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#Post#: 1801--------------------------------------------------
H&F council c81: parked in a restricted area in a car park
(reserved disabled bay), 51 White City Rd
DIR By: bumblebanoffee
Date: July 23, 2023, 10:16 am
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Since purchasing a car and receiving my blue badge, I have
received 4 tickets because the parking information is not autism
friendly.
As an autistic person, I encounter challenges understanding
information designed for neurotypicals, including parking rules
and signage. Researchers (e.g. Professor Kate Cain from
Lancaster University and Professor Jane Oakhill from the
University of Sussex), have shown that reading comprehension
involves more than just recognising words; it also requires
connecting different text parts to grasp the broader context.
Unfortunately, individuals like me, who experience weak central
coherence, may struggle to compile information effectively,
hindering our understanding of complex instructions, such as
parking guidelines.
While attempting to comprehend the parking rules, I diligently
conducted Google searches to decipher the meaning of "clearly
marked and signed." However, my efforts were in vain, as the
available information did not provide the clarity I needed. It
was difficult for me to discern what a "reserved disabled bay"
looks like, leading me to assume that it would be labelled as
"reserved for specific blue badge holders." I included a
screenshot of my search history as evidence of my attempts in
the appeal.
Upon further investigation, I discovered an essential piece of
information in The Traffic Signs Regulations and General
Directions 2016 that was unavailable on the H&F website.
According to the regulations, where a bay is reserved for an
individual disabled badge holder, an alphanumeric identifier,
possibly followed by the word "ONLY," should be added after the
term "DISABLED." This addition would have been immensely helpful
for someone like me, as it would enable my brain to comprehend
the alphanumeric identifier as a combination of letters and
numbers, thus making the sign more interpretable.
The correspondence officer rejected my initial appeal, stating
that the parking signage met statutory requirements; in other
words, enough signs were clearly visible. However, my vision is
not the issue, nor did my appeal mention the lack of signage. I
specifically mentioned it was the clarity of the information
provided. Nonetheless, after researching the regulations, I do
not believe they have been updated to consider hidden
disabilities. In addition, as highlighted by the National
Autistic Society (NAS), despite introducing the Autism Act 2009,
the only act for a specific disability, autistic people (myself
included) are still facing challenges with services in
understanding what autism is and how it impacts us. For example,
the NAS 2016 report indicates that only 16% of autistic people
and their families feel the public understands autism. With
this, I am unsure if there is any point in appealing my ticket
further and instead focus on trying to make some changes by
contacting the local government social care ombudsman.
Implementing changes is more important to me, and I would rather
not waste my time and energy if this appeal isn’t in my favour.
I appreciate your help and guidance on this appeal + any other
people to contact about making the driving information more
accessible. As an aspiring autism researcher who is also
autistic I believe I could offer some cost-effective and
easy-to-implement solutions.
Photos:
HTML https://drive.google.com/file/d/1Jdn1vdcDXcoH1m6VNiVrHMuzU5rmWZnF/view?usp=sharing
Correspondence letter:
HTML https://drive.google.com/file/d/19Js3bsqcTq1MgI8lGG5pa6ebzKFxHnCv/view?usp=drive_link
Street view link:
HTML https://goo.gl/maps/EBhevWA4ahL7tDix5
#Post#: 1867--------------------------------------------------
Re: H&F council c81: parked in a restricted area in a car
park (reserved disabled bay), 51 White City Rd
DIR By: ivanleo
Date: July 24, 2023, 12:11 pm
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Well you've got the informal rejection, so the next step is the
Notice to Owner.
While the rejection says that the 50% discount will not be
re-offered, this is a lie: as long as the Notice to Owner is
challenged within 14 days, the council will re-offer the
discount, so there is limited risk in carrying on.
In the meantime please post the PCN and the representations you
sent.
Also they've issued an off-street PCN, but nothing on the
signage indicates this is an off-street car park, there is no
terms and condition board, and more importantly they cannot rely
on the TSRGD because the TSRGD do not apply to car parks.
Lastly I have also requested the parking places order.
#Post#: 1932--------------------------------------------------
Re: H&F council c81: parked in a restricted area in a car
park (reserved disabled bay), 51 White City Rd
DIR By: bumblebanoffee
Date: July 25, 2023, 2:09 pm
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Hey, thank you! Sorry for the late reply. Yes! I have the PCN
here:
HTML https://drive.google.com/file/d/1fIgQSMIsWI...iew?usp=sharing
back:
HTML https://drive.google.com/file/d/1wnXzsATXn7DbS9ANJR9-Nk4es8a-vZTK/view?usp=drivesdk
#Post#: 1933--------------------------------------------------
Re: H&F council c81: parked in a restricted area in a car
park (reserved disabled bay), 51 White City Rd
DIR By: bumblebanoffee
Date: July 25, 2023, 2:10 pm
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Sorry I forgot about the correspondence letter, which should be
above. Thank you.
#Post#: 1943--------------------------------------------------
Re: H&F council c81: parked in a restricted area in a car
park (reserved disabled bay), 51 White City Rd
DIR By: ivanleo
Date: July 25, 2023, 3:32 pm
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The link to the front of the PCN is broken and I can't fix it,
you'll have to re-post it please.
#Post#: 1974--------------------------------------------------
Re: H&F council c81: parked in a restricted area in a car
park (reserved disabled bay), 51 White City Rd
DIR By: bumblebanoffee
Date: July 26, 2023, 6:51 am
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Oh on! Ok I have attached it now. Please tell me if it works,
thanks!
[attachimg=1]
[attachment deleted by admin]
#Post#: 2027--------------------------------------------------
Re: H&F council c81: parked in a restricted area in a car
park (reserved disabled bay), 51 White City Rd
DIR By: ivanleo
Date: July 27, 2023, 4:47 pm
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Well it's the wrong contravention, parked in a restricted area
in a car park would be hatched markings or double yellow lines
or similar, you were parked in a bay.
Really they should have issued the PCN for code 85 - Parked
without a valid virtual permit or clearly displaying a valid
physical permit where required, but they only get one chance to
get it right. Once the wrong code has been used, the council
cannot go back and fix it, and they can only enforce what is
stated on the PCN.
As you were not within a restricted part of a car park, it's
hard to see how you could possibly lose, especially when we add
in all the problems with the signage.
If you pursue this I will be happy to represent you at the
tribunal. Assuming you want to carry on, all you need to do is
wait for the Notice to Owner, as long as it's your car, you have
the V5C, and the address on the V5C is correct (we recommend you
physically get the V5C and check, do not assume).
#Post#: 2088--------------------------------------------------
Re: H&F council c81: parked in a restricted area in a car
park (reserved disabled bay), 51 White City Rd
DIR By: bumblebanoffee
Date: July 29, 2023, 3:56 am
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Hello,
Thank you for your help!
Yes, I am waiting for the notice to the owner to arrive and will
make my formal appeal. Others have said that if they reject the
formal appeal, the tribunal's part should be in my favour. In
the formal appeal, do I include both challenges?
In my informal appeal, I appealed under the Equality Act, but
that was rejected. My private parking ticket rejected my formal
appeal when I tried to do it under the Equality Act; thus, I am
sceptical that the Equality Act exists.
Thank you for offering to represent me, I will def take this up
if the next stage rejects my appeal. I don't understand the
process yet. So I need to go and do some research.
I have my V5C; I only got my car at the beginning of this month,
so I know the correct address is there.
#Post#: 2093--------------------------------------------------
Re: H&F council c81: parked in a restricted area in a car
park (reserved disabled bay), 51 White City Rd
DIR By: guest179
Date: July 29, 2023, 5:22 am
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When you make reps you must push them with questions. Not
open-ended questions but those which scope the consideration
which the council are required to give. Call them a helping hand
if you wish.
It is common ground that the PCN gives the location as a car
park and therefore not a road. In addition, the council claim
that the sign in their photos gives effect to a restriction.
However, the sign in evidence is a 'traffic sign' as defined in
Part V of the Road Traffic Regulation Act. The RTRA only has
effect on roads. In the absence of this sign, the council have
no evidence of any restriction or contravention and therefore
the PCN must be cancelled.
Should the council reject these grounds, they must explain, with
necessary legal references, why they believe that this sign
created any restriction within the 'car park'. For information,
while it is clear from reports presented to the council that the
use of Civil Enforcement Officers in this 'car park' provides
operational efficiencies, it does not create an identical
environment in which they may operate. Other than with regard to
its enabling powers, the RTRA does not extend the scope of
prescribed traffic signs into car parks, neither is their use
for this purpose referred to in or endorsed by the Highway Code.
Should the council claim that use of these signs is permitted by
virtue of their use having been brought to a motorist's
attention by other means then they are obliged to:
1. Provide authoritative evidence as to their use;
2. Ditto for their existence on the day, and
3. Provide photos as to how they would have been brought to a
motorist's attention.
Just some thoughts.
#Post#: 2140--------------------------------------------------
Re: H&F council c81: parked in a restricted area in a car
park (reserved disabled bay), 51 White City Rd
DIR By: ivanleo
Date: July 29, 2023, 2:58 pm
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The full process is detailed here:
HTML https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/parking-penalty-charge-notice-enforcement-process
When you get the Notice to Owner, post it up on here and I will
draft a representation for you.
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