Free Traffic Legal Advice

Hi there,

So I have recently received a PCN for parking in a designated disabled persons bay.
I have appealed to the council stating the reasons 'Road markings unclear/No designated bay'. However my informal appeal was denied (See attached picture). Despite stating I was not parked in a designated bay, they still mentioned in the letter that I have parked in a bay. Can a sign still be enforced despite there being no road markings of a 'Designated Bay'? I have also checked the London Council Civil enforcement handbook contravention code 40 and can see a Bay needs to be valid for the contravention to occur.

My next step is to make a formal representation, but if it rejected what are the chances of it being accepted through London Tribunals?

Thank you for taking the time to look,
Jay

Edit: I have a valid parking permit for this area (PN)

[ Guests cannot view attachments ]

I have looked at the council photos online. Although I do not see a painted bay I do see your car was right next to a sign saying disabled badge holders only. I think you have an uphill fight on

Presumably you missed these signs as you drove into the street ?
https://maps.app.goo.gl/8XwwVX4jjcsLNh96A

However the PCN is for parking in a designated disabled parking bay, and to do this you would need both a BB and also a permit for the street. I presume you don't hold a permit for parking on this street. Wait for others to comment, but I don't think you are holding a strong hand appeal-wise.

Hi there, thank you for your message.
I do indeed hold a permit for this area.

The permit parking area entry sign should say 'except in signed bays' if there are exceptions in the PPA.

I've checked and there is an order for a disabled bay in the PPA but I'd say the entry sign possibly overrules this and they've let the bay marking degrade.

Hello, thank you for your message
Unfortunately they have left the sign to degrade since 2012...
Quite difficult to see, although my car is infront of the sign, the disabled bay is more ahead where the dropped kerb is. You could say my car front tyres are on the previous marked bay.
It is also quite confusing because if I was parked a car length behind, I would still get a ticket because I was near the sign.

[ Guests cannot view attachments ]

A Permit Parking Area:

an area—
(a)
into which each entrance for vehicular traffic has been indicated by the sign provided for at item 5 of the sign table in Part 3 of Schedule 5; and

(b)
where any parking place within that area reserved for the use of the permit holders as indicated on that sign is not shown by markings on the road (whether or not an upright sign is placed next to, or near, such a parking place to indicate that only the permit holders in question may use the place)


https://www.legislation.gov.uk/uksi/2016/362/schedule/1/made

Which means that any and every length of street reserved for different users must be marked. It's no different to any other length of street.

Hi there, Thank you for your response.
I'm sorry, I'm not sure if you are referring for not having a valid parking permit. I can confirm I do have a valid permit (PN) to park in the area, just not a blue badge.
With your comments regarding marking, yes the designated bay needs to be marked, in which there are no markings shown.

So are there still PPA signs there as in 2022 - Newham has been taking some out and converting to CPZs.

Presuming they are the signs there they should have an exception for signed bays for other parking other than PPA permit holders.

As for the disabled bay I had to go back to 2012 to find reasonable road markings and obviously if the order still puts the bay there as it probably does by the dropped kerb for the nursery then you are in it.

Seems to me that the bay is not marked, the DISABLED legend on the carriageway is missing (worn way) and the sign on the pole is incorrect.

The sign on the pole shown in GSV Apr 2022 agrees with the sign in the Council evidence photo. And it appears to be outside the school. It's a time limited Disabled badge holders only sign.

The traffic order appears to be the "THE NEWHAM (PLAISTOW NORTH) (DISABLED RESIDENT PARKING PLACES) (NO. 2, 2017) (AMENDMENT NO. 4) ORDER 2022".

This order refers to a bay on the north side of Dongola Road West, outside the Howard Baker Nursery.

The Gazette notice for the order says;
"2. The general effect of the Orders would be to introduce disabled resident parking places for use only by persons who are resident within the relevant Controlled Parking Zones (CPZs), who meet the current criteria for the provision of parking places for disabled persons and who have been issued disabled resident parking permits. Certain other vehicles may wait in the parking places in certain circumstances, e.g., to load or unload goods or pick up or set down passengers. Details of the disabled resident parking places, including the CPZs and locations, are set out in the Schedule to this Notice."

So it's a DRPP bay. The sign should say "Disabled residents permit holders only" with the zone identifier for Plaistow North. Only a person who has a Disabled residents parking permit for zone Plaistow North can use the bay. A standard residents permit holder cannot park there and neither can a Blue Badge holder without the correct DRPP. That's the arrangement all over Newham.

There's no reference in the traffic order to any time limit on DRPP bays.

PM our administrator @cp8759 and see has he got, or can get, the official traffic order?

The traffic order appears to be the "THE NEWHAM (PLAISTOW NORTH) (DISABLED RESIDENT PARKING PLACES) (NO. 2, 2017) (AMENDMENT NO. 4) ORDER 2022".

This order refers to a bay on the north side of Dongola Road West, outside the Howard Baker Nursery.

The Gazette notice for the order says;
"2. The general effect of the Orders would be to introduce disabled resident parking places for use only by persons who are resident within the relevant Controlled Parking Zones (CPZs), who meet the current criteria for the provision of parking places for disabled persons and who have been issued disabled resident parking permits. Certain other vehicles may wait in the parking places in certain circumstances, e.g., to load or unload goods or pick up or set down passengers. Details of the disabled resident parking places, including the CPZs and locations, are set out in the Schedule to this Notice."

So it's a DRPP bay. The sign should say "Disabled residents permit holders only" with the zone identifier for Plaistow North. Only a person who has a Disabled residents parking permit for zone Plaistow North can use the bay. A standard residents permit holder cannot park there and neither can a Blue Badge holder without the correct DRPP. That's the arrangement all over Newham.

There's no reference in the traffic order to any time limit on DRPP bays.

PM our administrator @cp8759 and see has he got, or can get, the official traffic order?

Yes I looked that up but didn't read it so closely - there seems to have been a disabled bay there since at least 2008 on Google maps but that order was made in 2017. It's typical of Newham to fail to maintain/change signage/markings.

OP - are the PPA signs there now at the road entrance?

Seems to me there's enough here to go on with this.