Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

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  1. #1
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    Default misuse of blue badge holder

    Hi,
    i would like to find some one to get some advice on misuse of blue badge holder.could you please help me on it.


  2. #2
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    Default misuse of blue badge holder

    Hi,could you please some one who has information of formal interview at council office ,under caution in accordance with the police and criminal evidence act 1984 say to me what happen there for those are suspected to misuse of disable badge.as my father come to me for some times and over these times i have to park my car at the nearest place in disable badde holder place at the street.however i pick up or get off my father infront of my place and then i park the car ,therefore if they have some recorded film of me it shows i am alon when i am using blue badge but infact as my father can not walk he was got off the car and then i parked.i would like to find out if they have any recorded film do they inform me by letter before interview of they say to me at the interview and also how can i prove it to them that i used that just for my father.i appreciate your help.


  3. #3
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    Default Re: misuse of blue badge holder

    Hi,

    My understanding (my boyfriend has a blue badge) is that as long as you have the blue badge holder in the car with you, even if you drop them off to park somewhere else, that is not misuse. The badge goes with the holder, not just with the holder's car.

    Maybe this can help: Blue Badge Scheme Information From Direct Gov Website - click here

    Hope this is of help.

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  4. #4
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    Default Re: misuse of blue badge holder

    Moved to General Knowledge forum

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  5. #5
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    Default Re: misuse of blue badge holder

    (2) An individual's badge may be displayed on a vehicle while it is parked if it-


    (a) has been driven by the holder, or has been used to carry the holder, to the place where it is parked; or



    (b) is to be driven by the holder, or is to be used to carry the holder, from that place.


    If the holder is not there when parked you are guilty of misuse.


  6. #6
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    Default Re: misuse of blue badge holder

    I thought it depended on where you dropped him off, for instance a few yards away for easy access okay and then you park up, but further and then picking up disabled user from another spot away from car parked would negate the need for use of disabled bay. I mean you could park anywhere and then drive to your father on return walking to and from the car in between trips, no offence but surely a disable bay could be left for the less mobile and you could park nearby. I had friend who used one daily and it is hard enough to get a space for disabled who have to walk or use chair away from the actual car. I can see why they would question your need to use a bay and just saying no parking nearby for you wouldnt wash unless father in the car.

    I remember when my friend died at my house, not only did his hideous family ask me a friend did I know where he hid his bonds and money in his bungalow, they were in there raiding it at the time, and bearing in mind he still wasnt cold on my sofa in front of me, they also asked could I get his disabled badge for them as they could make use of it. I wanted to be sick honestly, they saw disability as a badge and comodity and claimed in case of sister for bad back she never had or only used the stick when going to the doctors put it that way. Thing is because these people exist and I am not saying you are one, the councils have to be careful and strict when they suspect abuse as believe me these users are out there.

    I made sure they didnt get the blue badge at least xx


  7. #7
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    Default Re: misuse of blue badge holder

    The whole point of the BB scheme is for disabled people to park near to their destination, if an able bodied person is driving they are perfectly able to park 'legally' ie without using the concession and walk so why would they need to use the BB? Its not meant to be a free parking permit for the entire family its to allow the disabled to park close to where they need to be.


  8. #8
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    Default Re: misuse of blue badge holder

    Quote Originally Posted by Hwyl56 View Post
    Hi,

    My understanding (my boyfriend has a blue badge) is that as long as you have the blue badge holder in the car with you, even if you drop them off to park somewhere else, that is not misuse. The badge goes with the holder, not just with the holder's car.

    Maybe this can help: Blue Badge Scheme Information From Direct Gov Website - click here

    Hope this is of help.
    If you drop them off the badge cannot then be used if you park elsewhere as the subsequent journey to the parking place is not for the benefit of the holder.


  9. #9
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    Default Re: misuse of blue badge holder

    Quote Originally Posted by green_and_mean View Post
    If you drop them off the badge cannot then be used if you park elsewhere as the subsequent journey to the parking place is not for the benefit of the holder.
    I stand corrected.

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  10. #10
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    Default Re: misuse of blue badge holder

    Quote Originally Posted by green_and_mean View Post
    If you drop them off the badge cannot then be used if you park elsewhere as the subsequent journey to the parking place is not for the benefit of the holder.
    It's not that straightforward.

    If I drop the blue badge holder off at the theatre and then go and park, then it is reasonable to use the badge for parking as I might have gone by bus or train if I was on my own or with a fully able bodied person. Perhaps at the end of the night, It isn't possible to get to the pick-up point with the car and so the badge holder will accompany me back to the car. Finally the nearest parking may be some distance away , so I would have to drive off to find it.


  11. #11
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    Default Re: misuse of blue badge holder

    If I drop the......

    Dont think that washes, sorry xx


  12. #12
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    Default Re: misuse of blue badge holder

    Fake britain on bbc one tonight with dom said it is an offence to use blue badge withough disabled person being physically in the car, so dropping off doesnt work as reason to still use disabled bay when only able bodied in the car but still using badge.

    In fact it was quite sickening realising how many fakers there were on the one road at the same time, so people genuinely helping a disabled badge owner need to make sure they understand the rules also or could end up with car being whisked away.


  13. #13
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    Default Re: misuse of blue badge holder

    Didn't see fake Britain.
    But on what you have written, seems a shame they didn't consider what happens when supporting a disabled person or indeed the blue badge scheme rules. Actually I am sure that it was to do with trying to simplify it because as you will see at the end, it’s all about the detail of the statutory instrument (or common sense reality).
    From the blue badge booklet http://www.direct.gov.uk/prod_consum.../dg_186198.pdf

    it states that you can use the badge if you are waiting for someone to return to the vehicle so if I drop granny at the day care centre and park in disabled bay outside to pick 'er up, then that is legit. If there is no immediate parking outside then it might mean parking on dyl nearby or in a pay and display bay. If granny cannot make the journey unescorted then you will see able-bodied me park with a blue badge, get out the and the car and stroll up the street to get her.

    My point in this and previous post is that the badge is not being used for my own use, it is being used to transport the blue badge holder and it is only that there cannot be a disabled bay outside every venue that the badge holder would use and that the badge holder does not drive which leads me to park without the badge holder in the car

    Anyway, I am pretty sure that these two references from the Statutory instrument bear be out.
    http://www.opsi.gov.uk/si/si2000/20000682.htm#13
    http://www.opsi.gov.uk/si/si2000/20000682.htm#14



  14. #14
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    Default Re: misuse of blue badge holder

    one you drop the person off ( blue badge holder ) and look for a place to park the right to the use is no longer there, you have to park in a normal parking place / area then when its time to pick the person up you reverse it

    if there was a place to park and you assist the disabled person , eg, take them shopping the the badge applies, then you park there put the badge up and park there

    the key point is when the driver is not the holder but assisting the badge holder they have no right to the badge's concessions once the badge holder has left the vechile and the diver continues to use the car


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  15. #15
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    Default Re: misuse of blue badge holder

    If the nearest available parking to the day care centre is 100m away. I will have a blue badge on the car because gran is with me. I will escort her to the centre and leave. I will hop and skip back to the car and get in. Anyone seeing will wonder why an agile person like me is getting in to a car with a blue badge but that is the difference between seeing a segment of the picture and the whole context.


  16. #16
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    Default Re: misuse of blue badge holder

    Quote Originally Posted by bribri View Post
    If the nearest available parking to the day care centre is 100m away. I will have a blue badge on the car because gran is with me. I will escort her to the centre and leave. I will hop and skip back to the car and get in. Anyone seeing will wonder why an agile person like me is getting in to a car with a blue badge but that is the difference between seeing a segment of the picture and the whole context.
    No the segment that only matters is wether you use a disabled bay and badge and get out the car with no disabled person with you. There is not need to use badge and bay when already dropped off person adn you put yourself at risk of fine if do due to the ammount of fraudsters out there there will be no sympathy more so now.

    Its only going to get harder for peolpe to get one if they are not being used to the letter. I understand the dropping off for ease but then you dont need a disabled bay to go back for car and pick up. Its just being used to avoid paying for parking in some cases.

    I mean I thought a few yards away dropping off was okay and am told not so also. Council round here are seeing alot of abuse happening.

    There is no arguing or justifying dropping off and still using badge, the whole picture is simply that it is being not used correctly and the space is being taken from someone else possible who might need to get a wheelchair out.


  17. #17
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    Default Re: misuse of blue badge holder

    Quote Originally Posted by loopinlouie View Post
    No the segment that only matters is wether you use a disabled bay and badge and get out the car with no disabled person with you. There is not need to use badge and bay when already dropped off person adn you put yourself at risk of fine if do due to the ammount of fraudsters out there there will be no sympathy more so now.

    Its only going to get harder for peolpe to get one if they are not being used to the letter. I understand the dropping off for ease but then you dont need a disabled bay to go back for car and pick up. Its just being used to avoid paying for parking in some cases.

    I mean I thought a few yards away dropping off was okay and am told not so also. Council round here are seeing alot of abuse happening.

    There is no arguing or justifying dropping off and still using badge, the whole picture is simply that it is being not used correctly and the space is being taken from someone else possible who might need to get a wheelchair out.
    I think you're misunderstanding what's being said. The way I understand it is that disabled gran is in the car when it pulls into the BB space, she is then escorted from disabled space to day care centre leaving an able person to walk back to the car in a disabled bay with no disabled person.

    I'd imagine it would be the same at collection time, an able bodied person parks in a disabled bay to collect a disabled person. In this case there is a genuine need to use the disabled bay.

    I don't know whether it's allowed or not but it seems to be a bit of a grey area as to whether it should be. It would be fine if this was the only reason it was done but with so many people abusing the system it causes problems for genuinely disabled people.


  18. #18
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    Default Re: misuse of blue badge holder

    No, not misunderstanding it. Just I hope the clampers and car removers are as understanding as you would think average person would be, thing is they are not as they will stick to the rules, disabled person not present at time of using blue badge,car impounded.


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    Default Re: misuse of blue badge holder

    Quote Originally Posted by dean069 View Post
    I don't know whether it's allowed or not but it seems to be a bit of a grey area as to whether it should be. It would be fine if this was the only reason it was done but with so many people abusing the system it causes problems for genuinely disabled people.
    Glad someone said that as I have a disabled daughter and sometimes have to park in a disabled spot when I am going to pick her up. What is the point of me parking two miles away when I will then have to pick her up and walk the two miles back with her? Surely the fact that I am parking to pick her up as a blue badge holder means that her badge is NOT being misused?


  20. #20
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    Default Re: misuse of blue badge holder

    using the badge to pick her up is allowed , the whole purpose of her having the badge, to allow her the shortest distance when she exits or gets into the car etc , so in your case / hers , you are correct using the badge in that manner

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