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.
Any suggestions? I have to submit something by Monday.Your wife is the BB holder, who is the registered keeper of the car? Was she in the car when it was parked or was it parked to collect her?
Was a normal BB displayed;
Does the OP or their wife hold a courtesy(albeit virtual) BB;
If so, to what specific vehicle is it linked;
Is this the same vehicle as was issued with the PCN;
Perhaps the acid test as raised by others, does the mere fact that a CBB is held and which allows parking for a nominated vehicle in the specified CPZ allow the driver to presume its display when parked in other bays which would permit unlimited* parking were a BB to be displayed even when not parked in that CPZ?
*-it has to be unlimited because a VBB without a clock doesn't meet the BB requirements.
OP, pl answer 1-4 above, 5 is for discussion I would suggest.
Any suggestions? I have to submit something by Monday.
Barking has 'form' for this. See -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/barking-and-dagenham-53j-entering-a-pedestrian-zone-spurling-road-(dagenham)/msg11462/#msg11462
Indeed. Serendipity. Thanks for reminding me. Naughty naughty!
Note that this is not a parking case, so unlike the other thread, this letter does not amount to a procedural impropriety. . . .
There is no law that says they can't send that letter, not under the 2003 Act at least.
Barking has 'form' for this. See -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/barking-and-dagenham-53j-entering-a-pedestrian-zone-spurling-road-(dagenham)/msg11462/#msg11462
The council are wrong they must allow an exemption for vehicles displaying a BB
Exemption from prohibitions on waiting beyond a specified time
7.—(1) This regulation applies to an order made under section 1, 6, 9, 35, 45 or 46 of the 1984 Act if–
(a)the order includes a provision prohibiting the waiting of vehicles or vehicles of any class in a road either–
(i)beyond a specified period; or
(ii)where less than a specified period has elapsed since a previous period of waiting by the same vehicle in that road, and
(b)the prohibition does not apply to all vehicles except disabled persons' vehicles.
(2) An order to which this regulation applies shall include an exemption from the prohibition in favour of any vehicle displaying a disabled person’s badge in the relevant position.
We parked in a residential bay marked HW...No you didn't:
People shold not get tied up with the virtual BB vs physical one For if the council operate a scheme that really only has one purpose, to prevent theft, then providing you have a registered virtual BB that must be taken as a BB on display then providing you are entitled to park in the bay then no time limit. If in a bay you are not entitled to park in then it will come down to the markingsDagenham are sparse with info on their virtual badge scheme, ie where you can use.
Hmm. I see the issue now. It looks like I was parked next to both signs but closer towards the one that is not a residential.
To be honest I never realised there were separate parking conditions for that little strip - in google maps you can see the bays are separated but the dotted line that is supposed to separate them is barely visible. However that line doesn't exist at this moment in time (I think), so it looks like one big bay for 4 cars.
doesn't matter re the bays as the time limit does not apply to BB holders due to the exemption for disabled persons act
However, OP states they were relying on the virtual BB (presumably because they were under the impression they were in the applicable resident bay?) and evidence photos from the PCN show the physical blue badge wasn't on display, which is what has thrown a spanner in the works, I think.
doesn't matter re the bays as the time limit does not apply to BB holders due to the exemption for disabled persons act
The veterans will be along to help more, I'm sure, but since I'm familiar with the area I'll weigh in here. There are a couple of bays right up by the corner of the Heathway that aren't actually HW permit bays, they're 1 hour short-stay bays. GSV below:
https://maps.app.goo.gl/NPpsjtxzosaG7PXD7?g_st=ic
doesn't matter re the bays as the time limit does not apply to BB holders due to the exemption for disabled persons act
For reference, I believe virtual BBs are something LBBD does to stop BB holders having to pay for a CPZ permit when the BB entitles them to park without one, but also avoids you having to leave your BB in your car for extended periods (e.g., overnight) and risk having your car broken into and BB nicked. The virtual BBs replace the paid residents permit but are only valid for your CPZ.