Author Topic: Southwark, 87 - parked in disabled bay without displaying blue badge, Lawson Estate  (Read 611 times)

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Hello
I have just now come across this forum so I have unfortunately already contacted the council so please let me know if there’s anything I can do from this point.

I have a permit for my estate but there’s construction going on which has taken up 4 parking spots, making it very hard to find parking.
I cannot park outside of my estate without getting charged so I was left with the only choice to park in the disabled bay due to no other spaces being free.
I got a PCN and contacted them explaining that I had no choice but to park there due to the ongoing construction, providing photos.

The responded saying the following :
https://imgur.com/a/2fErrys

I have also added the photo of the construction taking place which I sent to the council.

I am very tight for money right now so I would appreciate any advice for the best course of action; either paying the 50% within the next 10 days or further action.
Thanks for the help.

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Post the PCN with no redactions.

Is there a car park terms board and of so post a picture of it.

Post the PCN with no redactions.

Is there a car park terms board and of so post a picture of it.

I wasn't home the day I got it and when I came back nothing was on my car so I was unaware I even had a PCN, it was only when my neighboor asked me if I sorted it as they saw it on my car briefly I relised and had to get it contact with the council. So the only PCN I have is the online version (I attached screenshots).

There is no car park terms board but a sign that says permit holders only which I am (attached photo ).
https://imgur.com/a/yUe0AqP

This is the street view link for the exact car park.
https://maps.app.goo.gl/cfdzisRg9dNZCRMD9

An off-street car park should have a terms board telling you what to do and when you can get a PCN. have you checked the entrances to the estate as it looks like quite a large area. Some of the estate has road names as well so Lawson Estate is rather vague.

Also, those disabled bays are not signed and could be seen as advisory.

I can't see any tribunal cases here.

See what others say but this could be worth going on with with the right representations.
« Last Edit: January 14, 2025, 08:00:12 pm by stamfordman »

Hi,

@cp8759
Is there any other advice anyone provide me. Is it worth it me waiting to get a notice to owner form and formally complaining or should I pay the reduced amount by tonight (its going to be 14 days since they sent the letter on the 24.01)

Answering the questions from before - I looked and didn't see any boards advising me what to do with PCNs

And just to add - from what I can tell from reading online after @stamfordman kindly pointed it out, the disabled bay needs to have a sign as well as the painted white marking. Is this good enough grounds to wait till receiving the Notice to owner?

Any guidance would be really appreciated - thanks for the help so far.
« Last Edit: January 23, 2025, 07:59:09 pm by CKlatica »

@CKlatica definately don't pay, Southwark's estate PCNs are quite easy to beat nowadays.
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

OP, the marking is nonsense.

It is not lawful to place the 'wheelchair' symbol on the public highway, therefore, despite there not being any signs to this effect, the land is private. The fact that Southwark paint parking bays on their land is their business, but it doesn't give rise to parking contraventions enforceable under the Traffic Management Act, which is what's happening here.

So-called 'traffic' signs(a term defined in law) are irrelevant because they only apply on-street, unless the landowner has erected clear notice(s) to the effect that this is private land (quoting the relevant order and landowner) and that such and such conditions apply, bays reserved for specific use are marked as follows and failure to comply with any restriction or requirement may lead to....

So, where is this sign(s)?