Author Topic: PCN With Blue Badge Displayed  (Read 139 times)

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skydivermel

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PCN With Blue Badge Displayed
« on: July 10, 2024, 07:23:59 pm »
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« Last Edit: July 10, 2024, 07:57:35 pm by skydivermel »

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taffer87

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skydivermel

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Re: PCN With Blue Badge Displayed
« Reply #2 on: July 11, 2024, 10:23:17 am »
Apologies nothing would show up yesterday

I'll upload everything shortly.

Hi,
Thank you for your help.

North Essex Parking Partnership Code 02.

I parked opposite a medical centre I had to attend for a blood test. I've parked there before without any issues. However, on Tuesday I came out of the med centre to find a PCN on the car. I'm currently receiving treatment for lung cancer and find it difficult to walk more than a few meters without getting very breathless. (Hence the blue badge)

On the street I parked in the nearest disabled parking bay is circa 120mts away and I would find that nigh on impossible to walk.
The area I parked is restricted (see photos) but it's the first time I seen these signs.
Is there anything I can do?

Thanks 
Mel.

Google Street Maps: https://maps.app.goo.gl/RUUNRnjDdTEUirCs6
I Parked Opposite Here: https://maps.app.goo.gl/SQ6wjhwunV6Bt3rW9
Link to PCN & Photos: https://www.dropbox.com/scl/fo/v8h6efj7ksrj7pktgjf7y/AFR1NYLvSqlxJvVYoQwnCvc?rlkey=2l3gbdrjam3e4bqoddy6brn7f&st=h0yh30jk&dl=0
« Last Edit: July 11, 2024, 10:31:29 am by skydivermel »

skydivermel

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Re: PCN With Blue Badge Displayed
« Reply #3 on: July 12, 2024, 09:45:51 am »
Apologies nothing would show up yesterday

I'll upload everything shortly.

Hi,
Thank you for your help.

North Essex Parking Partnership Code 02.

I parked opposite a medical centre I had to attend for a blood test. I've parked there before without any issues. However, on Tuesday I came out of the med centre to find a PCN on the car. I'm currently receiving treatment for lung cancer and find it difficult to walk more than a few meters without getting very breathless. (Hence the blue badge)

On the street I parked in the nearest disabled parking bay is circa 120mts away and I would find that nigh on impossible to walk.
The area I parked is restricted (see photos) but it's the first time I seen these signs.
Is there anything I can do?

Thanks 
Mel.

Google Street Maps: https://maps.app.goo.gl/RUUNRnjDdTEUirCs6
I Parked Opposite Here: https://maps.app.goo.gl/SQ6wjhwunV6Bt3rW9
Link to PCN & Photos: https://www.dropbox.com/scl/fo/v8h6efj7ksrj7pktgjf7y/AFR1NYLvSqlxJvVYoQwnCvc?rlkey=2l3gbdrjam3e4bqoddy6brn7f&st=h0yh30jk&dl=0
Anyone?

Enceladus

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Re: PCN With Blue Badge Displayed
« Reply #4 on: July 12, 2024, 01:53:24 pm »
Were you within (all four wheels) the long marked parking bay or beyond the end of it?
« Last Edit: July 12, 2024, 01:56:10 pm by Enceladus »

Pastmybest

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Re: PCN With Blue Badge Displayed
« Reply #5 on: July 12, 2024, 02:10:51 pm »
A restricted parking zone for all intents removes the need to mark the road with DYL this one allows parking in marked bays hence the plate except in marked bays. I could be they mean only loading in marked bays but if so they have done it incorrectly

I would make a challenge to the effect that you were in a marked bay and so no contravention occurred
post your draft here first and we will tidy it up for you

Enceladus

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Re: PCN With Blue Badge Displayed
« Reply #6 on: July 12, 2024, 02:18:52 pm »
Please clarify where exactly you were parked? One of your GSV posted links suggests 20 Manor St, where there is a Disabled bay and your other link suggests opposite the medical centre at 8 Manor St.

However the question still stands, was the car wholly within a marked bay?

H C Andersen

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Re: PCN With Blue Badge Displayed
« Reply #7 on: July 12, 2024, 02:44:18 pm »
To be precise, the exemption is 'in signed bays', not marked bays. Signed as in 'parking place', not 'marked' as in exempted footway parking (in London).

The on-street confusion is that the driver was in a marked bay, but the sign in evidence simply repeats the blanket restriction which is neither necessary nor what a driver would be looking for.

IMO, the TSM makes it clear that where markings exist then there is a presumption that the blanket restriction does not apply. Having been disapplied, other traffic signs, of the form prescribed for parking places should be placed.

IMO, it is NOT permissible to have what are effectively RPZ repeater signs within a bay because they are not traffic signs prescribed for parking places and therefore in the absence of any such signs the markings indicate a bay where the RPZ restriction does not apply and the absence of parking place signs means that parking is permitted 24/7 without payment or other conditions.


Enceladus

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Re: PCN With Blue Badge Displayed
« Reply #8 on: July 12, 2024, 03:00:23 pm »
To be precise, the exemption is 'in signed bays', not marked bays. Signed as in 'parking place', not 'marked' as in exempted footway parking (in London).

The on-street confusion is that the driver was in a marked bay, but the sign in evidence simply repeats the blanket restriction which is neither necessary nor what a driver would be looking for.

IMO, the TSM makes it clear that where markings exist then there is a presumption that the blanket restriction does not apply. Having been disapplied, other traffic signs, of the form prescribed for parking places should be placed.

IMO, it is NOT permissible to have what are effectively RPZ repeater signs within a bay because they are not traffic signs prescribed for parking places and therefore in the absence of any such signs the markings indicate a bay where the RPZ restriction does not apply and the absence of parking place signs means that parking is permitted 24/7 without payment or other conditions.

If the car was parked in a bay. I'm not convinced that the photos show the car in a bay. It might well be outside of the bay, which is why I've asked the OP to clarify where the car was parked.

skydivermel

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Re: PCN With Blue Badge Displayed
« Reply #9 on: July 12, 2024, 05:11:27 pm »
Were you within (all four wheels) the long marked parking bay or beyond the end of it?
Within the bay

skydivermel

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Re: PCN With Blue Badge Displayed
« Reply #10 on: July 12, 2024, 05:17:14 pm »
Please clarify where exactly you were parked? One of your GSV posted links suggests 20 Manor St, where there is a Disabled bay and your other link suggests opposite the medical centre at 8 Manor St.

However the question still stands, was the car wholly within a marked bay?
I was parked here https://maps.app.goo.gl/FeuaZhZsGXfL1kcy6 where the silver car is parked.The RPZ sign is mounted on the pole directly behind the silver car. The disabled bay shown on google maps is the nearest bay to the medical center circa 120mts away.

skydivermel

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Re: PCN With Blue Badge Displayed
« Reply #11 on: July 12, 2024, 05:21:28 pm »
Please clarify where exactly you were parked? One of your GSV posted links suggests 20 Manor St, where there is a Disabled bay and your other link suggests opposite the medical centre at 8 Manor St.

However the question still stands, was the car wholly within a marked bay?
I was parked here https://maps.app.goo.gl/FeuaZhZsGXfL1kcy6 where the silver car is parked.The RPZ sign is mounted on the pole directly behind the silver car. The disabled bay shown on google maps is the nearest bay to the medical center circa 120mts away.
One other thing I've just noticed is that the Google Maps images are May 2024. If you look at the pictures the warden took of my cat the bay markings have been painted out. Must have been done recently. I've parked there before without a ticket.

michael

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Re: PCN With Blue Badge Displayed
« Reply #12 on: July 12, 2024, 05:36:45 pm »
I was parked here https://maps.app.goo.gl/FeuaZhZsGXfL1kcy6 where the silver car is parked.The RPZ sign is mounted on the pole directly behind the silver car. The disabled bay shown on google maps is the nearest bay to the medical center circa 120mts away.


The pcn is code 02, so you have fallen foul of the 'no loading at any time'

Blue badge is not valid there.

skydivermel

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Re: PCN With Blue Badge Displayed
« Reply #13 on: July 12, 2024, 06:22:47 pm »
I was parked here https://maps.app.goo.gl/FeuaZhZsGXfL1kcy6 where the silver car is parked.The RPZ sign is mounted on the pole directly behind the silver car. The disabled bay shown on google maps is the nearest bay to the medical center circa 120mts away.


The pcn is code 02, so you have fallen foul of the 'no loading at any time'

Blue badge is not valid there.
Yeah, I guessed so.