What is the situation with bailiffs and cars owned by blue badge holders?

[Ting]

This is a theoretical question.

We often get disabled clients who receive PCNs and then subsequently have bailiffs chase them.

Chris; what guidelines?

I believe the Guidance quoted refers to the towing of vehicles while actually in contravention. In your 'theoretical' situation I believe it is different. i.e. if someone has failed to pay/challenge a pcn or has been rejected then it's an entirely different situation. Not sure of the answer though.

There is actually a case on here at the moment. I'll try and find it when I get a minute.
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[Ting]

See previous post (5) by Micheal

Hmmm.

Careful. That is not a statutory instrument. It does make reference to legislation in places. I haven't read the relevant part recently but most of the whole document is advisory.
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[Ting]

Again, I stress that this is only applicable to vehicles while in contravention.

Civil Enforcement of Parking Contraventions General Regulations 2007 Part 3

Reg 13

Limitations on the power to immobilise vehicles

13.—(1) An immobilisation device must not be fixed to a vehicle if there is displayed on the vehicle—

(a)
a current disabled person’s badge; or



(b)
a current recognised badge.



(2) If, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (1)(a), the vehicle was not being used—

(a)
in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970(7); and



(b)
in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984(8) (use where a disabled persons’ concession would be available),



the person in charge of the vehicle shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) If, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (1)(b), the vehicle was not being used—

(a)
in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970(9); and



(b)
in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984(10) (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),



the person in charge of the vehicle shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[Ting]

For the circumstances you describe - where enforcement has progressed to a recovery stage by bailiffs then I actually don't personally know of any difference in the rules or particular exemptions.

In such cases it is far more worth to follow the correct procedure if there has been an impropriety on the part of the enforcement authority. Orders for Recovery can be overturned - with reason. If you are getting bailiff cases re parking contraventions then the facts should be discussed here apart from whatever you do in the debt forum. Better still and for more specific legal advice - err - that 'other' place.
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Oh I wish I could find that thread I mentioned earlier.!!!!
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