Painted letters can mislead even careful drivers, and one confusing bay just proved it. In Western Place, Worthing, a mother of two parked by a large “disabled” marking and later faced a penalty. Her appeal succeeded because the road paint clashed with the zone’s rules. The adjudicator accepted that reading was reasonable and asked for clearer signs. The case shows how a badge can seem valid where a residents’ permit actually applies. Confusing layouts then keep creating costly mistakes.
Why a badge seemed valid in this bay
On 12 September, Olivia Keen, 34, stopped in Western Place beside the word “disabled” painted across the space. She lives with ME, a chronic fatigue condition, and relied on her disabled parking credential. A civil enforcement officer issued a £35 notice, rising to £70 after 14 days, despite the marking.
Worthing Borough Council rejected her first challenge. Explanations kept shifting, according to her account. One response said the painted word had been blacked out and no longer applied. Another said the space was a dual permit bay needing a residents’ permit as well. Yet no roadside plate explained anything visible.
The parking adjudicator later cancelled the charge. The decision noted that the carriageway marking could reasonably lead a driver to think a disabled facility applied. While the surrounding zone restricted resident permit holders, missing or unclear plates mattered. Her displayed badge aligned with the paint, so the confusion was understandable.
How advisory bays differ from enforceable spaces
In England, authorities mark some on-street spaces as advisory disabled bays. These bays are goodwill arrangements rather than restrictions. Anyone may stop there, because no legal order backs them. By contrast, enforceable bays sit under a traffic order and a signed plate. Enforcement officers can then issue penalties.
The Western Place space fell inside a residents-only zone, so the principal rule required a local permit. Because the word “disabled” remained painted, drivers could read it as a facility. Without a clear plate at eye level, people assume the paint matches the rule. That mismatch keeps creating conflict.
Where councils install plates limiting a bay to holders of the official disabled permit, enforcement is valid. The Worthing case turned on the opposite situation: clear paint, unclear plate. Drivers value design that matches decisions, because consistent cues prevent error. Her badge matched the ground text, not the hidden rule.
What the adjudicator found and why it matters
The Traffic Penalty Tribunal reviewed her evidence, the zone order, and photos of the markings. The adjudicator concluded that the road lettering made it reasonable to believe the bay served disabled drivers. The decision noted that a missing plate could be read as absent, not evidence of a courtesy space.
Worthing Borough Council said plates beside the bays make the residents-only rule clear. The motorist parked without a local permit, they added. After the tribunal’s direction, the authority cancelled the charge. The outcome does not rewrite the zone; it clarifies how a badge and paint can mislead in practice.
Olivia Keen wants advisory bays to carry plates so expectations match rules. She argues the person parking should not have to decode markings and shifting explanations. In her case, officials gave four rationales over time. A plain, posted message would have prevented the back-and-forth and the wasted administration.
Where a badge is enough and where it is not
Two bodies share responsibility in Worthing. West Sussex County Council sets on-street layouts and manages plates and markings. Worthing Borough Council enforces restrictions. County officers in parking strategy plan to review the location, a statement said. That division works when markings and plates align; confusion grows when they don’t.
When paint, kerb plates, and zone boards tell the same story, drivers comply and disputes fall. Clear entrance signs set the tone, while plates on each bay remove doubt. Crews must also cover or remove outdated markings during changes. That routine housekeeping protects residents, visitors, and stretched enforcement teams.
Advisory bays complicate that alignment because they invite courtesy, not enforcement. If councils place them inside resident zones, design must highlight the principal rule. A plate at eye level, backed by fresh paint, reduces error. The cost is small compared with cancelling notices when a badge appears compliant.
Practical fixes to stop repeat confusion
Start with an audit of disabled markings inside resident zones, then prioritise the most ambiguous places. Replace worn paint, install plates, and add arrows on long bays. Publish a simple map that matches signs. Residents appreciate advance notice, because it prevents disputes and supports carers who rely on accessible spaces.
Next, share short guidance across council channels so visitors understand the difference between courtesy bays and restricted zones. Visual aids beat dense policy pages. Car-park posters and quick reels work better. Mention that a visible badge never overrides plates in resident areas, because the zone rule always takes priority.
Finally, set a quick review process when complaints highlight mixed cues. If a location generates repeated confusion, crews should visit, document, and fix within days. That cycle keeps trust high, while tribunals deal only with edge cases. Fewer cancelled penalties save money and time for everyone locally.
Clearer road messages would spare drivers and strengthen fair enforcement
Confusing layouts invite honest mistakes, then waste time for drivers and councils. Worthing’s case shows how one painted word, set inside another rule, can push people into penalties they never intended. Simple fixes change outcomes fast. Matching plates and markings, plus quick reviews, will protect disabled visitors and residents. A displayed badge should never become a guessing game when the rules can be designed to speak the same language, at speed, on every street.