DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 16738--------------------------------------------------
Re: Newham - Green St Parked in a loading place or bay during
restricted hours without loading
DIR By: fraser.mitchell
Date: March 3, 2024, 4:41 pm
---------------------------------------------------------
Who was driving is irrelevant, the decriminalised legislation
for parking and traffic enforcement makes the owner assumed as
the keeper on the V5 Registration Certificate, responsible for
paying or appealing a PCN. Hence their letter. Your wife can
sign an authority for you to act for her. The old Biblical
thing, (Genesis 2.24) doesn't apply to UK law, I'm afraid !
#Post#: 17045--------------------------------------------------
Re: Newham - Green St Parked in a loading place or bay during
restricted hours without loading
DIR By: zincy
Date: March 9, 2024, 12:55 pm
---------------------------------------------------------
[member=1]cp8759[/member] hi CP
I was wondering if you could kindly take a look at this and
advice?
#Post#: 17046--------------------------------------------------
Re: Newham - Green St Parked in a loading place or bay during
restricted hours without loading
DIR By: ivanleo
Date: March 9, 2024, 1:03 pm
---------------------------------------------------------
[member=56]zincy[/member] what Incandescent said is correct.
Either the registered keeper makes representations herself, or
she confirms in writing to the council that she authorises her
husband to make representations on her behalf.
#Post#: 17047--------------------------------------------------
Re: Newham - Green St Parked in a loading place or bay during
restricted hours without loading
DIR By: zincy
Date: March 9, 2024, 1:29 pm
---------------------------------------------------------
Thanks, I'll ask my uncle to ask his wife to write to Newham
confirming that she gives authorisation for her husband to
represent her.
#Post#: 17050--------------------------------------------------
Re: Newham - Green St Parked in a loading place or bay during
restricted hours without loading
DIR By: Hippocrates
Date: March 9, 2024, 3:33 pm
---------------------------------------------------------
ZX1011007A (I was involved with this one and a few others)
Traffic Penalty Tribunal England and Wales
Review of Adjudicator's Decision
and
Shropshire Council
Penalty Charge Notice ZX1011007A £70.00
Decision revoked and appeal allowed on the ground that the
Council does not contest the appeal.
I direct the Council to cancel the Penalty Charge Notice and
Notice to Owner.
Reasons -
ZX1011007A By a Decision made after a personal hearing dated 17
August 2010 the Adjudicator Clifton Barker Dismissed the Appeal.
I allowed the application for review and gave directions that
the question of whether there is an exemption for disabled badge
holders in a loading bay should be dealt with as a preliminary
point.
The Council having considered the position where there have been
conflicting decisions of adjudicators in previous cases and
considering the circumstances of this particular case have
decided that they no longer wish to contest the review and
invite me to direct them to cancel the penalty charge notice on
this basis.
I understand that the appellant in his email of 1 October wished
the review to go ahead in the interests of justice on the point
of the exemption for disabled badge holders even if the Council
did not wish to contest the review. I have read and considered
that email as well as the rest of the appellant's
correspondence.
Acting in the interests of justice includes acting
proportionately in any particular case. The issue of whether
there is an exemption for disabled badge holders in a loading
bay is an important one, but it cannot be right or proportionate
to decide a point which could potentially have much wider
significance in a case where the Council do not wish, on
reflection, to pursue the penalty charge notice. If I were to
come to a decision on the point my decision would effectively be
reached either without submissions from the Council or by
forcing the Council to make submissions which they did not want
to make. I am sure the point will fall for decision at some
stage, but any decision will be much better informed if made
after reading or hearing submissions from an appellant and a
Council who both wish to contest a review or an appeal on this
point.
Anna-Rose Landes
Adjudicator
#Post#: 17417--------------------------------------------------
Re: Newham - Green St Parked in a loading place or bay during
restricted hours without loading
DIR By: Hippocrates
Date: March 17, 2024, 6:07 am
---------------------------------------------------------
Case Number FD 05594D
Adjudicator’s Decision
Amie Tolson (Johnson)
and
Sheffield City Council
Penalty Charge Notice FD29520168 £70.00
Appeal allowed on the ground that the alleged contravention did
not
occur.
I direct the Council to cancel the Penalty Charge Notice and
Notice to
Owner.
Reasons
The PCN was issued on 24 March 2009 at 14:28 to vehicle YA07 CXE
in Norfolk
Street for being parked in a loading place during restricted
hours without loading.
I am asked to consider this case as a postal decision based on
the written
submissions and documents provided by both parties.
The basis of Ms Tolson’s appeal is that because she had
displayed her Blue
Disabled Parking Badge and Clock on the dashboard of the vehicle
she was
entitled to park it in the loading bay.
The Council’s case, in line with the guidance given in the
literature issued with
the Blue Badge is that the use of the badge does not permit a
vehicle to park in a
loading or other restricted bays and that Regulation 8 of the
local authority’s
Traffic Orders (Exemption for Disabled Persons) (England)
Regulations 2000
should be read as applying only to a single or double yellow
line restriction.
The photographs taken by the Civil Enforcement Officer at the
time the PCN was
issued show that Ms Tolson’s vehicle is parked in a roadside bay
which is
delineated by a raised kerb on three sides and on the other by a
line of narrow
flagstones adjacent to the carriageway. Next to the bay is a
sign in the form of
diagram 660.4 in Schedule 2 of the Traffic Signs Regulations and
General
Directions 2002.
Norfolk Street is within a Restricted Parking Zone which has
been established,
with the consent of the Department for Transport in order to
protect the
environment of the area.
The point of a Restricted Zone is to establish a uniform
restriction within it so as
to remove the need for further carriageway markings.
In this case the relevant entry to the Zone is signed to show
that parking is
restricted at all times except within the marked bays.
The authority given by the DfT does not specifically permit the
absence of bay
markings although the Traffic Signs Manual suggest that these
need not be used
where the bay is defined by kerbs.
Although I have considered the argument as to whether the
signing at the
entrance to the restricted Zone establishes an exemption to the
general waiting
restriction in the areas which are designated as loading bays
(which then would
permit the use of the Blue Parking Badge) I conclude that the
relevant Traffic
Order does establish in Part E of Section 3 and in Schedule
11.01(15) a bay
which permits vehicles to park only when loading or unloading
and indeed this is
confirmed by the form of the roadside plate.
Regulation 8 of the 2000 Regulations provides that:-
“(1) This Regulation applies to an Order made under Section 1,
6, 9, 35,
45 or 46 of the 1984 Act which includes a provision which:
prohibits (except for the purposes of loading or unloading) the
waiting of vehicles
or any class of vehicles in a road at all times of day or during
one or more
specified periods of the day….”
The Council argues that Regulation 8 only applies only to a
yellow line restriction
on those parts of the road where there is no loading ban.
The power for the Council to regulate parking on a road is
included in Section 1 of
the 1984 Road Traffic Regulation Act to which Regulation 8(1)
refers.
Section 32 of the 1984 Act gives power to the local authority to
provide parking
places either on or off street and Section 35 permits the
authority to make
provision as to:
“(i) the use of the parking place and in particular the vehicles
or class of
vehicles which may be entitled to use it.
(ii) the conditions on which it may be used.
(iii) the charges to be paid in connection with its use (where
it is an off
street one) and
(iv) the removal from it of a vehicle left there in
contravention of the order
….”
Section 45 permits the provision of on street parking places
where payment is
required and Section 53 which is headed “Designation Orders
outside Greater
London” provides that
“(i) a designation order made in respect of highways in any area
outside Greater
London may include such provisions:
for any of the purposes specified in paragraphs (a) to (c) of
Section 2(2) of this
Act or
for authorising the use without charge (subject to such if any
conditions as may
be specified in the order) on any part of a road as a parking
place for vehicles or
for vehicles of such classes as may be specified in the order as
the authority
making the order may consider appropriate in connection with the
designation
order. …”
Section 2(2) provides for a Traffic Order to include any
provision:
“(c) prohibiting or restricting the waiting of vehicles or the
loading and
unloading of vehicles”.
The relevant Traffic Order in this case is “The Sheffield City
Council
(Consolidation) (On Street Parking and Prohibition of Waiting)
(City Centre
Controlled Parking Zone) Order 2008”. The heading to the Order
states that it
has been made by the Council under “Sections 1, … 35(1) … 53 …
of the Road
Traffic Regulation Act 1984”.
Whilst it is possible for the Council to have made the Order
designating the bay
where Ms Tolson’s vehicle was parked as a loading bay under
either Section 35 or
Section 53 of the 1984 Act it seems to me more likely because
the Order imposes
a condition on which the parking place may be used and there is
no reference to
there being a “designation” order that I should conclude it has
in fact been made
under Section 35. I am reinforced in that view by the fact that
Section 53
specifically refers to a Designation Order which is defined in
Section 142 of the
1984 Act as being an Order made under Section 45 which is headed
“Parking on
the Highway for Payment”.
I must therefore conclude that the bay, which is one which
prohibits parking
except for the purposes of loading and unloading at all times of
the day should be
included in Regulation 8(1)(a) of the 2000 Regulations.
The reference to Section 35 in Regulation 8 means that the
Council’s submission
that the exemption applies only to a yellow line restriction,
which would clearly be
made under Section 1 of the 1984 Act cannot be correct.
Although it may be difficult to see why the Regulation should
permit disabled
persons vehicles to park in designated loading bays and indeed
this is contrary to
the instruction given in the badge holders handbook because
Regulation 8
specifically refers to Section 35, without further qualification
to restrict the
reference only to Section 35(1) (iii) it cannot relate only to
yellow line restrictions
as the Council suggests.
Even if there is an ambiguity as to what section the Traffic
Order has been made
under in circumstances where Regulation 8 specifically refers to
a prohibition on
parking except for the purposes of loading and unloading in my
view I should
resolve that ambiguity in favour of the Appellant.
I therefore find Ms Tolson’s submission to be correct and
because her vehicle
was, with the appropriate display of the badge, entitled to park
in the loading bay
I am not satisfied that the contravention occurred.
The appeal is allowed.
Stephen Knapp
Adjudicator 4 January 2010
*****************************************************
Page 2 of 2
DIR Previous Page