Disabled badge holder parked on double yellow line

jonathanw

thanks for all your answers! Does anyone know the legal answer to the no loading sign being on another street around the corner?
thanks

Coblcris

Not without full knowledge of the facts, that means pictures.

Please see posts 4 and 7.

jonathanw

I copied a link above to google street view that you can see the signs and street.Thanks

Coblcris

Google Street View is only a historical document.
And it does not show Traffic Orders.

jonathanw

where will I obtain the traffic order from and what is a traffic order?
thanks

Coblcris

From the Principal Office of the council http://www.opsi.gov.uk/si/si1996/Uksi_19962489_en_1.htm

It details and defines the restrictions and the actions the council may take. A contravention if it occurs is of the Traffic Order not of the signs.
As I mentioned earlier there is a common problem with many Orders with regards to the disabled parking exemption and yellow lines combined with kerb blips. It is somewhat technical as the brief description indicates. Visibility of the Order is needed to make a determination if this is such an instance.

Access to the order also given statutory authority here http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Local+Government+Act+1972&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2431824&ActiveTextDocId=2432101&filesize=119808

Traffic Orders are public documents and so are specifically exempted from the FOI. Never use the FOI to to a copy and never accept a council's 'view' that it has to done under the FOI.
See http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=freedom+of+information&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1876329&ActiveTextDocId=1876358&filesize=1883

if it not available during Office Hours upon request then the council is in statutory failure and should be reminded of that. A response along the lines 'can you come back at a future time and or date' is such a failure. A refusal invokes the LGA 1972 S.227 (7)
(7) If a person having the custody of any such document—
(a) obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract,
(b) refuses to give copies or extracts to any person entitled to obtain copies or extracts,
he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

jonathanw

I have the files and pictures to attach but cant see how do do it. what are stickies?
thanks

peter_the_piper

when you first come onto this section of the forum there are 4 items at the top which are put there officially, the 4th item is the one you want. How to post pcn etc.

jonathanw

finally worked it out!

First two are the PCN the others are pictures of the signs and area.

http://tinypic.com/view.php?pic=jqkn6p&s=6

http://tinypic.com/view.php?pic=2i932vt&s=6

http://tinypic.com/view.php?pic=2a7ehyp&s=6

http://tinypic.com/r/ljocg/6

http://tinypic.com/r/jl3vv5/6

http://tinypic.com/r/e0r4z/6

http://tinypic.com/r/3vp8z/6

http://tinypic.com/r/13zs4s1/6

thanks

Coblcris

Thank you. After cursory examination of the PCN it seems compliant.
the loading sign is permissive and only covers the loading bay, but you were parked on the Double Yellow Lines

The Traffic Order that covers Heather Gardens now carries greater import.