Off street council run disabled error

[Rewmer]

Hi Guys, Just got back from a pleasant week in Yarmouth, Norfolk with my parents. Whilst there my Dad picked up a ticket from, one of the council run car parks on the sea front. He parked in a disabled bay, and displayed his blue badge, but on return to the car had a penalty charge. It turns out that the council no longer allow free parking in the car parks for disabled drivers and although there are clearly defined disabled bays, you still have to buy a ticket. This was brought in in August of this year. We have been regular visitors to Yarmouth for many years and always use this car park so didnt think to check the board. There is a small section on the board that states you have to pay, but no further notices anywhere. Do we have any defence?

 

I noticed on the ticket (that they payed) there was no information on how to appeal against the charge. Isnt this required under Part 6 of The Traffic Management Act 2004? and can we use this to get a refund ?

 

Thanks in advance.

[Guest Ting]

Firstly, if disabled bays are still marked then that is clearly misleading. There are no Regs governing car park signs and markings but they must still be clear and not misleading.

 

on the PCN - always need to see it mate. sounds like that one is rubbish but I can't comment without seeing it. use 'tinypic' to host cos it's easy and no registration required.

 

please note that by showing the PCN (personal and car details removed - use Windows 'Paint' eraser) you potentially help others - especially as i haven't seen one from there before.

-

[lamma]

also need pics of the signs really..

[Guest Ting]

Also, many Councils will actually exercise disretion on BB issues. I can tell you how to 'play' this to best effect but i need that info.

[Rewmer]

Thanks for the quick replies. I will get the ticket and post it up tommorrow.

[Guest Ting]

Cool - and thanks for the acknowledgement.

[green_and_mean]

I noticed on the ticket (that they payed) there was no information on how to appeal against the charge. Isnt this required under Part 6 of The Traffic Management Act 2004? and can we use this to get a refund ?

 

You sure it was issued under the TMA and its not an ECN issued under the RTA 1984?

[Rewmer]

Thanks again guys for taking the time. Here are the scans of the ticket and the photo of the sign.

 

I noticed at the top of the ticket "Road Traffic Regulations 1984"

does this mean it doesnt need to have the appeals information on it?

As mentioned, there are clearly defined disabled bays, but no notice by these bays notifying of the need to pay nor any change in regulations

Edited November 2, 2008 by Rewmer

[Guest Ting]

Good guess mean.

 

No Rewmer, TMA has no relevance whatsoever.

 

Recourse is via appeal as they describe - 14 days.

 

ultimately you can argue it out with a Magistrate at some increased risk.

 

No pics of the disabled spaces you said were there?

 

On the sign. Can read bottom right disabled note - appears to say you can use your badge?

 

Is it the top left that says you can't? Not clear. i'd say that was obviously misleading though, given the large amount of text on the sign overall and in combination with the disabled bays still being marked - if so.

-

Writing to appeal will do no harm and some Councils will exercise their discretion as I said - but include the issues about signage. Be polite for this one.

-

[Michael Browne]

Top panel Reads:

Disabled badge holders are NOT exempt from charges.Designated bays are provide for the use of Disabled badge holders

 

Bottom panel reads:

A Disabled badge together with a valid parking ticket must clearly be displayed inside the vehicle at all times

[Guest Ting]

Oh I see. So the BB is displayed to indicate you may use the disabled bay. Makes sense now - but still a bit misleading.

 

Rewmer. You said August implementation. Maybe you could check to see if they amended the off-street Parking Places Order correctly?

-

[Rewmer]

Rewmer. You said August implementation. Maybe you could check to see if they amended the off-street Parking Places Order correctly?

 

How do I go about this ?

[Guest Ting]

Errrr, good question!

 

I'm assuming that the same applies as for Traffic Regulation Orders. These can be viewed at Council offices and it is your right. You can ask for one to be sent but best to view in person.

Check it has been signed and sealed for a start. Then check the particular details of restrictions for the location. They do get these wrong ya know!

 

What happens in the car park has to match what the Order says, etc.

 

Sometimes available on-line.

 

Not entirely sure of my ground for OSPOs. 'lamma' here would know more.

-

[Guest Ting]

Bare in mind that it might be an order made by Norfolk CC, not necessarily Yarmouth Borough.

 

Can't find anything on-line yet. Found reference to a North Norfolk DC one for other sites - so there is some info somewhere.

 

Probably easiest to phone and ask. You don't have to mention why you want to know. With Councils though, IME, it may take a while to find someone who knows what on earth you are talking about!

-

[Rewmer]

Well, cant find anything online and a trip back to Yarmouth will cost more than the ticket, so I have fired of a pleasant email requesting said information. I will see what happens.