Blue badge holder gets fined in 'disabled' bay

A blue badge holder has won her appeal against Worthing Borough Council after parking in an advisory disabled bay

A blue badge holder who received a fine for parking in an advisory disabled bay has won her appeal.

Olivia Keen, 34, parked in the bay in Western Place, Worthing, which had a "disabled" road marking, but she received a fine on 12 September because it was in a resident permit zone and an advisory disabled bay, which means anyone can park there.

Worthing Borough Council rejected her appeal but the government's parking adjudicator has 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 says she wants signage to be put up on advisory disabled bays to make it clear.

"The burden of proof can't be on the person parking, who is just going to see the word 'disabled' on the road," said mother-of-two Ms Keen.

"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."

Western Place in Worthing near the seafront

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, who lives with ME - also known as chronic fatigue syndrome, 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."