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#Post#: 21167--------------------------------------------------
PCN contravention 165
DIR By: DIP181394
Date: May 1, 2024, 2:49 am
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I received a penalty charge notice for parking in a dedicated
disabled bay without permit, my street has permit holder hours
of 8 to 6.30pm.
I parked my car overnight in the disabled bay, the PCN was
issued at 5.31am.
There are no timings stated on the disabled bay sign.
Is there a way I can appeal to the council.
The PCN has been issued in Newham Council.
[attachment deleted by admin]
#Post#: 21170--------------------------------------------------
Re: PCN contravention 165
DIR By: fraser.mitchell
Date: May 1, 2024, 3:20 am
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No timings on a bay sign means it applies 24x7.
Here is the location: -
HTML https://maps.app.goo.gl/5FfvnABbPRtTF2A68
Are you a resident on this street ?
The other bays, (resident permit), are indeed only 8am to 6.30
pm, so why not park there, or were they all full ?
#Post#: 21184--------------------------------------------------
Re: PCN contravention 165
DIR By: DIP181394
Date: May 1, 2024, 4:58 am
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Yh I am resident on the street, all other bays were full :(
We hardly have any residents bay after 9pm.
#Post#: 21207--------------------------------------------------
Re: PCN contravention 165
DIR By: fraser.mitchell
Date: May 1, 2024, 8:39 am
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It is an unfortunate fact that there is just not enough street
space to allow every car to park overnight !
I would suggest submitting an informal challenge stating that
you are a resident on the street concerned and hold a resident
permit, but returning home on the day in question, was unable to
find a resident space, they were all taken. Point out that this
is the first time you have received a PCN for this offence, and
it won't happen again.
Post up their reply when you get it. Dependin on their reply
further advice can be given as to whether to pay or wait for the
Notice to Owner, and submit a formal representation.
There is Statutory Guidance on parking enforcement under the
Traffic Management Act 2004, so have a read here: -
HTML https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions
Councils must have regard to this guidance
#Post#: 21361--------------------------------------------------
Re: PCN contravention 165
DIR By: ivanleo
Date: May 2, 2024, 4:01 pm
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[member=1307]DIP181394[/member] did you see the sign at the
time?
Also why didn't you park on the single yellow?
#Post#: 21598--------------------------------------------------
Re: PCN contravention 165
DIR By: guest17
Date: May 5, 2024, 6:53 am
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The sign which says Disabled Resident Permit Holders Only is IMO
not a traffic sign which can be enforced.
This is what I posted in a similar Newham thread:-
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.
And that's without going into the legitimacy of general disabled
bays for residents only which, to me, is discriminatory and
against equality legislation.
Mike
#Post#: 21610--------------------------------------------------
Re: PCN contravention 165
DIR By: ivanleo
Date: May 5, 2024, 10:11 am
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[member=1307]DIP181394[/member] are you still with us?
#Post#: 21626--------------------------------------------------
Re: PCN contravention 165
DIR By: DIP181394
Date: May 5, 2024, 1:52 pm
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[member=1]cp8759[/member]
I did see the bay marked as disabled and the sign board but
since it didn’t have any time restrictions i assumed the usual
8-6.30 mon to sat applies.
The street has bay marking throughout only part that has single
yellow line is in front of driveways.
#Post#: 21632--------------------------------------------------
Re: PCN contravention 165
DIR By: ivanleo
Date: May 5, 2024, 2:40 pm
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I take it you don't have a blue badge?
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