DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 14754--------------------------------------------------
Nehwam - PN37090585 - Parked on a Residents Disabled Parking Bay
without a valid permit.
DIR By: TB
Date: February 1, 2024, 6:58 am
---------------------------------------------------------
Hi
This is the first time posting on the group, please let me know
if you need further information.
Received a Notice to Owner letter a few days ago (no ticket on
windscreen) A Blue Badge and Clock were displayed.
As posted on the Free Traffic Legal Advice - Penalty Charge
Notice advice group on Facebook group I was advised to come on
here for further support and opinions.
Misread the sign and parked on a resident disabled space. Is
there a possible argument against this PCN because the sign
displays the disabled symbol, which is misleading to BB holders.
If it's not possible to contest can we get the PCN reverted back
to the original fine?
Thank you for your time.
[attachment deleted by admin]
#Post#: 14766--------------------------------------------------
Re: Nehwam - PN37090585 - Parked on a Residents Disabled Parking
Bay without a valid permit.
DIR By: fraser.mitchell
Date: February 1, 2024, 9:11 am
---------------------------------------------------------
If the sign is clear, then I don't think your get the PCN
cancelled, but if you submit representations stating the NtO is
the first you knew of the alleged offence, so you have not had
the opportunity to pay at the discount, they may well re-offer
it.
#Post#: 14797--------------------------------------------------
Re: Nehwam - PN37090585 - Parked on a Residents Disabled Parking
Bay without a valid permit.
DIR By: ivanleo
Date: February 1, 2024, 4:39 pm
---------------------------------------------------------
I'm not so pessimistic, we see plenty of cancellations for blue
badge holders.
[member=1215]TB[/member] have you had a PCN cancelled by Newham
before? And how long have you had a blue badge?
Also, please give us a link to the exact spot on google street
view, we might as well check the traffic order.
#Post#: 14843--------------------------------------------------
Re: Nehwam - PN37090585 - Parked on a Residents Disabled Parking
Bay without a valid permit.
DIR By: TB
Date: February 2, 2024, 6:13 am
---------------------------------------------------------
Hi
This is the street view -
HTML https://maps.app.goo.gl/eBNRx4P5N1Rizz7b8
Have had the blue badge for a number of years - at least 2+ -
don't know the exact date I'm afraid.
Are you able to see the photos that I have uploaded? Now that
I've had a look at the street view I can't tell if the car was
parked on the Resident Disabled space or just behind it which
there is another sign for.
Many Thanks
#Post#: 14912--------------------------------------------------
Re: Nehwam - PN37090585 - Parked on a Residents Disabled Parking
Bay without a valid permit.
DIR By: ivanleo
Date: February 3, 2024, 12:47 pm
---------------------------------------------------------
Sorry if this is an obvious question, but do you have a Newham
residents' permit?
If not, I think the best strategy is the one outlined here
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/city-of-edinburgh-02-parked-in-a-restricted-street-lochrin-buildings-gilmour-pla/,<br
/>and the obvious supporting document to supply is the blue
badge
itself.
If you send me both sides in a PM, I can set up the links with a
click counter for you.
#Post#: 14967--------------------------------------------------
Re: Nehwam - PN37090585 - Parked on a Residents Disabled Parking
Bay without a valid permit.
DIR By: TB
Date: February 4, 2024, 8:22 am
---------------------------------------------------------
Hi
No resident parking permit, just use the blue badge.
I'm new to this site and have no idea how to direct message you?
- sorry. Do you want photos of both sides of the Notice to Owner
letter?
Many Thanks
#Post#: 14979--------------------------------------------------
Re: Nehwam - PN37090585 - Parked on a Residents Disabled Parking
Bay without a valid permit.
DIR By: H C Andersen
Date: February 4, 2024, 10:20 am
---------------------------------------------------------
IMO, the contravention did not occur.
The parking bay is situated on the footway but doesn't carry the
mandatory footway parking icon;
In any event, you cannot have a parking bay adjacent to DYL;
The display of a BB was therefore proper as regards parking on a
waiting restriction.
When I approached, the very odd layout of signs and markings
confused me.
The authority will see that the word DISABLED is marked on the
road, however there is no reference to the 'BB' logo on the
sign. The alleged contravention is being parked in a permit
space and the marking 'DISABLED' is not permitted in these
circumstances, this is reserved as follows:
Where the bay is reserved for an individual disabled badge
holder, an alphanumeric identifier, with or without the word
“ONLY” may be added after “DISABLED”.
This bay is not reserved for an individual disabled badge
holder, it appears to be reserved for the holder(s) of 'Permit
S'. For these purposes it is irrelevant that the qualifying
conditions imposed by the council to qualify for such a permit
might include holding a BB, the restriction imposed and the
alleged contravention relate to permits, not Blue Badges and
therefore the placing of the road marking 'DISABLED' is not only
not permitted, it is confusing.
And to add further confusion, the council have marked the
carriageway adjacent to this bay and for its entire length with
another improper sign i.e. simple DYL. It is improper to mark a
carriageway in this manner adjacent to a parking bay.
You will therefore see that the use of DISABLED causes confusion
because it is inappropriate for the restriction stated in the
traffic sign and, additionally, the DYL totally conflict with
the presence of a lawful parking bay in the first place. It is
not the motorist's task to guess which, if either, applies.
I acted upon the 'DISABLED' road marking and DYL and displayed
my BB as required, I therefore expect the PCN to be cancelled.
Just some thoughts offered for comment.
Legal references can be added later depending on the final shape
of the reps.
#Post#: 16850--------------------------------------------------
Re: Nehwam - PN37090585 - Parked on a Residents Disabled Parking
Bay without a valid permit.
DIR By: ivanleo
Date: March 5, 2024, 12:05 pm
---------------------------------------------------------
[member=1215]TB[/member] did you challenge the Notice to Owner
as the Notice to Owner tell you you must?
The amount due on the council website is £195 which suggests
you've done nothing and a charge certificate has been issued, I
hope you'll be able to tell me I'm wrong about that. If not,
you've lost the right to appeal and all you can do is pay.
Where the notice to owner says you must pay or challenge within
the 28 day period stated, the word must really means must. H C
Andersen gave you some wording you could have used.
To send a PM all you need to do is click on my username to the
left of each post and then click "Send PM" on my profile page,
but if you've got a charge certificate it's a bit late for any
of that.
I have today received the following traffic orders:
The Newham (Stratford) (Disabled Resident Parking Places) (No.
1) Order 2014
HTML https://drive.google.com/file/d/153vlPOXZAjvRC07QgJzsxDf9WciUZjR1/view
The Newham (Stratford) (Disabled Resident Parking Places) (No.
1, 2014) (Amendment No. 12) Order 2021
HTML https://drive.google.com/file/d/1JUD0DPnH5xVMpuBErNTbwQZv1qjMaIcX/view
#Post#: 16872--------------------------------------------------
Re: Nehwam - PN37090585 - Parked on a Residents Disabled Parking
Bay without a valid permit.
DIR By: guest17
Date: March 5, 2024, 4:53 pm
---------------------------------------------------------
OP----HCA's suggestion is the way to go.
Plus the signage may be incorrect since the Council do not have
DfT approval for the words used on the sign.
The TSRGDs (
HTML https://www.legislation.gov.uk/uksi/2016/362/schedule/4/made
)
indicate:-
1. “Disabled badge holders”;
2. “Disabled badge holders only”;
3. “Disabled badge holders only at all times”;
4. “Disabled badge holder” and a permit identifier; or
5. “Disabled badge holder only” and a permit identifier
The latter two are used when there is a dedicated individual
disabled space for an individual user as indicated by the word
"holder" (singular not plural).
See their approval for this sort of sign here:-
HTML https://assets.dft.gov.uk/trafficauths/case-3311.pdf
There is no provision for the words "Resident Permit Holders" in
the TSRGDs and the Council would have to get DfT permission to
use it----they haven't
HTML https://www.dft.gov.uk/traffic-auths/?search=newham
Ergo the
signage is invalid and unenforceable IMO.
Mike
*****************************************************
Page 1 of 1