Hi

I got a PCN code 40 for parking in a disabled persons bay which i did not know was there

as you will see from uploaded pictures the bay was not clearly marked,

i challenged the ticket and lancashire county council disagreed and have refused the request to cancel the ticket,

i explained that i would never knowingly park in a disabled bay and that the road marking are barely visible,

it as fell on deaf ears and a notice to owner is to be sent.

the council said that the road markings dont need to be there as a post sign was there

this was 2 spaces down

i did not see this sign at the time or even notice the markings,

any help.

Thanks

pixs .pdf

What's the exact location?

pictures added to first post

dx

https://goo.gl/maps/eukrLJF2y8k

You could argue that you assumed that the sign only applied to the bay behind you as road marking although faint is still clearly visible whereas where you parked the road marking appeared to have been erased.

You would need to go to adjudication (thus foregoing the discount, assuming it's still available) and even then it would be a risk whether an adjudicator would agree.

pictures added to first post

 

 

dx

thanks dx100uk

https://goo.gl/maps/eukrLJF2y8k

 

You could argue that you assumed that the sign only applied to the bay behind you as road marking although faint is still clearly visible whereas where you parked the road marking appeared to have been erased.

 

You would need to go to adjudication (thus foregoing the discount, assuming it's still available) and even then it would be a risk whether an adjudicator would agree.

I think it's clutching at straws to be honest. The bays are divided with a broken white line - I'd be surprised if an adjudicator would uphold it on that basis. The bay has a sign - the motorist needs to check what type of bay he's in.

Not hopeful for this one.

During recent months the town centre has changed dramatically with a new bus station and a new one way system the whole town had taxi ranks and disabled bays decommissioned and new ones introduced this could be one that was decommissioned the road marking have been removed.

Then ask the council for a copy of the traffic order for that location. This will contain the legal definition of the restrictions. If that no longer says disabled bay, then you should win if you continue the appeal.

Have a look at my response at post #19 here >> http://www.consumeractiongroup.co.uk/forum/showthread.php?477506-PCN-parked-in-a-disabled-bay(1-Viewing)-nbsp

Ok just an update I sent my appeal with all evidence pics etc on 10/06/17 deadline 16/06/17, sorry i did not ask for traffic order I saw this to late.. I have not yet received a reply is this normal to take so long

They have 56 days to reply to formal representations to the Notice to Owner, so reps sent Sat 10th June, deemed received Tues 13th, they have till Tues 8th Aug

Ok thanks for that ill wait may aswell go all way to adjudicator

Yes great result the adjudicator upheld my appeal.

How do i upload a pic of the letter to this thread

click upload and read

Adjudicator decision

Big thanks to all who helped

Very much appreciated