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#Post#: 59446--------------------------------------------------
Dagenham, Contravention Code 40 in own Disabled Bay
DIR By: mohmmad786
Date: February 24, 2025, 3:52 am
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Hello everyone,
My wife is disabled and has a blue badge. Our son is autistic
and we alos have a blue badge for him as well. We asked the
barking and dagenham council around 10 years back for a disabled
bay outside our house and have been parking in there for more
than 10 years now without displaying the blue badge. On the 22nd
of February, we received a PCN for contravention code 40. I have
tried searching for the email where we asked the lbbd council
for disabled bay but can't seem to find it but the blue badges
were delivered to our address and the car is registered disabled
on our address.
I was wondering if you could help us fight this pcn, I'd be most
grateful for any guidance on how to challenge the PCN.
Thank you.
[attachment deleted by admin]
#Post#: 59453--------------------------------------------------
Re: Dagenham, Contravention Code 40 in own Disabled Bay
DIR By: sx4
Date: February 24, 2025, 4:40 am
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It’s not your disabled bay , it was put there for your use but
any blue badge holder can use the bay not only you .
Outside homes there can be two different types of disabled bay,
one that doesn’t have a TMO or an upright sign this is classed
as a courtesy bay and can not be enforced.
And the second type has a TMO and sign this can be enforced by a
ceo.
If first type the pcn is not enforceable, the second type with a
sign a pcn can be issued if a blue badge is not displayed.
Just having a blue badge is not enough , the contravention is
for not displaying a valid badge
#Post#: 59482--------------------------------------------------
Re: Dagenham, Contravention Code 40 in own Disabled Bay
DIR By: stamfordman
Date: February 24, 2025, 6:47 am
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This looks like an unenforceable courtesy bay to me.
HTML https://i.ibb.co/XhfLTGC/Screenshot-2025-02-24-at-12-43-51.png
HTML https://i.ibb.co/sdBjNr1f/b5.jpg
HTML https://i.ibb.co/rGhpbvHz/b4.jpg
HTML https://i.ibb.co/Tqq4wgM3/b3.jpg
HTML https://i.ibb.co/hxnc5wx2/b2.jpg
HTML https://i.ibb.co/LzGnhmGg/b1.jpg
#Post#: 59486--------------------------------------------------
Re: Dagenham, Contravention Code 40 in own Disabled Bay
DIR By: stamfordman
Date: February 24, 2025, 7:13 am
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I think we've seen this road before. There are some disabled
parking bays designated by orders but not yours. Here there is
one outside no 120 but not where you are on the opposite side of
the road.
HTML https://i.imgur.com/ClzPKm6.png
#Post#: 59495--------------------------------------------------
Re: Dagenham, Contravention Code 40 in own Disabled Bay
DIR By: H C Andersen
Date: February 24, 2025, 8:07 am
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OP, is this the car that you usually park there?
IMO, I can't see that this is enforceable for the reasons
already set out:
1. Legitimate expectation that parking here without displaying a
BB was tolerated by the council, based upon ** years' prior
experience;
2. In any event, the bay is not enforceable because it's not
underpinned by a traffic order restriction and even if it is
it's not marked and signed as required by law.
#Post#: 59503--------------------------------------------------
Re: Dagenham, Contravention Code 40 in own Disabled Bay
DIR By: mohmmad786
Date: February 24, 2025, 8:34 am
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Thank you very much for your advice.
The first 2 pictures that shows the no parking sign was put on
the fence by us as some of the naighbours kept on parking their
cars in our spot.
stamfordman.
My neigbour 2 doors down actually knocked on our door to tell me
about us receiving this pcn. Apparently they had the same
problem with disabled bay and received a pcn.
H C Andersen
Nice to see you alive and kicking <3
Yes sir, this is the car that I have been parking in this spot
for more than 6 years.
"2. In any event, the bay is not enforceable because it's not
underpinned by a traffic order restriction and even if it is
it's not marked and signed as required by law."
Does this mean that our disabled bay is classed as courtesy bay
and cannot be enforced by the council?
Thank you very much for your help.
#Post#: 59527--------------------------------------------------
Re: Dagenham, Contravention Code 40 in own Disabled Bay
DIR By: stamfordman
Date: February 24, 2025, 10:45 am
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I would just say:
The alleged contravention did not occur as there is no disabled
parking place where we have parked our car for at least 6 years.
There is a courtesy sign asking others not to park there but it
has no legal standing.
As this PCN was issued in error I look forward to your early
confirmation of cancellation.
#Post#: 59528--------------------------------------------------
Re: Dagenham, Contravention Code 40 in own Disabled Bay
DIR By: H C Andersen
Date: February 24, 2025, 10:51 am
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My suggestion is along similar lines, but doesn't make any
reference to law in the reps themselves.
.......
As the sign was not placed by the council, the argument
regarding linking its confusing message to the council is no
longer applicable.
As it stands, you have a bay marked partly on the carriageway
and partly on the footway which carries the road marking
DISABLED. IMO for the purposes of traffic regulations this in
itself carries the meaning that it is reserved to BB holders
24/7 and that normal requirements as regards the display of a BB
apply(the badge, not the clock).
But whether there's a traffic order to this effect, who knows? I
somehow doubt it.
Frankly, at this stage I wouldn't read more into this than that
a new CEO was on the block and was not aware of the local norms.
I'd make reps* on this basis BUT while this is going on display
your badge.
*- reps at this informal stage do not have a prescribed form,
the regs simply refer to 'representations may be made and will
be considered at any time prior to a NTO being served'.
Perhaps...
I am the resident of **** and I and my *** have held BBs for the
past ** years. The 'disabled' bay in question, which is situated
immediately outside my house, was installed by the council on my
application some ** years ago.
Firstly, I would thank you for ensuring that this bay is visited
by your officers because it's an absolute benefit to me and my
family because of our circumstances.
As regards the day in question, although I display my BB when
parking away from my house, I don't normally do so in what I've
come to look upon as 'my' bay because the car is there for
extended periods and overnight and the possible theft of the
badge has always been a concern. Until now, non-display has not
been an issue.
However, if the council has now changed its long-established
practice then it would have been nice to have been informed in
advance.
None the less, as regards this PCN, there are ample grounds on
which this could and should be cancelled and I look forward to
your confirmation as well as a clear statement as to whether you
have amended your enforcement policy. In the meantime, I shall
display my badge and keep my fingers crossed.
Hugs
#Post#: 59548--------------------------------------------------
Re: Dagenham, Contravention Code 40 in own Disabled Bay
DIR By: sx4
Date: February 24, 2025, 12:40 pm
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If it is only a courtesy bay and it looks like it , anybody can
park there even if they don’t have a blue badge , as the
markings and your own sign have no legal standing.
So even if your pcn gets cancelled you might be back to where
you were 10 years ago when your neighbours were parking there
and legally not be able to do anything about it .
#Post#: 59568--------------------------------------------------
Re: Dagenham, Contravention Code 40 in own Disabled Bay
DIR By: mrmustard
Date: February 24, 2025, 4:04 pm
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I am happy to be the representative for this OP. I have
experience of 'courtesy bays' in Newham a few years ago. They
just cause confusion. Please email mrmustard@zoho.com for free
help. I write everything for you. As well as a challenge we need
to
make a complaint and to apply for a proper bay.
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