Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: mick.carrington@yahoo.com on July 29, 2025, 09:27:41 am

Title: Re: Disabled badge gets parking fine where double yellow kerb markings are worn out
Post by: stamfordman on August 28, 2025, 12:05:21 am
Their pics aren't online I think - email them and ask them to send to you if you haven't already got them. You can forward them to me and I'll post them.
Title: Re: Disabled badge gets parking fine where double yellow kerb markings are worn out
Post by: mick.carrington@yahoo.com on August 27, 2025, 11:19:38 pm
Hi, the letter is exactly the same as the one I posted initially (notice of rejection of informal representation), but the date the fine should be paid has been moved to 9th Sept.

They havent served a notice to owner.

VRN is OU54TKA

Penalty charge notice number VY12404666
Title: Re: Disabled badge gets parking fine where double yellow kerb markings are worn out
Post by: stamfordman on August 27, 2025, 01:46:07 pm
Let's see the letter.

Have they served a notice to owner?

What are the car VRM and PCN number as you've posted stuff we can't read.

To help you we need the details.
Title: Re: Disabled badge gets parking fine where double yellow kerb markings are worn out
Post by: mick.carrington@yahoo.com on August 27, 2025, 01:15:14 pm
An update on the £35 fine for parking on faded kerb markings---have just received an extension of the time required to make the payment of the fine of £35, and has to be paid by 9th Sept this time!! Just wondered if it was common practice to keep sending the same fine letter time after time, and not demanding the increased some of £70--for non payment?? Because I have told them that I will be defending their action?
Title: Re: Disabled badge gets parking fine where double yellow kerb markings are worn out
Post by: mick.carrington@yahoo.com on August 01, 2025, 10:31:55 am
The picture showing the car is the councils picture to me, and the car is in my name. If I thought I was in any way guilty of the offence I would just pay the £35 fine and get on with my life. Im a very thoughtful and careful driver--Ive held a full clean license for 57 years, and Im proud of that fact, and so when I get vicious and unnecessary attack on my driver skills it rubs me up the wrong way.
Title: Re: Disabled badge gets parking fine where double yellow kerb markings are worn out
Post by: H C Andersen on August 01, 2025, 10:23:52 am
'although I cant afford to lose'

And the PCN which for all we know might contain procedural errors?

And the VRM which would give us access to their photos, as opposed to only yours?

And as for 'I think I will have a bash at them', for all we know the matter might be out of your hands.

Are you the registered keeper with current DVLA details? I ask because the next stage after rejected initial reps would be a Notice to Owner to the registered keeper and if this isn't you then your direct involvement has ended.

Title: Re: Disabled badge gets parking fine where double yellow kerb markings are worn out
Post by: mick.carrington@yahoo.com on July 31, 2025, 10:37:11 pm
Thanks chaps --I think I will have a bash at them, Im sure my case is stronger than theirs, although I cant afford to lose!!
Title: Re: Disabled badge gets parking fine where double yellow kerb markings are worn out
Post by: H C Andersen on July 30, 2025, 10:40:57 pm
Pl post the PCN...in focus!
Title: Re: Disabled badge gets parking fine where double yellow kerb markings are worn out
Post by: roythebus on July 30, 2025, 08:29:34 pm
I suggest it's worth the punt, it's the council's responsibility to provide evidence to prove their case, that the markings are clear and legible. Your photos show they are not. They will also have to provide photos of other signs. If they don't then the chances are you win.
Title: Re: Disabled badge gets parking fine where double yellow kerb markings are worn out
Post by: Incandescent on July 30, 2025, 03:02:23 pm
You've received the usual Fob-Off letter from Derby council, because they know, if they reject informal representations, that most people, (>95%), then just cough-up to get the discount. If you want to test the matter, you'd have to wait for the Notice to Owner, submit reps against that, and when inevitably rejected again, register an appeal at the Traffic Penalties Tribunal, where an adjudicator will decide whether the worn out kerb blips are sufficiently clear to convey the restriction.  You'd have to risk the full PCN penalty of course.
Title: Re: Disabled badge gets parking fine where double yellow kerb markings are worn out
Post by: mick.carrington@yahoo.com on July 30, 2025, 02:36:12 pm
As requested some pics. The rejection notice says that the Penalty charge was correctly served as the area was CLEARLY MARKED with double yellow kerb markings! When its quite obvious that the markings werent clear at all.

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Title: Re: Disabled badge gets parking fine where double yellow kerb markings are worn out
Post by: stamfordman on July 29, 2025, 11:16:59 am
Post the PCN, your challenge and their rejection.

Let's see your pictures and theirs if you have them.

And a Maps view.
Title: Disabled badge gets parking fine where double yellow kerb markings are worn out
Post by: mick.carrington@yahoo.com on July 29, 2025, 09:27:41 am

Hello, we take out dogs out weekly to Loughborough Queens park, from Derby. As the usual car park disabled spaces were full up I decided to park on the road adjacent to the park behind cars already parked. I parked sensibly and displayed my badge clearly. When we returned after an hour or so, we had a parking ticket stuck to the windscreen.
I obviously complained to the relevant dept and told them that if I had known that the place I parked was off limits even to disabled badge holders, I would not have parked. But the reply came back stating that as there were kerb markings, I should have known the law pertaining to them.
A few days later I went back to the same spot and had a look at the markings, and saw that they were barely visible --as they had worn out. To be fair, i was unaware that double yellow kerb stripes meant that you couldn't park, and If I had spotted them I may have asked the question. Ive had a disabled badge for quite a few years now and have never had a problem with double yellow parking before
I took a picture of the faded almost invisible double yellow kerb markings, and sent them back to Leicestershire County council (Ms Buckby) and explained why I had parked there and the fact that the markings were invisible
This is the response I got----" Regarding the road markings, road markings MAY FADE over a period however it it not a requirement for the entire length of a waiting restriction to be perfectly maintained"!
So in other words, if you dont spot the lines because they are faded away TOUGH, you will still have to pay the fine.
£35 may seem a paltry sum to a lot of people, but to a pensioner on basic state pension its a lot of money, and even though I stated that in the email to Ms Buckby suggesting that under the circumstances I felt she could waive the fine, she still insisted that I pay the £35.  I have pictures of the faded lines, but at the moment I cant load them as my partner isnt around (Im useless on a computer) Thanks Mick