Hi there, thank you for your message.
Fingers crossed, a neighbour of mine fought for his ticket, parked in the same position and have and had the PCN cancelled due to no valid bay being present.
Edit: Despite me mentioning I'm not parked in the bay, they said I have parked in a bay near the bottom of the letter.
1. Do you know on what basis your neighbour successfully challenged his PCN? How did he demonstrate it wasn't a valid bay?
2. When you say "Despite me mentioning I'm not parked in the bay" are you questioning where Newham say you were parked, or are you saying that where you were parked isn't correctly signed as a disabled bay?
1) Yes my neighbours appeal was this: Dear Sir/madam,
I am appealing the PCN I have received on my car in regards to the alleged contravention 'Code 40 - Parked in a designated disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner', which did not occur and so the ticket is invalid. I am challenging the ticket on the following grounds.
- There were no visual road markings:
For me to identify what part of the road if any had restrictions for Disabled badge holders, Newham Council should have road markings easily identifiable for motorists as shown with illustrations on page 37 of the Civil Enforcement Handbook issued by London Councils;
"Code description: Parked in a designated disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner. Code contravention: The contravention occurs when a vehicle waits in a disabled person's parking place without displaying a valid disabled person's parking badge and/or clock". Without any road markings, it was not clear to be where the disabled bay was.
• Old faded road marking, Furthermore, upon closer inspection provided in the supporting evidence, you can see a very faint and faded bay which one can only assume was originally put down for disabled badge holders. This means that I was not parked in the designated parking bay for Disabled badge holders, and even if I were, since the road markings have faded away, this ticket cannot be enforced.
- Photographs provided by Newham Council do not prove I was parked within a Disabled bay - reviewing the photos attached to my PCN on the Council Website, it is not clear whether I was parked in mentioned disabled persons parking place. There are multiple pictures of my car with a PCN attached to it and general pictures of my car, without such evidence alleged contravention did not occur.
To summarise, since there are no road markings clearly visible to prove I was parked in the so called designated disabled's person's parking place and without any photographic evidence from the council, alleged Contravention code 40 does not exist in this case and so is not valid and so l ask Newham council to cancel this ticket.
2) I am saying that in the letter I received from the council, I have stated that I was not parked in a bay (Road Markings have faded away), they have said 'Notice was issued because your your vehicle was parked in a Bay' and 'By Parking in this bay '. But like I mentioned, I'm not parked in any disabled Bay. I have clearly stated to them that my vehicle is not in a Bay, they somehow are saying i'm in a disabled bay which makes no sense at all.
