Here is my challenge. If you could advise me if it is okay please.
Many thanks in advance.
PCN No. AF 08260007
Reg. No. T9ADS
I wish to challenge the PCN and request that it is cancelled.
That I was parked on a single yellow line displaying a valid disabled badge in the prescribed position as required is not at issue. I was also parked with two wheels on the kerb. The CEO issued the PCN because their interpretation of the disapplication of the footway parking prohibition was that this applied only in the times given in the no waiting sign i.e. at other times. My interpretation was different.
The parking restriction sign shows that parking is restricted Monday to Saturday 8-30am to 6-30 pm. I believe that in law that as I was exempt from the parking restrictions in any event , that footway parking was permitted for an exempted motorist at all times or for an exempted purpose e.g. loading. In addition I cannot believe that it is the council’s intention to force an exempted motorist to park wholly on the carriage way at a location where the existence of a relaxed footway parking policy shows a traffic management concern because of the width of the carriageway and the available space.
I therefore carried out some research on the policy and restrictions and found what appears to be a straightforward policy which is that footway parking has been disapplied 24/7 in this road and others. The council were advised and haven’t made the mistake of thinking that lifting of the prohibition permits parking 24/7, it doesn’t. It only allows otherwise permitted parking 24/7 e.g. in the case of a part time waiting restriction waiting on the footway outside of the restricted hours other than for exempted persons or purposes. It follows that it is not the underlying policy that is at fault, it is the officers’ misinterpretation. The CEO who issued this PCN seems to have interpreted the disapplication of the footway parking prohibition as applying solely outside the hours of the no waiting sign. However as a blue badge holder I am legally exempt from the waiting restriction at all times. Consequently the exemption should extend to footway parking as well, thereby permitting me to park with two wheels on the footway at all times. Legally once an exemption from the waiting restriction is established it follows that footway parking should be permitted at all times for those exempted, including Blue Badge holders and those engaged in exempted activities such as loading. Research into the council’s policy shows that it is evident that prohibition of footway parking has been expressly disapplied on this road and on others.
I would also like to draw to your attention the precedent set in the London Tribunals case reference 2190057621 where the adjudicator states .”the local authority may face wasted costs order in the future if they continue to issue PCNs for footway parking to Disabled Badge holders”
In the light of this I respectfully request that the PCN be reviewed and cancelled.
