Received a PCN for unloading in a disabled bay - representation rejected. PLEASE HELP!!

[Proudie]

Hi all,

I recently received a PCN whilst unloading my car outside a venue I was due to play a gig at that night. My car was parked immediately outside the doors to the venue but was parked in a disabled parking bay, The venue was 'The Victoria' on John Bright Street, Birmingham, B1 1BN. Because I’m a new user of these forums I can’t post a link but you can see it on Google street view.

I was unloading a drum kit and several amps so, having checked that there were no loading/unloading restrictions in place I parked there as it seemed the most sensible place. When I left the building after carrying the last items up I found a parking attendant in the process of issuing me a ticket. I advised him that I was unloading, he seemed unmoved and said that I should have parked on the double yellow lines - this in itself seems pretty ridiculous as I don't think a contravention has taken place anyway.

Since then, my representations have been rejected by the local authority and I must either pay £70 or appeal to the independent adjudicator. They claim that "A bay marked for disabled badge holders may not be used for any other reason. This is in accordance with road traffic legislation". I think this is incorrect, I've read the road traffic acts, checked the highway code etc and can't find any piece of legislation that backs them up on this. Their own guidance even states that they may accept a challenge if "Goods being delivered or collected were heavy, bulky, or numerous and it would be unreasonable to expect them to be carried from a ‘legal’ parking place" and that they would only reject the challenge if it was issued "On school ‘keep clear’ zig zag markings, On bus stop clearways, On Taxi ranks, On Police bays, or Where loading is prohibited".

I'm planning to appeal but wanted to ask if anyone here could help me with clarification on the regulations regarding disabled parking bays. I've searched high and low for information but can't find anything that says that you can't unload in a disabled parking bay - I am under the impression that you can load/unload anywhere as long as it isn't explicitly prohibited either by markings on the kerb or a sign. Is this right?

[Jamberson]

I think you'll find they are correct. You can't load or unload anywhere - just where permitted, which is yellow lines (provided there are no additional restrictions) and loading bays. I think some councils might allow it in permit bays too - but not disabled bays. The right to load/unload would be an exemption to the parking restriction, and if they haven't exempted it, then you can't stop there.

[Michael Browne]

Civil enforcement officers handbook:

 

http://www.londoncouncils.gov.uk/policylobbying/transport/parkinginlondon/ceohandbook.htm

 

Loading/unloading is allowed: Page 37

[Jamberson]

That document is for London though, whereas the PCN was issued in Brighton - I think they have different rules in different areas.