Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ahsan on August 04, 2025, 10:48:32 pm
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That's good. I do think it's not good enough to use a general disabled road legend in these permit bays. They should dispense with the word disabled if that's allowed and just put permit no xxxx.
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@stamfordman thanks for your contribution.
Barnet council requested the front and back of the blue badge.
Today I received letter they have cancelled the PCN on desecration basis not on the other basis of other pointsin our original appeal.
Thanks.
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Sorry I was away for a couple of days. Your challenge is rather long and as I said the missing wheelchair symbol is common and may in fact be best if they want to enforce a code 16 permit contravention - it's the road legend that's defective in my view.
Anyway let's see what they come back with.
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I've gone ahead and appealed with the draft I posted, fingers crossed they accept it.
Thanks for the help will let you know with the outcome.
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@stamfordman can you please review and suggest any changes you think could help us win the challenge?
Thanks in advance.
=====================================================================================Appeal draft
Formal Challenge to Penalty Charge Notice (PCN): AG49389158
Vehicle Registration Number: LK11KNP
Date of Contravention: 01/08/2025
Dear Sir or Madam,
I am writing to formally challenge the above-referenced Penalty Charge Notice (PCN) issued to my vehicle. The stated contravention is "Parked in a permit space or zone without a valid virtual permit or clearly displaying a valid physical permit where required (dedicated disabled bay)".
I request that the PCN be cancelled on two grounds. Firstly, I appeal for the council to exercise its discretion based on the mitigating circumstances. Secondly, I formally contend that the contravention did not occur due to inadequate and non-compliant signage and road markings, which failed to give proper notice of the specific restriction.
1. Grounds for Discretionary Cancellation
I am a registered Blue Badge holder (Badge No: [Blue Badge Number]), and at the time of the alleged contravention, I was attending a crucial appointment at the nearby Edgware Community Hospital.
I parked in the bay in good faith, genuinely believing it was a standard disabled bay available for use by any Blue Badge holder. My sole intention was to attend my medical appointment (proof of appointment available), a protected activity for which the Blue Badge scheme is designed to facilitate.
Given that I am a valid badge holder and was using the bay for its intended purpose of accessing a vital health service, I believe it would be fair and reasonable for the council to exercise its discretion and cancel the notice on this basis alone.
2. Formal Challenge: Inadequate Signage and Road Markings
Beyond the significant mitigating circumstances, I contend that the PCN is unenforceable due to the following defects in the signage and road markings.
a) Non-Compliant and Ambiguous Upright Signage
For a parking bay to be lawfully reserved for a specific permit holder, the restriction must be conveyed by signage that is clear, unambiguous, and compliant with the Traffic Signs Regulations and General Directions (TSRGD) 2016.
The sign provided in this instance was deficient for two key reasons:
Absence of the Wheelchair Symbol: The upright sign lacked the universally recognized wheelchair symbol (as prescribed in the TSRGD, e.g., diagram 661A). The purpose of this pictogram is to provide an immediate and clear indication of the nature of the bay. Its absence creates significant ambiguity. A reasonable driver, particularly a Blue Badge holder, would not necessarily conclude that a bay without this symbol is a dedicated disabled bay. This omission constitutes a failure to adequately inform the motorist of the specific restriction.
Inconspicuous Placement: The sign was positioned unusually low to the ground. The Traffic Signs Manual stipulates that signs must be placed so they are conspicuous and can be easily seen and read by drivers. A sign that is not clearly visible fails in its primary function to provide adequate notice of a restriction, and therefore, the restriction cannot be held to be properly signed.
b) Insufficient Road Markings (Legend)
The road legend, which stated only the word "DISABLED", is insufficient to give notice of a dedicated, permit-only bay. This marking is commonly used for general disabled bays available to all Blue Badge holders.
To enforce a restriction as specific as a bay reserved for a single resident or permit holder, the markings themselves must contribute to removing ambiguity. A driver must be put on clear notice of the precise nature of the bay. The simple "DISABLED" legend does not achieve this. It is arguable that for such a specific restriction to be enforceable, the road legend should also include the bay's dedicated permit number to alert the driver that it is not a general-use bay.
Conclusion:
In summary, I parked in good faith as a Blue Badge holder to attend a hospital appointment. More formally, the upright sign and road markings failed to adequately and lawfully convey the specific nature of the parking restriction. The combination of the missing wheelchair symbol, the sign's low placement, and the generic road legend created ambiguity, meaning the contravention, as described, did not occur.
Given these points, I respectfully request that the PCN be cancelled.
I look forward to your response.
Yours faithfully,
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In the first challenge just a simple ask for discretion but pointing out shortcomings of markings/sign is best.
Post a draft and I'll tweak it.
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that's helpful... @stamfordman the images of regulations you added in your first response where did you get them from e.g. height of pole, disabled icon should be on the board.
Can you please share the source URL then Ill put that in my appeal text as well?
Thanks.
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This could be a relevant case but it was Camden.
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Case reference 2240581872
Appellant Ahmad Saqib
Authority London Borough of Camden
VRM GX21PZH
PCN Details
PCN CU68286053
Contravention date 13 Sep 2024
Contravention time 12:33:00
Contravention location Laxton Place
Penalty amount GBP 130.00
Contravention Parked in permit space without a valid permit
Referral date -
Decision Date 05 Mar 2025
Adjudicator Sean Stanton-Dunne
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons Mr Saqib attended the hearing on 11 February 2025 by telephone. Mrs Fee Cummins attended on behalf of the Council, also by telephone.
I said to Mr Saqib and Mrs Cummins at the conclusion of the hearing that I was refusing the appeal on the basis that I was satisfied that the signage in place for this designated disabled parking place was adequate. The sign and road marking state "Disabled Badge Holder only 190". Whilst I accepted that Mr Saqib read the sign as being parking for disabled badge holders, the sign says badge holder in the single and has a designated number. I was satisfied that this conveyed that parking was for a specific badge holder only. Mrs Cummins made the point that this is a blue badge bay for parking by a vehicle with an allocated number.
Having refused the appeal, the discussion about badge holders caused me to revisit the PCN and it appeared to me that the PCN was issued for the incorrect contravention. It was issued for the alleged contravention of being parked in a permit space or zone without a valid virtual permit or clearly displaying a valid physical permit. As far as I was aware, a blue badge is not a permit and this was not a permit space. It is a space for a blue badge holder with an allocated number, as Mrs Cummins herself said. It seemed to me that this was a code 40 contravention of parking in a disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner.
I therefore stood the appeal down to give the Council the opportunity to make further submissions before reaching a final decision.
The Council maintains that the PCN was correctly issued under contravention
16, as the vehicle was parked without a valid permit for the dedicated disabled bay it was parked within. Mrs Cummins says that dedicated disabled bay users are issued with a specific permit which is required to be displayed within the vehicle and a copy of this is provided together with the correspondence issued.
It is, however, clear from the correspondence submitted that the allocated disabled bay user is issued with a dedicated disabled badge and not with a permit. The correspondence expressly refers to the badge without a single reference to a permit. I am satisfied that this was a code 40 contravention of being parked without displaying a valid disabled person's badge, in this case the dedicated badge. The appeal is, therefore, allowed.
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Another case.
Case reference 225020229A
Appellant Said Shehadeh
Authority London Borough of Hounslow
VRM LM71PKN
PCN Details
PCN NJ41493116
Contravention date 03 Jan 2025
Contravention time 16:23:00
Contravention location Clifden Road
Penalty amount GBP 130.00
Contravention Parked in permit space without a valid permit
Referral date -
Decision Date 09 Jul 2025
Adjudicator Anju Kaler
Appeal decision Appeal refused with recommendation
Direction Full penalty charge notice amount stated to be paid within 28 days.
Reasons This appeal was conducted by videolink. The Appellant and Mr Bizarri joined the Hearing. There was no representation by the Enforcement authority.
The agreed facts are that the vehicle was at the stated location and a Penalty Charge Notice was issued. The vehicle was parked as shown in the Civil Enforcement Officer’s photographs. The Appellant has a disabled badge that was displayed but he was parked in a bay that was designated for permit holder D1O1 only.
The Appellant was visiting his son in law, Mr Bizarri, and he was not familiar with the street. He did not realise that disabled bays could be designated for individuals when he parked.
The first point raised by the appellant is that the Authority has issued a Penalty Charge Notice using the wrong Penalty Charge Notice code; parking in a permit space or zone without a valid permit (Code 16). Code 40 should be used. This says “parking in a designated disabled persons parking place without displaying a valid disabled person’s badge in the prescribed manner.”
The Authority says, “I note your comments regarding displaying a disabled badge however, the bay you had parked in was reserved for a disabled badge holder with a permit for that place and therefore, the PCN has been issued correctly.”
I find that either code could have been used in the circumstances of this case. The bay is question was a bay reserved for a permit holder (a designated disabled badge is a permit) and so Code 16 also encompasses the contravention.
The Authority is entitled to have disabled bays specifically dedicated for a particular user.
I do however find the circumstances of this case compelling. The Appellant is clearly disabled and has mobility problems requiring him to park close to where he needs to go. He has a disabled badge that was properly displayed. He had never before come across the concept of dedicated bays and so this was a simple and honest mistake. He has now learnt a lesson the hard way.
In the circumstances, I ask the Authority to exercise their discretionary powers and not enforce payment.
Recommendation cancel the Notice to Owner.
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@stamfordman, thanks for the replies much appreciated, would you be able to help draft the appeal?
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Just to add to this.
The absence of the wheelchair symbol seems to be common in dedicated disabled bay signs.
The contravention is for parking in a permit bay (code 16) with suffix for a dedicated disabled bay.
In my view it is not good enough for the road legend to just say disabled - it should spell out this is a permit bay only available to one person.
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There's no guidance on the word resident in the traffic signs manual but I think the sign must have the disabled symbol so it is not compliant.
Also given its position low down I think the road legend also needs to have the guidance of the dedicated disabled number to put you on notice it isn't a general bay.
(https://i.ibb.co/3mrjhVPg/Screenshot-2025-08-04-at-23-33-59.png)
(https://i.ibb.co/fGn5Bjpf/Screenshot-2025-08-04-at-23-33-38.png)
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(https://i.ibb.co/jkhvqhm6/Screenshot-2025-08-04-at-23-02-09.png)
(https://i.ibb.co/GvkGQvQ0/Screenshot-2025-08-04-at-23-01-27.png)
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Hi Wizards,
I hope you all are well.
Contravention: Parked in a permit space or zone without a valid virtual permit or clearly displaying a valid physical permit where required (dedicated disabled bay)
We went for my wife's hospital appointment and parked on the road near the hospital (evidence of appointment available).
We parked in the disabled bay, we have a disabled badge which is awarded to my wife.
The disabled bay sign read "Disabled permit holder 126 only at all time", luckily when I came back from appointment the warden was still there and I asked him the reason and he said it's a disabled resident bay that's why we gave you ticket. In most areas in London all resident bays read "Disabled resident permit holders only". I never saw a resident disabled bay without the word resident instead code 126 only. If the sign without the word resident could still mean it's resident only bay then it's quiet misleading.
Ticket:
Front: https://drive.google.com/file/d/1M3nDU5Fi1rp1Hb6K7w2L2qW3ShzVrC0w/view?usp=drive_link
Back: https://drive.google.com/file/d/1If3_3EPsUZX6ne6JJV9h5DtGrHDqAJfj/view?usp=drive_link
Disabled sign at the spot: https://drive.google.com/file/d/12lh0fA74FLW52qbiglKBDXpdbC3je01K/view?usp=drive_link
GSV:
https://tinyurl.com/2kb9t4k8
Barnet council URL to view ticket:
https://barnetocm.itsvc.co.uk/
PCN: AG49389158
VRM: LK11KNP
*Images load slowly
Can something be done to avoid this ticket?
Thanks in advance.