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Alex Hughes
Alex Hughes, Solicitor/Partner
Category: UK Traffic Law
Satisfied Customers: 2358
Experience:  Partner in national law firm with 25 years legal experience
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Parking ticket issued for parking in disabled bay in off-street

Customer Question

Parking ticket (ECN) issued for parking in disabled bay in off-street car park. The bay was poorly marked and it was not noticed. However, the ticket was issued as I was getting the pay & display ticket from the machine.

I noticed the warden writing the ticket and called but the ticket was issued anyway. The ticket was issued exactly one minute after I had purchased the pay and display ticket. The warden was using a computer which is synchronised with the pay and display machine. There was no information about penalties on the P&D machine although a nearer one was covered with a bin liner where the P&D machine had been removed. (photos available)

I had two infants with me at the time and as I was in the last of 4 disabled bays, adjacent to the normal bays and my car was over the disabled sign on the ground (which was worn out and not clear) there was no other signage to indicate that I was in a disabled bay. The bay was not marked as recommended by Traffic Advisory Leaflet 5/95 April 1995.

On what grounds can I appeal this ticket?
Submitted: 3 years ago.
Category: UK Traffic Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question. Please remember to click ACCEPT once you get my answer.

Can you confirm this was a Council penalty - what was the offence you were charged with?
Customer: replied 3 years ago.
This was an Excess Charge Notice (ECN) issued by St Edmundsbury Borough Council under the Borough of St Edmundsbury (Off Street Parking Places) Order 1999.

The offence is stated as: Parked in a Prohibited Area. Code: E

As stated, I was parked in a bay with a disabled logo on the ground. This car park is a single lane dead end with parking places on both sides. The bay I parked in was the last of four bays which are marked in faded yellow lines. However, the line on my side (drivers side) is white as it de-marks the edge of the adjacent normal parking bay.

There are no other signs or posts to indicate that the bay is for disabled badge holders. The markings do not conform to the Traffic Advisory Leaflet 5/95 April 1995. Once parked, the car covers the disabled logo. Getting out of the car, there is no other indication that I was in a disabled parking bay.
Expert:  UK-Justice replied 3 years ago.
Then you need to say that the contravention did not occur or the traffic order was invalid.

Take photos of the ground and send these to the Council with your representations.

Therefore I am of the view your appeal is valid.

Only 5% of people appeal and the Council only turn up at less than 10% of appeals.

If you lose the appeal, there are no costs.
Customer: replied 3 years ago.
I will say that the contravention did not occur but I was hoping for some reference to where I can find the rules that state how off street parking bays should be marked. I have asked the Council for a copy of their Parking Places Order as part of the appeal. It may take some time to get them to send me a copy or for them to arrange a viewing where I can get photocopies and then trawl through it.

I have 7 days in which to start the appeal in order to keep the discount if I fail in my appeal.

The fact that only 5% of parking tickets are appealed or challenged and that the Council only turn up for 10% of those to defend the challenge is not, in my opinion a basis for making an appeal and hoping that it is dropped.
Expert:  UK-Justice replied 3 years ago.
Ok, well I will opt out - you did not ask for the rules, only how you can appeal.
Customer: replied 3 years ago.
Thanks, XXXXX XXXXX was expecting something a little bit more concrete.
Expert:  Alex Hughes replied 3 years ago.

Thanks for your question. I will try and help you with this.

 

Based on the information you have supplied there are three points you can make in your appeal.

 

1. There was no regulatory sign indicating this was a disabled bay as required by s.11 of the The Traffic Signs Regulation and General Directions 2002 in particular there was no sign of the type 661A http://www.legislation.gov.uk/uksi/2002/3113/images/uksi_20023113_en_058

 

2. The disabled bay was not of the type or dimension as required by the TSRGD2002 and in particular did not follow the guidance contained the Traffic Advisory Leaflet 5/95 issued by the Department for Transport.

 

3. Due to the inadequate signage it would be unfair to pursue this penalty and the Council should exercise its discretion under Reg 4(2)(b)(ii) Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 (SI 2007/3482) to cancel the penalty notice.

 

It is worth explaining in detail the misunderstanding which occurred.

 

Please click ACCEPT so I get credit for my answer so far. I am happy to answer any further queries you may have.

 

 



Edited by Ali172 on 2/8/2011 at 11:05 PM EST
Alex Hughes, Solicitor/Partner
Category: UK Traffic Law
Satisfied Customers: 2358
Experience: Partner in national law firm with 25 years legal experience
Alex Hughes and 2 other UK Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks for the response. I think we may be getting there. However, this was an Off Street Parking Place run by the council. As far as I'm aware, the signs do not have to conform to TSRGD rules for Off Street Parking Places.

It is my understanding that there should be signage that makes it clear that it is a disabled parking bay and the whilst not obliged to conform to TSRGD rules, there should still be sufficient signage to make it clear.

Is there any legislation that you can point me to that can be used to show that they have failed to provide the minimum signage or markings?
Expert:  Alex Hughes replied 3 years ago.
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