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Parking in Disabled Bay without clearly displaying a Valid Disabled Badge

Hi everybody,

I received a PCN from CPM saying that I parked in a disabled bay. It was never my intention to do so, I simply didn't realise it was a disabled bay as I didn't believe it to look like one. I paid for a ticket to park there. I'm wondering if I will have any chance appealing that it's not clearly a disabled bay (the parking space looks normal size).

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 13 April 2021 at 1:52PM
    If it has a wheelchair symbol on the ground like the other 2 , plus signage that can be easily read from the driving seat , perhaps on that pillar ? Then there is no defence to the charge itself

    Any appeal will be rejected anyway , regardless , no profit in acceptance !!

    Any defence in Court will rely on landowner authority , signage , POFA etc

    No paid for ticket can exempt a driver because the PCN is not about non payment , a parking company has a legal obligation under the Equality Act 2010 to enforce the rules for disabled spaces , a paid for ticket cannot override that law
  • SayNoToPCN
    SayNoToPCN Posts: 301 Forumite
    100 Posts Name Dropper
    I can just see a wheelchair symbol under the vehicle. 

    One of the rare ones to potentially pay, as nothing seems badly signposted to it being a disabled bay., not from those photos anyway

    SEE WHAT OTHERS THINK first!
  • Fruitcake
    Fruitcake Posts: 59,456 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 April 2021 at 2:39PM
    There is no such thing as a normal sized parking that the other bays. and disabled bays are not necessarily bigger than other bays within a car park. Having said that, each disabled bay in your images has a yellow hatched area to the side and at one end that the other bays do not, signify they are different in some way.
    The biggest giveaway is the internationally recognised wheelchair symbol under the car, part of which is visible in your photos.

    It will all depend on whether the signage, including surface markings were clearly visible to the driver at the time of the alleged event, landowner authority, CoP failures, PoFA compliance etcetera.

    Nobody is saying you should pay, but you may have an uphill struggle on your hands.
    I married my cousin. I had to...
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  • Umkomaas
    Umkomaas Posts: 43,209 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    UKCPM are the most litigious parking company in the country, and even where they have a very tenuous case, they are still quick to litigate. So you can anticipate a court hearing in a few months. It's not really in my DNA to tell you to pay this, but your way ahead looks decidedly uphill. Maybe see if you can negotiate anything, but my hopes aren't high. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thank you for all your responses. Just wanted to know if I had a chance, as it’s rather upsetting having purchased a ticket only to be given a fine. 
    I will take this one on the chin and definitely look where I’m parking in the future! 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 15 April 2021 at 10:39PM
    If you read that sign , everyone has to purchase and display a valid ticket !! It's a condition of parking , just like in a pay and display council car park , but that was not the issue here

    Even if it was free to park , the driver should not have parked in a disabled space !!


  • Umkomaas
    Umkomaas Posts: 43,209 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    And be aware that under the Parking (Code of Practice) Act 2019 upcoming arrangements, parking in a Disabled Bay with no entitlement to do so is likely to attract the highest level charge - up to £130. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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