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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70522
Experience:  Over 5 years in practice.
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Hi, I was in town looking for a parking space, but all I could

Customer Question

Hi, I was in town looking for a parking space, but all I could see were spaces marked loading only in white paint on the road. Not wishing to park illegally, I kept driving until I saw a parking space without the loading only mark, and parked my car. When I returned from shopping I saw a ticket on the windscreen which stated that I had parked in a disabled parking zone. I looked under the car and along the pavement edge and edge of the parking area, and could see no disabled zone indications. I was addressed by the driver of the car parked behind me, who was disabled, and he indicated a sign on a post that was flat against the building and therefore very inconspicuous. When I stated how difficult to see it was, the disabled driver agreed, and said that that was how the council made their money. I find it hard to disagree with him!! Was the parking area insufficiently marked, as we both felt it was?? I would never park in a disabled area, unless with my sister who is disabled.
Submitted: 4 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

How can I help with this?
Customer: replied 4 years ago.


Can I dispute the penalty?

Expert:  Jo C. replied 4 years ago.
So, in short, there was a sign but there were no road markings?
Customer: replied 4 years ago.

There was a sign that was so close to the wall as to be almost invisible and no road markings. I have just looked on Google Street View and all these areas now appear to be marked as Loading Only areas.

Expert:  Jo C. replied 4 years ago.
You can certainly appeal then.

Any fine can be appealed ultimately. The question is what are the chances of success.

If this is a disabled bay area then there should be both road markings and signs that are visible. If one or the other is absent then arguably the prohibition is void.

There has been some case law which has allowed councils' to rely upon the doctrine of substantial compliance although it must be said that they don't very often. Also, Im not sure this really conforms to the doctrine of substantial compliance anyway. Either the prohibtion was such at the reasonably observant motorist could tell upon reasonable inspection what he could or could not do or it was not. If it was not then they cannot enforce this.

They will not normally concede at the first appeal though. Normally you will have to go to Adjudicator but overall you have a fairly good chance.

Can I help further?

Customer: replied 4 years ago.

Can you give me links to the relevant regulations please?

Expert:  Jo C. replied 4 years ago.
What legislation are you looking for?

Why do you think there is a need for legislation ? Parking adjudications are informal appeals that will just be irritated if you quote extensive statutes.
Customer: replied 4 years ago.

I thought that as you state that both road signs and road markings must be visible that it would be appropriate to refer to the relevant legislation.


As I didn't pay the reduced fine in time, the Notice to Owner was sent to my father, to whom the car is registered. I assume that I am still liable as the driver? My father is deceased.

Expert:  Jo C. replied 4 years ago.
No, absolutely not. Ther is nothing that annoys adjudicators more than that. Just cite adequacy of signs. The forms guide you though the appeal anyway.

You cannot appeal though. The registered keeper must appeal. The driver is not liable. Fines run against the keeper not the driver. They will just ignore any appeal from you. He must submit it.
Customer: replied 4 years ago.

But he is dead!!

Expert:  Jo C. replied 4 years ago.
Who is the registered keeper now?
Customer: replied 4 years ago.

He is. I forgot to get it changed.

Expert:  Jo C. replied 4 years ago.
Does he have anything to leave please?
Customer: replied 4 years ago.

What do you mean?

Expert:  Jo C. replied 4 years ago.
Does he have any assets or money?

In summary, they will pursue the registered keeper unless you change the details with the DVLA. If he has an estate then they could pursue against his estate.
Customer: replied 4 years ago.

His estate was divided between the family.


What would happen if I changed the registered keeper to me? Would they then pursue me?

Expert:  Jo C. replied 4 years ago.

They will pursue the registered keeper. If the car has been transfered to you in time they will pursue you.
Customer: replied 4 years ago.

So what happens if the registered keeper is left as my dead father?

Expert:  Jo C. replied 4 years ago.
Has the car been registered to you?

Delighted to continue with this but please rate my answer.
Customer: replied 4 years ago.

The car is still registered to my dead father

Expert:  Jo C. replied 4 years ago.
Expert:  Jo C. replied 4 years ago.
Sorry, I clicked on the answer button too early.

I see you are displeased with my answer so I'll opt out for others.