Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: mottun73 on January 22, 2025, 07:54:33 pm

Title: Re: PCN - Newham - Parked in a resident disabled bay with Blue badge
Post by: Enceladus on February 20, 2025, 03:44:37 am
Well done! Especially since Newham seem to regard genuine Blue Badge holders as easy meat.
Title: Re: PCN - Newham - Parked in a resident disabled bay with Blue badge
Post by: mottun73 on February 19, 2025, 11:01:55 pm
Thanks for the info although I must admit, I do not really understand the details.
All the best!
Title: Re: PCN - Newham - Parked in a resident disabled bay with Blue badge
Post by: cp8759 on February 19, 2025, 10:53:57 pm
Just for future reference, here are:

The Newham (East Village) (Disabled Resident Parking Places) (No. 1) Order 2018 (https://drive.google.com/file/d/1wym-5Q7fbM-YTlABjw6uhj-Ai1Co8BMJ/view)
The Newham (East Village) (Disabled Resident Parking Places) (No. 1, 2018) (Amendment No. 1) Order 2023 (https://drive.google.com/file/d/1F2kJzOAVLusbNyLRm8RtTSDJ0c6VpAr5/view)
The Newham (East Village) (Disabled Resident Parking Places) (No. 1, 2018) (Amendment No. 2) Order 2024 (https://drive.google.com/file/d/1542yfWqteVBy9I_MhYkJjeoiFAUvNZ1k/view)
The Newham (East Village) (Disabled Resident Parking Places) (No. 1, 2018) (Amendment No. 3) Order 2024 (https://drive.google.com/file/d/1Ysj05jM8ioXOzTgN_UbcYRUoxmPglQVU/view)
Title: Re: PCN - Newham - Parked in a resident disabled bay with Blue badge
Post by: mottun73 on February 03, 2025, 10:17:43 pm
Hi @cp8759, just to let you know that they have cancelled the PCN on a discretionary basis as this was the first time and may not do so next time. Will have to be more careful next time. Many thanks for your help!
Title: Re: PCN - Newham - Parked in a resident disabled bay with Blue badge
Post by: mottun73 on January 22, 2025, 10:15:29 pm
Many thanks @cp8759 for your quick response. I will appeal with the information you provided and keep you informed.
Thanks again.
Title: Re: PCN - Newham - Parked in a resident disabled bay with Blue badge
Post by: cp8759 on January 22, 2025, 09:18:33 pm
@mottun73 I'll find out about the traffic order, in the meantime here's a representation for you to send:

Dear London Borough of Newham,

The alleged contravention did not occur, this is because the overall signage did not comply with regulation 18(1) of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996. There is a "DISABLED" legend on the road surface and this clearly indicates that the bay is for disabled badge holders, the regulations do not require any additional signs. I relied on the legend and displayed my blue badge correctly.

There was also a shared use bay sign on the boundary between the bay I was parked in and the next bay, that sign had no directional signs and having seen the disabled legend, I had no reason to look for any other signs.

If the bay is a permit bay, the appropriate legend would be "PERMIT HOLDERS", this would prompt road users to look at the upright sign to determine what type of permit is required.

To put the council's case at its highest, the best that can be said is that the signage was ambiguous; in these circumstances no contravention occurred.

Yours faithfully,


Send this online and take a screenshot of the confirmation page.
Title: PCN - Newham - Parked in a resident disabled bay with Blue badge
Post by: mottun73 on January 22, 2025, 07:54:33 pm
Hi, I parked in a disable bay with blue badge and received a ticket. Upon leaving the car as I looked up I noticed the permit holder and pay and display sign post which is situated in the middle of the two bays hence why I thought it was okay to park there. Only when I returned to the car and after noticing the ticket I looked and saw disabled resident bay sign post in the corner of the bay. The whole street has sign posts situated in the middle of each parking bay but this post is not. Maybe I'm being paranoid but the warden's pictures somehow seem to obscure the pay and display signpost.

The google street view is from Aug 2021 and does not show the new disabled bay https://maps.app.goo.gl/g4GHsD5EVTAnKtdc8.

I'd be very grateful if @cp8759 can take a look as I've read you have dealt with such bays in Newham where the traffic order did not exist or if anyone can help and let me know if I have any grounds to appeal?

I've shared a google drive folder with the PCN, warden pics, mypics.
google drive (https://drive.google.com/drive/folders/1AyFi3ceGalLPRghjBPOv1C7GOGKZ1Dni?usp=drive_link)

If there is anything else I have forgotten please let me know.