parking ticket on double yellow lines with disabled bagde

ranger10

In my parents road there is a pub opposite them with a beer garden, but the gate is never opened. There is rubbish collected from there and the landlord uses it as his back gate to walk his dogs. I have seen him on many occasions and he has never said parking there is a problem, he does not have any sign on his gate to say not to park either. There are double yellow lines for this one space and meter parking either side which I will park on if there is a space, if not on the yellow lines when I am taking my mother out or dropping off. It is like an old driveway with pebbled stones and kerbs which are level with the road. The pavement either side and the kerbs on it are higher. I was issued a ticket for parking in a restricted street during prescribed hours (01) and after a letter to them received a reply to say that I am not allowed to park on dropped kerbs for wheelchair access. The booklewt they sent me had a picture of a dropped kerb with the kerb either side on the pavemant lowered and a white line which mine didnt. I have been parking here for about 5 years without a ticket regularly about once or twice a week and the parking officers have just walked past when seeing the disabled badge and this is the first time I have been issued a ticket. Further up the road there are 2 dropped kerbs similar to the one in the booklet and there are also signs on the gate asking not to park there which I never have. I am not sure if it is a new warden or possibly the pub owner making a complaint, but would anyone know if this would make a difference as I have been told that permission to park has been implied by the non issue to any ticket previously and I do not know if this is an official dropped kerb as it is different to their literature. Any advice appeciated.

Neil_B

Is this in London or one of the new areas outside taking up dropped kerb enforcement? (why do people not say the crucial info - Council!!!)

either way '01' does not correctly describe the contravention and they can't later allege something new - as they appear to have done.

01 cannot apply to a BB holder as long as you don't exceed time and display correctly - as far as i recall.
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Hooka74

BB holders can park on dbl yellows as long as no obstruction occurs. You are only blocking a driveway for exiting vehicles NOT for entering. If no vehicles need to get out you're ok.

They have given you a ticket for the wrong offence. Dbl yellows should be 'Parking where prohibited' which would've been ok without a BB. If you can show you werenot causing an obstruction to the
pavement or road then you should be clear. I wouldnt be able to say for definite without seeing Photo evidence of where you are parked.

Another thing do the yellow lines have 'T' Bars at each end (I=) If not they are not valid. Again check the local traffic order at the council to see if the lines are on it and they are where they say so on the order. (The line
markers sometimes put them in the wrong place!)

ranger10

The ticket was issued in Brighton from the council and the ticket was issued for parking on a dropped kerb which needs to be kept clear for wheelchair users. So it is not for double yellow lines as it had the badge displayed so should the ticket have been issued for obstruction and if so would it have this on the ticket. There was enough room for a wheelchair to get past if need be but to issue a ticket now when they havent for the past 5 years seeems bizarre. I have until Monday to pay this or it will go up.

ranger10

The offence on the ticket says parking in a restricetd street during prescribed hours not obstruction. I have checked with the council and the t bar does not apply to a single space as it joins onto meter spaces.
It has no vehicle access just pedestrian.

Neil_B

ignore obstruction - it has nothing to do with it.

pics would be nice to be sure but basically as i said before - wrong contravention (not offence) alleged - invalidating the PCN.

with B&H helpfully confirming that for you LOL!

ranger10

So if it is the wrong contravention do you know what this should be.? This may help in an appeal letter. If not known do I tell them that they have issued a ticket for the wrong contravention. Even though I have appealed once already they have said that you cannot park on a dropped kerb with a disabled badge even if the badge is correctly displayed.

Neil_B

ranger10 wrote: »

So if it is the wrong contravention do you know what this should be.? This may help in an appeal letter. If not known do I tell them that they have issued a ticket for the wrong contravention. Even though I have appealed once already they have said that you cannot park on a dropped kerb with a disabled badge even if the badge is correctly displayed.

Got me thinking actually.

it's '27' ''parked adjacent to a dropped footway''.

Now where we have a problem is that AFAIK this is only currently used in London. To enforce outside London, I'm told, will need considerable adjustment to associated legal documents. Unclear if any areas have managed it yet. There fore, they may be dependent on the blanket 01 - but, that does not accurately describe the contravention ---- oooooeerrrrr missus.

i suggest you take it to pepipoo forums for a greater range of input, etc.
maybe open with the salient point ''Code 01 - claimed 'parked adjacent to a dropped footway'?'' that'll get some interest! LOL.
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