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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Cam2025 on May 19, 2025, 04:02:27 pm

Title: Re: Ealing council code 40 - parking in disabled bay
Post by: stamfordman on May 19, 2025, 05:33:40 pm
Yes, the requirement for upright signs (or instead less commonly road legends) has gone but clearly the council intend for the sign to be there as in the past a bay without a sign could be advisory only.

The bay does need to meet certain dimensions to be a disabled bay.

An order for the bay looks to have been made fairly recently in 2022 if this is outside no 73:

https://www.thegazette.co.uk/notice/4022475
Title: Re: Ealing council code 40 - parking in disabled bay
Post by: Pastmybest on May 19, 2025, 04:55:20 pm
Unfortunately the council are correct and the road markings alone suffice in this case, where the restriction is the same all the time.

It would be a separate fight you would need to take up with your councillor if the reason the bay was installed in the first place has changed and it is no longer required. but absent any procedural failings by the council ( perhaps the traffic management order being flawed or the make a mess of the response to your formal representations) you do not have a case I would recommend taking to adjudication
Title: Ealing council code 40 - parking in disabled bay
Post by: Cam2025 on May 19, 2025, 04:02:27 pm
Hi all,
I recently received a PCN for parking outside my residence in a disabled bay. The issue is, there’s no upright sign in place anymore, just a bare post where one used to be. The bay was originally installed for my neighbour, who no longer uses it, and it now sits vacant pretty much all the time.

To be clear, no disabled drivers use this bay anymore, there are never any Blue Badge vehicles parked there, and it’s essentially been left unused for quite a while. Parking on our road is already really limited, and this bay takes up space for about two cars. So when there’s no other option, I sometimes park there.

I appealed the PCN on the grounds that the required signage isn’t in place, specifically, that the signpost is empty and there’s no clear indication of any restriction. However, the council rejected my appeal, saying that the road markings and the disabled bay cutout alone were sufficient.

I’m trying to understand whether this is actually enforceable without proper upright signage. It feels unfair to enforce a restriction that isn’t clearly marked, especially when the bay no longer serves any practical purpose.

I’m more than willing to pay the fine if I’m genuinely in the wrong, but I don’t want to hand over money if I have a valid argument. Any insight or advice would be much appreciated, thanks!

So this is the ticket recieved

https://imgur.com/tOaUiXc

1st link below is the post currently with no sign, and the second is what it used to be when it had a post

https://imgur.com/qitBw4W

https://imgur.com/PwGWSk5

Below links are of communication from them rejecting my appeal (as you can see the ticket inspector conveniently missed out the empty post)



https://imgur.com/ytNdwZq