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proceduralUK · England & WalesDifficulty: moderate

Disabled bay markings or order defective

A council disabled bay can only be enforced if it was properly set up by a valid council order and is marked correctly — including the correct bay markings, a 'Disabled' sign, and any time-plate. If the markings are worn away, missing, unclear, or the council's order setting up the bay is faulty or out of date, you have not broken the rule and the penalty charge notice (PCN) cannot stand.

Legal basis

Traffic Signs Regulations and General Directions 2016 (SI 2016/362); Road Traffic Regulation Act 1984; Traffic Management Act 2004 Part 6

How to identify this in your case

Is this you? You received a PCN for parking in a disabled bay, and when you look at the bay, the markings are faded, incomplete, or unclear — or there is no 'Disabled' sign or time-plate where one should be. Alternatively, you have asked the council to provide the order officially designating the bay and they cannot produce one that is valid and current. Take photos of the bay markings, the 'Disabled' sign, and any time-plate, and ask the council in writing to supply the in-force order for that bay.

Sample appeal wording

formal

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Traffic Signs Regulations and General Directions 2016
  • Road Traffic Regulation Act 1984

Related appeal grounds

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