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.
There is no specific legislation which deals specifically with disabled bays for off street parking. However, there is case law which supports the contention that signage has to be adequate. The best place to find these are on the PATAS website as attached http://www.parkingandtrafficappeals.gov.uk/patashome.htm under the sub heading 'key cases'.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).