Free Traffic Legal Advice

Hello everyone,

My wife is disabled and has a blue badge. Our son is autistic and we alos have a blue badge for him as well. We asked the barking and dagenham council around 10 years back for a disabled bay outside our house and have been parking in there for more than 10 years now without displaying the blue badge. On the 22nd of February, we received a PCN for contravention code 40. I have tried searching for the email where we asked the lbbd council for disabled bay but can't seem to find it but the blue badges were delivered to our address and the car is registered disabled on our address.

I was wondering if you could help us fight this pcn, I'd be most grateful for any guidance on how to challenge the PCN.

Thank you.

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This looks like an unenforceable courtesy bay to me.

OP, is this the car that you usually park there?

IMO, I can't see that this is enforceable for the reasons already set out:

1. Legitimate expectation that parking here without displaying a BB was tolerated by the council, based upon ** years' prior experience;

2. In any event, the bay is not enforceable because it's not underpinned by a traffic order restriction and even if it is it's not marked and signed as required by law.

I would just say:

The alleged contravention did not occur as there is no disabled parking place where we have parked our car for at least 6 years. There is a courtesy sign asking others not to park there but it has no legal standing.

As this PCN was issued in error I look forward to your early confirmation of cancellation. 

If it is only a courtesy bay and it looks like it , anybody can park there even if they don’t have a blue badge , as the markings and your own sign have no legal standing.
So even if your pcn gets cancelled you might be back to where you were 10 years ago when your neighbours were parking there and legally not be able to do anything about it .

Apparently LBBD have a courtesy virtual Blue Badge scheme. So no physical BB required within the home controlled parking zone, provided the car is registered for the scheme. One car only per BB.

Is there a virtual BB registered to your car?

First of all, thank you very much for helping us fight this PCN. You don't know how much we appreaciate your help.

mrmustard, Thank you very much for the offer sir. I have taken all the information from this thread and used the AI to make a draft. If you feel that we have missed out on anything or we need to amend the appeal then please let us know.


Dear Sir/Madam,

I am writing to formally challenge the above Penalty Charge Notice (PCN) on the following grounds:

1. Non-Enforceability of the Bay
The disabled bay in question, installed by the council on my application [insert number of years] years ago, is a courtesy bay. It is marked with “DISABLED” on part of the carriageway and footway; however, it lacks a formal Traffic Management Order (TMO) and the legally required upright signage. As a courtesy bay, it holds no legal enforceability. Therefore, the alleged contravention – for not displaying a Blue Badge – did not occur.

2. Legitimate Expectation Based on Long-Standing Practice
For at least the past 10 years, I have parked my vehicle in this bay without displaying my Blue Badge. Throughout this period, the council has never taken any enforcement action against this practice, creating a legitimate expectation that non-display in this location is tolerated. The issuance of this PCN without prior notice or a change in the established local practice is both unfair and inconsistent with past experience.

3. Inadequate Notice of a Change in Enforcement Policy
I always display my Blue Badge in areas where it is required. However, because this bay has historically been treated as a courtesy bay, I have not found it necessary to display the badge here. Had there been an intention to enforce the requirement for visible display in this bay, proper notification should have been provided to residents. It appears that a change in enforcement policy – potentially due to a new CEO or revised local practices – has not been communicated in advance.

4. Erroneous Evidence Submitted by the Enforcement Officer
I note that the enforcement officer has included a photograph in the PCN evidence which shows a “DISABLED” sign. I wish to clarify that this sign is one that I purchased from eBay for the purpose of politely reminding our neighbours that “NO PARKING, disabled resident need this space at all times.” It is not an official council sign and has no legal standing. The inclusion of this image suggests that the officer may lack proper training or understanding of the official signage used by the council. This erroneous evidence further supports my position that the PCN has been issued in error.

Request for Confirmation
In light of the above points, I respectfully request that you:

Confirm that the bay is classified as a courtesy bay and, as such, is not legally enforceable.
Instruct enforcement officers accordingly to reflect this long-established local practice.
Cancel the PCN as it has been issued erroneously.
I appreciate the benefit this bay provides to my family and me and would welcome confirmation as to whether the council has amended its enforcement policy. In the meantime, I shall display my Blue Badge when parking at this location, although I maintain that this PCN is invalid given the circumstances.

Thank you for your prompt attention to this matter. I look forward to receiving your confirmation of cancellation.

Yours faithfully,


What do you guys think?

Once again, thank you very much for your help. <3