have been made.

You can see the orders that batch bays for revocation (and add new ones) in this link. The most recent is PN169, 5 September. I haven't checked back very far to see if Selsdon Avenue appears.

https://www.google.com/search?q=CROYDON+COUNCIL+DISABLED+PERSONS+PARKING+PLACES+-+SCHEDULE&oq=CROYDON+COUNCIL+DISABLED+PERSONS+PARKING+PLACES+-+SCHEDULE&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIHCAEQIRigAdIBCTIyMjQwajBqOagCALACAA&sourceid=chrome&ie=UTF-8

Re: PCN Croydon - Ticket for parking in a (decommissioned) disabled bay
« Reply #11 on: »
Code 40 - Parking in a disabled bay (decommissioned)

Hi there.

New member and first post so grateful for any advice.

We have 2 recently decommissioned disabled bays on our residential street, which people regularly now park in.


The contravention is not 'Code 40 - Parking in .....(decommissioned)'. This is your version.

The PCN simply alleges that the vehicle was parked in a disabled bay etc. etc.

'Decommissioned' is your interpretation of matters but, as explained by others, a bay which is in force 24/7 no longer needs an upright sign.

So, putting your assumptions to one side, prima facie the vehicle was parked in a disabled bay and the contravention is proved based upon the photographic evidence.

If you believe that there was no contravention of a Traffic Management Order (the bay wasn't designated) then you can advance this in your reps.

Re: PCN Croydon - Ticket for parking in a (decommissioned) disabled bay
« Reply #12 on: »
For the moment, just put in a challenge that the upright sign was not fit for purpose and ask them to cancel.

Let's see what they come back with.

This really needs to go to the Tribunal as suggested previously.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bensham-lane-croydon/msg34752/#msg34752

The above thread explains a little more. And it takes you to cp's link:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-at-my-own-driveway-pavement-parking/msg34577/#msg34577
« Last Edit: September 10, 2024, 10:54:30 am by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: PCN Croydon - Ticket for parking in a (decommissioned) disabled bay
« Reply #13 on: »

Also, on a point of principle I should prob contact the council/local councillor to double check the status of them


Absolutely. Just write to the council on their general contact link.

I am a resident of **** and for some time we have had ** disabled parking bays in our road(o/s **, ***). Recently, the traffic signs were covered with paint and this has led to some residents wondering whether these bays are still in effect or whether we may park in them.

I should be grateful if you would let me know the current position and whether there are any plans for changes. Anecdotally, these bays were provided for specific residents whose need has now ceased.

Don't mention your PCN, it's not relevant for these purposes.