Council policy ? who cares ?
See the NPAS 2004 report
The Council’s discretion
Councils have discretion to decide at any stage in the proceedings not to enforce a
pcn
even if, technically, it was correctly issued. Many Councils need no reminding about this
and give real thought to exercising their discretion in cases involving disabled drivers.
Indeed most (though not all) have a policy of cancelling at least the first PCN issued for
displaying a valid badge upside down or in other circumstances where the Blue Badge
holder has contravened inadvertently and it is obvious that no abuse of the scheme has
taken place.
While such practices are sensible and commendable, each case must nevertheless be
considered on its own merits, including the particular facts of the original incident
compared to the one now being considered. As the Chief Adjudicator emphasised in
NG 254:
■ The purpose of the Blue Badge Scheme is to provide exemptions from parking
restrictions and some payments for those with severe mobility problems.
■ There is a general public duty to be sensitive towards those with disabilities and to
recognise that it may take some people longer to adapt to new procedures than
others. For the same reason it may be more difficult for some drivers to check how
their badge is displayed.
■ While it is recognised that there is considerable abuse of the scheme, Councils must
nevertheless always examine the evidence in the particular case to see whether, had
it not been for the minor transgression, the appellant would otherwise have been
entitled to the benefit of the exemption.
Some Councils have put in place a more formal system of issuing a warning notice
rather than a PCN the first time such a contravention occurs. In TR 191 the Council
decided not to contest the appeal when it realised that it had, in error, issued a PCN
which had not been preceded by a warning notice. The appellant’s subsequent
application for costs was refused.
Badge holders must be prepared to comply with the Council’s reasonable investigations
when the exercise of discretion is being considered. In SN 169, the vehicle was parked
with no badge on display. The Council said it would consider exercising its discretion if
the appellant produced a copy of his badge but, despite being a genuine badge holder,
the appellant did not do so. The appeal was
dismissed.
With many Councils handling issues of discretion involving disabled drivers so sensibly
and sensitively, it is disappointing that a minority continue to take an extremely hard
line with Blue Badge holders, which many Adjudicators consider to be wholly
unjustified in the context of decriminalised parking.
In CF 242 (an appeal which was allowed following consideration of the evidence
because the contravention had not been properly established), the Adjudicator said:
"Whilst a Parking Attendant cannot ascertain whether the badge is valid when only the photograph
side is showing such that a PCN can reasonably be issued, it is nevertheless surprising when a
Council refuses to cancel the PCN once they are satisfied that the badge is indeed valid and that it
was the badge on display at the time of the incident."
In PL 1189 (appeal dismissed) and PL 1515 (appeal allowed) the Adjudicators found it
necessary to remind Plymouth Council of its power to exercise discretion. Similarly, in
BP 90, where the evidence showed that although the badge had been displayed the clock
had fallen down, the Adjudicator dismissed the appeal but said: "Some Councils have a
policy of exercising their discretion favourably towards disabled motorists for a first contravention
where (as here) the error was unintentional – on the basis that a second similar contravention would
be less likely to receive sympathetic consideration. I do not know whether Blackpool Council have
such a policy, or whether the Appellant would on this occasion be covered by it – but I remind the
Council that, having established that the PCN was correctly issued, they retain a discretion to waive
the penalty charge in appropriate cases."
In PL 1205 the Adjudicator (having allowed the appeal for other reasons) said that "the
Council should not be seeking to issue PCNs to holders of valid disabled permits where it is clear that
some confusion or error has occurred and that no abuse of the scheme has occurred. This is clearly
not what the decriminalised parking enforcement powers were intended for."
NPAS hopes that the minority of Councils who follow such unrelenting policies in
relation to Blue Badge holders will in due course see fit to revise them.
The Adjudicators recognise that Councils have a difficult task in dealing with abuse
of the Blue Badge Scheme. However the complex problems involved in parking
control and enforcement should not have the effect of frustrating the purpose of
the scheme. An open and structured system for the consideration of
representations relating to disability will ensure that Local Authorities are seen to
be actively promoting equal treatment.
In order that challenges in relation
to contraventions of the Blue Badge
Scheme can be responded to by
Local Authorities in a robust
manner, Adjudicators recommend
that all Local Authorities ;
1. Ensure that all staff involved in
the parking enforcement process
receive relevant and regular
training in relation to the
operation of the Blue Badge
Scheme and that such training
encourages and supports a
sound understanding of
disability issues.
2. Formulate clear and concise
protocols and guidance for
dealing with representations
based on disability, and ensure
that they are implemented,
monitored and reviewed at
operational level within parking
departments.
Need advice desperately WON, congratulations! **WON**
Originally Posted by rapunzel
