Author Topic: Staffordshire council - 01- parked in a disabled bay without displaying badge  (Read 89 times)

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I recieved a parking ticket for contravention parking in a disabled bay without displaying a badge, but in my opinion it’s not clear that this is a disabled bay, as some of the bays on this road have disabled written on this road but the bay I parked in does not, it’s not even as if writing stretches across to my bay and the upright sign is further along next to the bays that does have writing, so why would I think the upright sign applied to every single bay on the road.

1) How should my key arguments be formulated
2) What are my chances at winning a formal appeal for this for the signage not being clear? 

Also posted my own pics so you see the distance councils pic looks a bit distorted/angled to obscure the distance of the upright sign

https://imgpile.com/p/HaVV8jn

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Sorry, but we do ask for some basic info for all threads. So please read this and update your thread accordingly.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Post all of the PCN with no redactions.


OK, so here: -
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It is a bay for disabled badge holders only (Blue Badge), subdivided into 4 spaces for vehicles. The single sign applies to the whole bay, and with no days or times, applies 24x7. If there were spaces for BBs and normal parking in the same bay, there would have been signs for each separate type of bay with double-dashed bay dividers, but there aren't.
Unfortunately, your knowledge of how bays are marked out is not correct, so in my opinion, any representations you submit to the council will be rejected. You do have the right in law to take them to the Traffic Penalty Tribunal where the full PCN penalty will be in play, no discount option. Again, I don't think you'd win there either.

Frankly, I don't think you have a good case, and sorry if this isn't what you wanted to hear. However wait a bit to see what the others say, as I may be wrong.


Post the back of the PCN. We don't see many from Staffs so there may be something.

No council pics online.

The test on the contravention is whether the sign and markings could be misleading. Are there other parking bays near there?


There are three bays on this street, all signed for disabled permit (BB) holders. Here are other views. The bays are all signed in the same way.
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and
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For me, the contravention is made out, and only a technical appeal may succeed if there is one.  It is clear to me that the OP misunderstood the bay markings and the sign. I was puzzled why all the bays are for BB holders, but I drove a bit further in GSV, and found a large car park at the end of the street: -
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OK, so here: -
https://maps.app.goo.gl/BrjdpEtPMDXBwrs96

It is a bay for disabled badge holders only (Blue Badge), subdivided into 4 spaces for vehicles. The single sign applies to the whole bay, and with no days or times, applies 24x7. If there were spaces for BBs and normal parking in the same bay, there would have been signs for each separate type of bay with double-dashed bay dividers, but there aren't.
Unfortunately, your knowledge of how bays are marked out is not correct, so in my opinion, any representations you submit to the council will be rejected. You do have the right in law to take them to the Traffic Penalty Tribunal where the full PCN penalty will be in play, no discount option. Again, I don't think you'd win there either.

Frankly, I don't think you have a good case, and sorry if this isn't what you wanted to hear. However wait a bit to see what the others say, as I may be wrong.

For me I’m not disputing that it’s not a disabled bay as I figured it must be for them to have issued a ticket and also I checked online and saw the traffic order image of the bays , my point is not about whether it’s an official bay and more about whether signage was clear.  Why even have marked individual bays if the restriction applies across the entire area ?

Also surely there is some requirement to have clear signage for restrictions to be enforceable.  Isnt there a criteria or test that needed to have been met ?

Post the back of the PCN. We don't see many from Staffs so there may be something.

No council pics online.

The test on the contravention is whether the sign and markings could be misleading. Are there other parking bays near there?



Yes no council pics online you can’t even make representations online. Very different to London councils (I am not from the midlands area so I’m only familiar with London councils)

From a look online all the bays seem to be disabled bays for some reason but again only some of them actually have disabled written by the bay. The picture I took further up also shows another bay without disabled written then disabled written in the middle

My view is that the signage is clear, but you have the right in law to test the matter at the Traffic Penalty Tribunal.The downside is that the full PCN penalty will be in play. Having said that, do note that there are no additional costs whatever.  Adjudications are by phone or video