Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Dazzar on February 11, 2026, 09:51:24 am

Title: Re: Double yellow line blue badge
Post by: stamfordman on February 11, 2026, 09:53:58 pm
Can't help without all details.
Title: Re: Double yellow line blue badge
Post by: Dazzar on February 11, 2026, 05:57:32 pm
The issuing council was Ashfird Borough council in kent
Title: Re: Double yellow line blue badge
Post by: stamfordman on February 11, 2026, 05:36:41 pm
So what council, PCN number, car VRM...

Did you read the read this first sticky?
Title: Re: Double yellow line blue badge
Post by: tincombe on February 11, 2026, 12:54:51 pm
The CEO is wrong, the contravention did not occur.

All local orders include a provision which allows a vehicle displaying a BB in the 'relevant position' to park on simple DYL for up to 3 hours. Here are the regs:

https://www.legislation.gov.uk/uksi/2000/683/note/made

Lots of double negatives, in that an exemption from a prohibition is to allow, but that's legalese for you!

Rule 238 v rule 243 of the Highway Code.

238 is a MUST NOT, 243 is a DO NOT.

MUST NOT is prohibitive, DO NOT is advisory - see the Code's section on Wording of the Code.

But be prepared for rejections because they're the creatures that they are.

I was displaying a Blue Badge in the relevant position while parked on a length of double yellow lines in *****. When your CEO issued the PCN they referred to being within 10m of a junction. This is worrying because as a matter of law they were incorrect i.e. Rule 243 of the Highway Code states 'DO NOT stop...opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space.'

As the section of the Code which refers to wording makes absolutely clear, references within the Code described as DO NOT are purely advisory, the actual wording being:

Wording of The Highway Code

Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. See an explanation of the abbreviations.

Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.

It therefore follows that the contravention did not occur and the PCN must be cancelled.

Title: Re: Double yellow line blue badge
Post by: Dazzar on February 11, 2026, 11:51:41 am
On the GSV where the little red car is my wheels were just over the white lines .
Title: Re: Double yellow line blue badge
Post by: Dazzar on February 11, 2026, 11:50:39 am
I think this is GSV
https://www.google.com/maps/place/William+Charles+Hair/@51.068104,0.6869627,3a,90y,184.05h,65.21t/data=!3m7!1e1!3m5!1sw-XPY_7e7LxLxGLytpjkRg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D24.787749545957197%26panoid%3Dw-XPY_7e7LxLxGLytpjkRg%26yaw%3D184.0518475226603!7i13312!8i6656!4m6!3m5!1s0x47df2119f043f5a9:0xbaf0a9ad447b3881!8m2!3d51.0682126!4d0.6868533!16s%2Fg%2F1tscn8nj?entry=ttu&g_ep=EgoyMDI2MDIwOC4wIKXMDSoASAFQAw%3D%3D
Title: Re: Double yellow line blue badge
Post by: Dazzar on February 11, 2026, 11:49:10 am
Not sure I can see how to do this
Title: Re: Double yellow line blue badge
Post by: catnip on February 11, 2026, 11:44:33 am
Perhaps you can post the PCN and the relevant photos plus a Google Street View showing the location so others can review?
Title: Double yellow line blue badge
Post by: Dazzar on February 11, 2026, 09:51:24 am
I got a PCN code 01 for parking on a double yellow line whilst a temporary parking restriction was in place….not true
I arrived got out of my car after displaying my blue badge and 45 seconds later the warden was taking pictures of my car, I saw him and went over he said i was parked within 10 meters of a junction, not true, none along the road, then he said opposite a junction, yes true but further than 10 meters away and also my front wheels were in a bay which was the councils and opposite the junction along with an ignored car doing the same, he claimed he had observed my car for 2 mins, not true I approached him within 30 seconds and my dash camera also disproves this, after I challenged him he had walked of, before returning and placing the ticket whole event 3 mins…..
So can this be done….