[Alan H]

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.

Topic

[kezo]

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/

[BigDave]

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.

Alan H wrote:

thinking that unlimited parking was allowed

Alan H wrote:

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:

Alan H wrote:

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

Alan H wrote:

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

[kezo]

Alan, have you received the Notice to Owner letter yet, which would contain a offer (typically 50%) off the orginal charge?

Unless, your 0ver 90% sure of a sucessful appeal and have photographic, I’d seriously consider paying the reduced charge, just to see the back of it!

By doing so, should not change your FOI request.

[ajn]

Few weeks ago I parked in Tenby town centre..

Tenby town had a few functions on early in the week, most parking bays were SUSPENDED for the town functions…
However after the events were done and dusted, the restrictions (at the time in be known to me) remained in place to the following week.

I parked up 38 mins cost me £35, the warden was waiting in the doorway across the road, drinking a Greggs coffee 😆.

I pointed out it’s a disability badge space, in which he pointed to the sign two cars behind me stating the above..

I said oh thanks for not pointing it out as I stopped, but couldn’t quite catch the polish accent from across the road, whilst swigging coffee, however this week was advertised free parking at Tenby throughout the Town…

Glad some might benefit from it though..

[CF21LEE]

I park on Torquay sea front regularly opposite Abbey Park the disabled bay is 4 hours but parking in the normal bay with a blue badge there no restriction so that’s what I do now.

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