3. London Borough of Newham Code 165
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Author Topic: London Borough of Newham Code 165  (Read 1436 times)

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Re: London Borough of Newham Code 165
« Reply #15 on: »
All done!


Thanks

Let's wait for their response...


Hashim
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Re: London Borough of Newham Code 165
« Reply #16 on: »
I can't find any authority for the use of the 'DISABLED' road marking with a permit holder traffic sign. Does anyone know of one?

IMO, the road marking is only permissible if the bay is reserved for disabled badge holders, not disabled permit holders.
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Re: London Borough of Newham Code 165
« Reply #17 on: »
Quote from: H C Andersen on January 23, 2025, 02:03:03 pm
I can't find any authority for the use of the 'DISABLED' road marking with a permit holder traffic sign. Does anyone know of one?

IMO, the road marking is only permissible if the bay is reserved for disabled badge holders, not disabled permit holders.

Isn't that exactly the point that we've made in the representations?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: London Borough of Newham Code 165
« Reply #18 on: »
Quote from: cp8759 on January 23, 2025, 08:26:02 pm
Quote from: H C Andersen on January 23, 2025, 02:03:03 pm
I can't find any authority for the use of the 'DISABLED' road marking with a permit holder traffic sign. Does anyone know of one?

IMO, the road marking is only permissible if the bay is reserved for disabled badge holders, not disabled permit holders.

Isn't that exactly the point that we've made in the representations?
@cp8759, @H C Andersen Well done for having a go. And I really hope that you help the OP prevail.

This sign has been a bone of contention for years on PePiPoo with minimal success at Adjudication. I can't find a copy of the authorisation for the sign but I (vaguely) recall that there is one. It might pre-date the DFT making the authorisations available online. I hope I'm mistaken

@H C Andersen. There is also an authorisation from the DfT to reduce the size of the bays.
« Last Edit: January 23, 2025, 09:03:44 pm by Enceladus »
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Re: London Borough of Newham Code 165
« Reply #19 on: »
There have been various permutations of this issue. In this case, a BB holder parked in a bay showing the road marking DISABLED and displayed their BB as required.

They're being penalised because they're not a permit holder of the type specified in the sign.

We've seen BB holders penalised because they parked thinking that the term 'disabled permit holder' applied to them and they've lost at adjudication. But here a blue badge holder parked because the bay was marked with a term which applies ONLY to BB holders and has no relevance to 'disabled permit holders'.


IMO, this has nothing to do with the upright traffic sign, it's the road marking.
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Re: London Borough of Newham Code 165
« Reply #20 on: »
Good morning.

Received a response today from the council that they will cancel the PCN on a discretionary grounds even though it was issued correctly.

Thanks guys- another win for the motorist...
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Re: London Borough of Newham Code 165
« Reply #21 on: »
Quote from: Hashim on February 10, 2025, 03:04:51 am
Good morning.

Received a response today from the council that they will cancel the PCN on a discretionary grounds even though it was issued correctly.

Thanks guys- another win for the motorist...
Well done !
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Re: London Borough of Newham Code 165
« Reply #22 on: »
Quote from: Hashim on February 10, 2025, 03:04:51 am
Good morning.

Received a response today from the council that they will cancel the PCN on a discretionary grounds even though it was issued correctly.

Thanks guys- another win for the motorist...
Yes, well done! Always have a go.
I suspect that Newham didn't want to lose this at Adjudication. The arrangement they have for bays for disabled resident permit holders restricted by zone seems to be unique to Newham.
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Re: London Borough of Newham Code 165
« Reply #23 on: »
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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  3. London Borough of Newham Code 165