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cp8759 is, indeed, a Wizard of the First Order
The EA contends in its Case Summary that in any event Blue Badge holders are not exempt from the restrictions at the location.The EA relies, in its Case Summary, on the relevant Traffic Management Order. However, I have not been provided with a copy of this Order. The EA has provided what appears to be part of the Order, namely the map tile upon which it relies. This shows some, but not all of "Heathway" where the vehicle was parked. The map is annotated and purports to show the various restrictions on Heathway. The top section of Heathway is not shown. It is contended on behalf of the Appellant that the vehicle was parked on Heathway, on the northernmost part of the carriageway. This is not shown on the map tile. There appear to be no restrictions on Heathway which reflect the restrictions set out on the signage at the location, namely, parking between Mon-Sat, 8.30pm - 5.30pm, 1 hour, No return within 2 hours. The only annotated reference to such restrictions appear on a road which transects Heathway at the bottom of the page. I cannot make any determination whether this road is also part of Heathway.I cannot be satisfied therefore that the signage at the location accurately reflects the restrictions at the location as set out in the relevant Traffic Management Order. Nor can I make any determination as to whether Blue Badge parking is or is not prohibited at the location.I must therefore allow this appeal. Accordingly I do not make any determinations as to the remaining matters set out on the Appellant's behalf.
