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#Post#: 13516--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: spinningfish
Date: January 9, 2024, 12:22 pm
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I’ll be interested to see his take on it. Thank you.
#Post#: 13712--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: spinningfish
Date: January 13, 2024, 8:57 am
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Sorry to have to bump this.
#Post#: 13727--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: fraser.mitchell
Date: January 13, 2024, 1:49 pm
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The advice given before you sent in your reps still applies, so
it is now up to you whether you want to stand your ground and
take them to the Traffic Penalty Tribunal or just pay the
discount. Lack of the yellow line could win, but an adjudicator
may decide it is "substantially compliant", because you were in
a bay, so would seem to have ignored the sign.
#Post#: 13812--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: spinningfish
Date: January 15, 2024, 3:16 pm
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Thank you. I’ll give the tribunal a go, otherwise it feels a bit
like bullying to me and I don’t like that.
#Post#: 16752--------------------------------------------------
TRIBUNAL LOST: East Herts Council, code 45 Parked on a taxi
rank, Fore Street, Hertford
DIR By: spinningfish
Date: March 4, 2024, 5:04 am
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Hello all.
Just to update that sadly I lost the tribunal. Please see the
adjudicator's findings below:
"The Appellant is appealing a Penalty Charge Notice issued in
respect of parking on a taxi rank at the location.
The Enforcement Authority relies upon the contemporaneous
evidence of the Civil Enforcement Officer, a copy of the PCN, a
copy of the relevant legislation and a location map.
The Appellant contends that the road markings at the location
were not statutorily compliant. It is also contended that Blue
Badge parking was permitted at the location.
I have carefully considered all the evidence in this matter,
including the appellant’s oral evidence which I found to be
credible and cogent.
The Council contends that the vehicle was parked in a bay which
at the relevant time, was reserved for taxis only. The vehicle
was observed to be parked in very close proximity to the
relevant signage, which sets out three separate restrictions:
taxis only between 6pm and 8am, Friday and Saturday; Goods
vehicles only loading from Monday to Saturday 8am to 6pm, and
all vehicle parking at other times. The day in question was a
Saturday.
The Appellant contends that the carriageway markings at the
location were not statutorily compliant. They contend that,
pursuant to item 8, Part 4 of Schedule 7 to the Traffic Signs
Regulations and General Directions 2016, a broad 200 millimetre
yellow line is missing from the road markings on Fore Street.
However, this is a shared use bay and not a bay only used for
taxis, ambulances or police vehicles where stopping by other
vehicles is prohibited. The bay in question is a multi-use bay.
There is therefore no statutory requirement for a yellow line
at the edge of the carriageway.
The appellant has told me that they were the driver on the
relevant occasion, and had been looking for a place to park.
They saw the parking bay and has been frank in telling me that
they simply did not notice the signage just ahead of the
vehicle. They displayed their Blue Badge prior to leaving the
vehicle and I accept that they genuinely believed that they
could legitimately park there.
The sign itself is subdivided into three separate panels. The
upper panel, setting out the “taxi only” restriction is
prominent and unobscured and I find that it clearly set out the
relevant restrictions. Whilst I accept that he did not see it,
it was nonetheless there to be seen, in close proximity to the
vehicle.
The EA contends that the Blue Badge displayed could not be
relied upon by the appellant as the bay was, at the relevant
time, a “taxi only” bay. The appellant contends that he should
have been able to rely upon his Blue Badge by virtue of
Regulation 8 of SI 683 of the Local Authorities Traffic Orders
(Exemptions for Disabled Persons) (England) Regulations 2000.
The Local Authorities’ Traffic Orders (Exemptions for Disabled
Persons)(England) Regulations 2000 set out a number of
exemptions to parking contraventions for Blue Badge holders at
Articles 6-9. Regulation 8 does not appear to be applicable in
this case, as that regulation appears to deal with prohibitions
on waiting in a road at all times of day or during specified
periods i.e. it relates to waiting on either double or single
yellow lines. Regulation 8 requires an exemption to be included
in traffic orders which provide for restrictions indicated by
yellow lines. I do not find that reliance upon this Regulation
can be extended to what is a “taxis only” bay during the
relevant hours. The 2023 order sets out a number of exemptions
to the restriction. However, they do not include an exemption
for Blue Badge parking.
I therefore find that the appellant’s Blue Badge may not be
relied upon whilst a “taxis only” restriction is in force and
the display of the Badge did not permit him to park as he did.
I am satisfied to the requisite standard that a contravention
has taken place and that no statutory ground of appeal/exemption
has been established. Accordingly I must refuse this appeal."
I appreciate everyone's help and it was definitely worth a go!
#Post#: 16776--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: Hippocrates
Date: March 4, 2024, 8:15 am
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I used to deal with this issue on pepipoo a few years ago. I
would PM cp for his thoughts re an application for a review.
#Post#: 16782--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: fraser.mitchell
Date: March 4, 2024, 8:54 am
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Well at least they had to do at least some work for their money
!
#Post#: 17000--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: ivanleo
Date: March 8, 2024, 4:32 am
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[member=777]spinningfish[/member] I'm so sorry you didn't PM me
before your appeal, as this could have been pushed the other
way. As I work full time and am often swamped with appeals as it
is, I can't always stay up to date with the forum.
To everyone else, if an OP is in this position in the future
please tell them to PM me as soon as they get a notice of
rejection.
#Post#: 17199--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: ivanleo
Date: March 13, 2024, 4:17 am
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[member=777]spinningfish[/member] I've had a look and it seems
to me that the appeal could have been won, but I don't see that
the adjudicator has made any obvious error.
The argument that should have been pursued is that, in the
absence of the broad yellow line, there was nothing to put a
blue badge holder on notice that it was necessary to check the
upright sign, so the overall signage was inadequate within the
meaning of regulation 18 of The Local Authorities' Traffic
Orders (Procedure) (England and Wales) Regulations 1996.
I can't see any scope for a review because ultimately you're not
entitled to a second bite at the cherry, the argument should
have been put forward the first time round.
The only thing I can say is that if you're ever in this position
again please PM me before the hearing, this is the sort of case
where having a professional representative could have made all
the difference.
#Post#: 17205--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: spinningfish
Date: March 13, 2024, 5:10 am
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Thank you for all your help. I think that’s a very salient point
and hopefully one that will help other people in a similar
position.
Great forum and fabulous advice from all.
Thanks again!
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