A blue badge holder was celebrating winning her appeal after harshly being slapped with a fine for parking in an advisory disabled bay. Olivia Keen, 34, parked in the bay in Western Place, in the West Sussex seaside town of Worthing, after spotting it had a clear “disabled” road marking.
But she was shocked when sent a fine on September 12 claiming the bay was an advisory disabled bay, which means anyone can park there, and in a resident permit zone – and she had no resident permit. Worthing Borough Council rejected her appeal but the government’s parking adjudicator has now ruled in her favour, stating that her “misunderstanding about the signage and the restriction in force was understandable” because of the lettering on the road. Ms Keen, who lives with ME – also known as chronic fatigue syndrome – now says she wants signage to be put up on advisory disabled bays to make it clear.
The mother-of-two added: “The burden of proof can’t be on the person parking, who is just going to see the word ‘disabled’ on the road.
“I questioned it because it said ‘disabled’ on the space, [but] the council told me four different arguments. They said the word ‘disabled’ had been blacked out and was no longer in use.
“They then said it was a dual permit bay, so you need a resident permit and blue badge.
“But there was no signage. I don’t know how anyone can deduce that it wasn’t a disabled bay [if you were parking there]. I want them to address this bay so this doesn’t happen again.”
In England, councils have advisory disabled bays which are intended as a courtesy for blue badge holders.
But anyone can park in them and they are not legally enforceable. However, disabled bays with signage stating “disabled badge holders only” are enforceable.
Ms Keen received a £35 fine, which would rise to £70 if not paid within 14 days.
A Worthing Borough Council spokesperson said: “The motorist in this case parked in a resident-only controlled parking zone without a valid permit. Signage next to the bays is clear that this is a resident parking-only area.
“On this occasion a Traffic Penalty Tribunal Adjudicator has ruled that the motorist made a genuine error in parking in a restricted bay so has directed us to cancel her penalty charge notice, which we have done.”
In its response to the case, the adjudicator said: “It is my finding the carriageway markings are sufficiently clear for Miss Keen to have believed she had parked in a disabled bay.
“Although a sign indicating the disabled badge holders restriction was not present, I think it is possible to consider the sign was missing rather than this was an advisory disabled bay that relies on the courtesy of other drivers – and is not legally enforceable – and where the principle restriction is a permit holders restriction.”
West Sussex County Council (WSCC) determines who can park where with on-street parking in the town. It is also responsible for signage and marking of the bays. While the borough council is responsible for enforcement.
A WSCC spokesperson said: “Officers from our parking strategy team would need to examine the circumstances of this particular case as well as assess the site in question before we are able to comment any further or decide whether any future action is required.”
