Barking and Dagenham PCN Code 11

[mohmmad786]

Hello there, I received a PCN in barking town centre this evening. We own a vauxhall corsa which is taxed as a disabled car. We got a blue badge as well which we have used in the past to park on the side of the roads in pay and display without any problem. Barking town centre got a road which use to have only disabled parking very close to the clock tower(in total 8-10 disabled spaces). Just a month or two before they changed it to pay and display with only 3 disabled bay left. When we went to town centre all 3 of the disabled bays had cars parked so i just parked the car on pay and display and displayed the blue badge. Didnt think of it as you are allowed to park on pay and display with blue badge but when we came back we were surprised to see a parking ticket on the front screen. I checked the pcn and it says Contravention Code 11. I was wondering if i can actually appeal it? When i went back to check at the board to check, it said right in the middle "Blue badge Valid in disabled bays only". It seems like the councils are coming up with new ways to issue PCNs. Any help would be greatly appreciated.
Thanks

[michael]

Re: Barking and Dagenham PCN Code 11

The BB booklet says that at ‘On-street’ parking meters and pay-and display machines, badge holders may park for free and for as long as they need to.You must display the Blue Badge.

Barking & Dagenham apparently have decided to unilaterally change this. In order to do so they must have a Traffic Regulation that stipulates this.

Regardless of this, you would have a legitimate expectation that Barking & Dagenham follow the BB rules as laid out in The Blue Badge scheme: rights and responsibilities in England and therefore would have no reason to look for additional signage.

I would appeal on that basis and ask them for the TRO for that street.

B&D's website has this:
Information on the Blue Badge Scheme in Barking and Dagenham

which you would expect to have information specifically related to B&D. Instaed it leads to the Gov.uk site

[ploddertom]

Re: Barking and Dagenham PCN Code 11

Did you also display your clock?

[mohmmad786]

Re: Barking and Dagenham PCN Code 11

Did you also display your clock?

Yes i did, the time on the disabled badge showed 6/18(time of arrival) and the ticket was issued at 18:33.
Location : Clockhouse Avenue IG11 OUTSIDE TOWN HALL
CONTRAVENTION : Parked without payment of the parking charge [CODE : 11]

[michael]

Re: Barking and Dagenham PCN Code 11

I would take this all the way to adjudication if necessary. That BB disclaimer is in the tiniest font.

Here's B&D's website information about Clockhouse Avenue:
http://www.lbbd.gov.uk/TransportAndS...ndDisplay.aspx

No mention of cHarging BB holders.

[mohmmad786]

Re: Barking and Dagenham PCN Code 11

I would take this all the way to adjudication if necessary. That BB disclaimer is in the tiniest font.

Here's B&D's website information about Clockhouse Avenue:
http://www.lbbd.gov.uk/TransportAndS...ndDisplay.aspx

No mention of cHarging BB holders.

Thanks a lot Michael. This is why its so confusing for someone like me as i have tried to google it and i could not find a single result which could match my circumstances. Te only thing which worries me is the board which says "blue badge valid in disabled bays only"

[michael]

Re: Barking and Dagenham PCN Code 11

Te only thing which worries me is the board which says "blue badge valid in disabled bays only"

This is what the council will use as a reason for rejecting any appeal.But since B&D claim they subscribe to the BB scheme, as evidenced by page after page on their website, there is no reason in the world why you or any other BB holder would bother to check a sign that has a BB disclaimer in tiny print when parking in a P&D bay that in any other borough (apart from central London) is free for as long as you want.

I'm confident an adjudicator would agree.

[Amethyst]

Re: Barking and Dagenham PCN Code 11

Don't know if this helps at all http://www.lbbd.gov.uk/TransportAndS...mentPolicy.pdf section on blue badge holders and also about CPZ's.


Also in types of permit (http://www.lbbd.gov.uk/TransportAndS...rmitTypes.aspx) it says this

Residents who are blue badge holders are able to park for the entire controlled period of a Controlled Parking Zone with their badges displayed hence no longer require a resident permit. In light of this, there are no concessionary permit for blue badge holders.

[labman]

Re: Barking and Dagenham PCN Code 11

This makes interesting reading and viewing:

http://notomob.co.uk/discussions/ind...ic,2983.0.html

I agree-ish with Michael in that I would appeal and think you would have a strong case. Having said that, and this wn't make me popular, I have a blue badge, but whatever the booklet says, I've never assumed that I should not have to pay, even if parked in a disabled bay. I always check on public land (not too fussed about Parking Charge Notices as I get those cancelled).

Only once have I received a proper PCN displaying my blue badge, parked what I believed to be entirely legally on a double yellow line. I fought it on inadequate signage.

I'm not sure the signage is inadequate here, as it is clearly stated, BUT it is a recent change in parking conditions, it has to be backed by a TRO and there is loads you can find about technicalities here:

http://www.ticketfighter.co.uk/parking.htm

Definitely worth appealing - make sure you use the right channel from Amethyst's link above.

[a-4646]

Re: Barking and Dagenham PCN Code 11

I received pcn today on my car although blue badge and clock was clearly displayed in barking town centre....it seems its exact location you mentioned in this forum.......any tips on appealing this ticket....????

thanks