Misleading parking bays – Torbay Council

  • Creator
    Topic
  • #315153
    Alan H
    Participant

      Visiting Torquay, I parked in a parking bay next to a parking meter. I displayed my blue badge, and observed the meter to be out of use with a cover on, thinking that unlimited parking was allowed for on street pay and display. Going back to my car the next day, I received a parking ticket as I had not noticed the bays had been changed to disabled with a 4 hour limit. I unsuccessfully appealed the fine, because the machine alluded to on street pay and display parking, which is why I didn’t look for further signage. The meter inferred a pay and display, and should really be removed to prevent any confusion.

      Any legal-beagles out there know if the fine is valid, with the bay presenting as both pay and display and disabled parking?

      I replied to them that it is a honey-trap, and asked for a FOI request for other disabled drivers being misled and receiving fines.

    Viewing 2 replies - 1 through 2 (of 2 total)
    • Author
      Replies
    • #315298
      kezo
      Participant

        Did you take any photo’s of the bay and the covered meter, along with the signage that said 4hrs disabled along with its location?

        Look at the stages for appealing a penalty charge notice (PCN) here:

        https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/appealing-a-parking-ticket/

        #315299
        BigDave
        Participant

          To be fair to the council, from your post it does sound like you yourself made certain assumptions  and omissions following finding a cover on the meter.

          thinking that unlimited parking was allowed

          I had not noticed the bays had been changed to disabled with a 4 hour limit

          Also you admit you didn’t check the signage:

          which is why I didn’t look for further signage

          The ‘Blue Badge Rights and Responsibilities’ on Gov.uk does actualy state ‘ These are the parking concessions available to you as a Blue Badge holder. However, you must always check signs to see what the rules are when parking’

          https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england

          Also, if the meter had a cover on it, how can

          The meter inferred a pay and display

          Did you take photographs of how the covered meter inferred this?

          To be honest, as you describe it, I can rather understand why the council rejected your appeal due to the omissions and assumptions on your part.

          An option was to probably ask for some form of clemency/leniency  by sending in a rather grovelling apology for example being a visitor to the area  and not knowing what to do  with the meter being covered etc.  Also saying how hard a monetary fine will affect you financially.

          Even to the extent of giving them some flattery (which council’s generally like) e.g. ‘I hope this matter can be dealt with mercifully and sympathetically, which is the renowned hallmark of Torbay Council’.

          However putting in FOI requests which will ultimately cost them time and money may rather negate any form of clemency from the council!

          However, you are, where you are. Following your failed appeal:

          https://www.torbay.gov.uk/parking/appeal/

          Your only option is now taking it to the Traffic Penalty Tribunal for England:

          https://www.trafficpenaltytribunal.gov.uk/

          However you will need a certain level of evidence to present your case to the tribunal having read through some of the past ‘Blue Badge’ decisions on their website:

          https://www.keycases.info/contravention-types/parking/?issues=blue-badge

        Viewing 2 replies - 1 through 2 (of 2 total)
        • You must be logged in to reply to this topic.