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Leicester Market Place Loading Bay/disabled bay council PCN

Hello!
I would really appreciate anyone’s  help on this. Yesterday we had to attend a wedding in the snow 🙈 I took my 89 year old grandma to the wedding who who has a valid disabled badge as she has mobility issues. We got a council PCN because unfortunately I was parked in between the sign which has two arrows, one arrow says loading bay and the other disabled parking. There was no marking on the roads to where the cut off is for the loading and disability parking. There was very limited disability parking near the area, which was all full,  and due to the snow we couldn’t park in a car park and make her walk a lot either. I would like to appeal but any advice would be appreciated please. I have attached some photos below of the evidence on the council PCN site. 
When I was looking on the gov site, loading bays I thought should have markings. I have attached a photo of this too if it’s relevant to my case? 

Comments

  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As we major on private parking tickets here, PePiPoo will be your best bet for council tickets. Register there but please note that a Hotmail address won't work - try using a throwaway Gmail account instead if you do have trouble registering, and post a new thread; here's your link:


    Read the sticky 'Read this before you post' as well as reading through some of the other threads there ahead of posting your own details, to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received from the council (both sides, if appropriate), as they need to see all the small print.
    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
  • knightstyle
    knightstyle Posts: 7,231 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Opp I have helped with similar situations, fortunately most councils are considerate and not as bad as the private parking sharks normally dealt with on here.
    The best thing is to write a polite letter with a copy of the blue badge to the council and ask if the penalty can be cancelled.
    If this does not work feel free to PM me and I will try to help but you may just have to pay as the rules are quite clear about where the parking areas start and finish which is where the post is.
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    ...but you may just have to pay as the rules are quite clear about where the parking areas start and finish which is where the post is.
    I think councils are just as liable for the signage and markings being correct and according to the rules. If one or other sign or marking is not clear, then the OP has a case. In this one, it looks like the markings are worn/unclear.
  • Hello,
    thank you all for your advice. 
    I did appeal with the reasons of unclear signage and no road marking but the council rejected the appeal 🤦🏻‍♀️
    I don’t think there’s anything more I can do right and just pay? 


  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I did appeal with the reasons of unclear signage and no road marking but the council rejected the appeal 🤦🏻‍♀️
    I don’t think there’s anything more I can do right and just pay? 
    They almost always reject initially, hoping the motorist has no (further) clue in how to contest it. 

    Have you posted over on PePiPoo yet, they are the council parking ticket experts.
    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
  • I did post on there and someone said this
    ”That loading bay which is not specifically for goods vehicles has an exemption for BB holders as per:-

    https://drive.google.com/file/d/1HOrYPHV6si...4TyZE3sMcb/view

    I read the letter and included this in the appeal along with the reasons on the day as it was heavily snowing and the signs were covered too. “I would also invite you to also consider the points and exemptions of Regulations 8 Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000. It specifies that there is an exemption for disabled badge holders in loading bays, which is the specified reason outlines in the PCN issued.” 
    But they’ve rejected this in light of the above as well 😬
  • Coupon-mad
    Coupon-mad Posts: 152,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    But that's normal at first appeal stage.

    Were you not told to expect that?

    No-one on pepipoo pays just because a Council third party (which may well be the company whose employee issued the PCN) inevitably rejects the first representation!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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