Jump to content

Sad sam

Registered Users

Change your profile picture
  • Content Count

  • Joined

  • Last visited

Community Reputation

1 Neutral

1 Follower

About Sad sam

  • Rank
    Basic Account Holder
  1. Dear All Thank you for the advice/debate. As I promised I would update you on the appeal process. As you can see the Adjudicator covered my argument points, as unsympathetically as many on here advised (truth hurts). This hopefully will assist others in a similar position as to what works & what doesn't. This appeal concerns a PCN issued for being parked in a designated disabled person’s parking place without displaying a valid disabled person’s badge in the prescribed manner. M******** has raised a number of issues including the position of the disabled bays in this
  2. The Council refer to my descrition as agaist Traffic Management Act 2004 S78. As I read it the TMA ONLY covers "management of road networks" not OFF road! FYI http://forums.moneysavingexpert.com/showthread.php?p=72053947 I look forward to your objective comments.
  3. Thank goodness back on track with sensible meaningful debate. I totally agree with your sentiment and position. Separately: Is it reasonable to go to the shops & demand you return home to get the badge you forgot to bring with you, when disability means it is a struggle to get to the shops in the first place? Or to just pay up? Waste of bandwidth? Or fraud prosecution for displaying a BB? Some of the vitriol spewed by some posters has been disgusting. Others in a similar position will read this and be so disheartened. Some with sever financial issue & some see
  4. On another site I have found specific references to applicable acts & presidential legal cases. I knew I was in the right. The Equality Act takes precedence over any 'contractual' term. As the judge stated the Operator had a legal duty to make a reasonable adjustment' for a genuine disabled person, that an Operator's terms & conditions to display a Blue Badge would circumvent the Equality Act 2010. Its a shame this threat was hi-jacked. If knowledgeable people had input it would have been done & dusted on page 1.
  5. With out those that challenge equal rights we would have none. Us disabled .... OMG. Sorry I do not believe your fable. Learn the definition of fraud. Its my badge, no fraud. If there are Equal rights to protect Disabled persons, how then have I done anything wrong. You write like a keyboard warrior. You are totally unbelievable.
  6. So eloquent. Clearly you have not read my first post. OMG talk about going of topic. I have a BB, so how do I relate to your solicitor friend.
  7. Did that as I stated & got nowhere, hence I asked for further advice. Its in my first post!
  8. Waoh, I didn’t expect some of the abrupt replies. I got a jist of the position and yes, I have sent of my NtO appeal. As I have previously said it would be nice if there was clear advice to the disabled to assist when parked, say in an instance where you forget to display your badge. I would have liked to see some precedents quoted, but not 1 has been offered, even though you refer to them! I asked for anyone’s knowledge re ECHR or Equality and Human Rights Commission, as other sites seemed to state that the BB position is not enforceable, if you are registered disabled. But the
  9. I must say I am surprised at some of the replies. This situation is bigger than this 1 instance. What happens when you forget to place your badge? Or your dog knocked it down. In any of the cases if you have the legal right to a disabled bay, why should a PCN be upheld. I agree and accept in any case were an officer cannot determine with certainty that a vehicle is being used for the carriage of a disabled person, it should receive a PCN. However once the authority receives proof that the vehicle was being used/parked correctly ie for the use of a disabled person then the ticket
  10. I found this. I cant get the whole link, but search researchbriefings.files.parliament.uk/documents/SN01360/SN01360.pdf Easy to read. CH 5 is interesting. There is no requirement as to the provision of parking in the Equality Act 2010. However, public bodies must not, in the exercise of their functions, “do anything that constitutes discrimination, harassment or victimisation” (section 29(6)). Is placing rule signage over 100m from allocated parking discrimination? The distance is further then the eligibility criterion for the BB! Beyond the question of
  11. Dear Disgruntled. You have spotted it exactly. The Sign in front of each bay is exactly as I have shown, JUST the Max stay 3 hours. In front of 5-10 bays is the advisory to lift access. There is No advisory to Blue Badge. Separately I reread the Blue Badge leaflet, which is quite clear (PG6): "A Blue Badge will help you to park close to your destination, either as a passenger or driver. However, the badge is intended for on-street parking only. Off-street car parks, such as those provided in local authority, hospital or supermarket car parks are governed by sep
  12. This notification is at the other side of the carpark, away from the disabled bays, in no way visible to disabled drivers and in the opposite direction to were the disabled are directed. Hence my position if you have rules or requirements should they be prominently placed?
  13. Please find attached the entrance sign and the bay parking sign. Nowhere does the car park imply BB requirement, until you get the PCN through as it states it were others pay. However the disabled are advised to walk in a different direction to were that BB advisory is. The carpark is gravel & the charge point is about 100m+ from the disabled bays. Any thoughts. Entrance & Bay Signs.pdf
  14. Dear Ethel Street I to have unsuccessfully searched for the same case with no joy. But Even UK law is clear, the provisions are for the Disabled, not BB holders. As a BB holder I am therefore registered disabled. Dear Jamberson Truth hurts, but thank you. I have just received the Notice to Owner. Hence your assistance would be appreciated. I found a detailed case. Hard reading, hopefully helpful to some. Brain still turning. Case No: CO/505/2002 THE QUEEN ON THE APPLICATION OF LORD MAYOR AND THE CITIZENS OF WESTMINSTER and THE PARKING ADJUDICATOR
  • Create New...