I may be barking up the wrong tree, but can you resign and claim constructive dismissal and then explain the circumstances with regard to the nervous breakdown and the mitigating circs of the theft? Good luck.

Does anyone know if the new rules will apply to existing policies?

Hi folks, I do believe that along with the contract not being contrived, if you can prove that you would invest in the flat and rent it out commercially and just prefer to do so to your mother, there would be little to argue about? You are a landlord, who is renting to a family member under the exact same contract, rather than a stranger! Good luck. JQ

Thank you for your response, Green and Mean, no it was not the intention. As far as I was concerned I was indicating my disability, not claiming to park under the scheme which as I understood it did not apply. Nor was I evading payment, nor did I have a limit to how long I could park. I merely wished to park nearer to the lift in order to ease my pain and suffering, nothing more! Thus, it is my opinion I am being penalised for being disabled! I am not gaining anything from parking in this bay, apart from a shorter distance to walk in pain? Should this be penalised! Most of the bays were empty, so it is not as if I was depriving someone with a "valid" badge from parking and thus caused anyone else any suffering; and I paid and displayed, therefore the car park earned from my parking. What they would like to do is earn more from my disabilities and there unclear T&Cs! There is no sign stating that in that car park the rules that you linked me to apply. Surely one should have that under the terms and conditons if one seeks to apply it? It states a disabled badge holder, not a "valid" badge holder, as per the scheme! My Disabilty Living Allowance is awarded indefinitely so it is not as if my entitlement has lapsed, nor my disabilities eased, I have been too stressed and overwhelmed with everything that is going on around me that I have not been able to renew my badge. They have had the paperwork by email, but there is no way of paying by card, by telephone or online. I have to pay by cheque, which I do not have; or by postal order, whichis a more effort and costs more still. It may only be a small amount extra to pay, but the effort involved with my stress, disabilities and brain condition is just too much at present! It is on my long to do list that gets longer, rather than shorter each day! If the little blue book that comes with your badge states that the scheme does not apply in off-street car parks, then how does one know, in the absence of T&Cs stating otherwise? My ticket was purchased from a barrier machine, the T&Cs stated there are so small I cannot read them, unless I were to kneel down, which as a disabled person I cannot, nor do I expect to do to have to; and those that are there still only state "badge holder" no mention of valid and given that the scheme is normally not applied in off street car parks, I do not consider myself "bang to rights". However, it is interesting to read the link, but that should be posted in the car park, particularly on the disabled bays if it is to be applied!

Anything else? Anybody? JQ

Hello again DBC I have just come across the Thornton V Shoe Lane case, does this apply to my ticket if the correct signage of the requirements of the blue badge scheme are not displayed readily and I have entered via a barrier ticket machine outside on the road and then inside the multistorey car park I have parked, thinking it is not the same as parking on the highway; and as per my blue badge scheme indicates? Thank you for your input. JQ

Thank you for that DBC, do you know if this has always been the case? Surely if this is possible then it should be explained in the rule book? I thought I was within the rules of the scheme, as I interpreted it and as it did not have any further explanation visible in the car park or an update in the law notified to me, how could I possibly be aware of that? JQ

Hi All I have just found my Blue Badge Scheme Booklet that came with my disabled badge and quoted under No 6 Where The Scheme Does Not Apply, it states "The scheme does not apply in off-street car parks". Therefore, does this mean that I have been charged erroneously?? Furthermore, the only mention of misuse or criminal offences is with regard to those who ARE NOT disabled. Not those who are and do not have a valid badge! My badge may have expired, but my Disability Living Alllowance is awarded indefinitely. So, not only did I pay for my parking, I am disabled and displayed a badge albeit out of date, it appears that I am actually being penalised for being disabled and parking near the lift? Please may I have some comments on this, because if this guide is correct my badge is not valid in the car park anyway? JQ

Oh & yes it was out of date, but becsuse I wasn't on the highway I didn't think it mattered, I had to pay & there was no limit to how long I could park! Perhaps I was stupid, I don't know? Am I the only person who thought that way? I thought it was a private car park & thus was not "policed" in the same manner. I thought it was convenience to park nearest the lift, I didn't think it was law! Not only that most of the spaces were empty! JQ

Hello & thank you for your response. I don't have a good memory due to a brain issue, but I thought the original ticket was for the badge not being correctly displayed because the clock coveted the date. However, I can't remember where I put the ticket! JQ

Hi Folks I have tried to attach the photos, letters etc and below is my email representation:- Dear Sirs I write regarding the above numbered PCN to request that it be reviewed. I am charged with my blue badge being obscured. I did hastily display my badge on the dashboard, almost throwing my blue clock up too, not actually realising that I needed to be as vigilant about placing my badge as clearly as one does on the street. I thought in a multi storey car park it would be more about showing that I was disabled than being exactly as one must on the street, because it is not a public highway? My apologies for not understanding the situation, but my main thought at the time was to be as near to a lift and central as possible for ease of shopping. Normally I would have my daughter with me to do the physical stuff, but she had been admitted to the Acute Medical Ward in St Richard's Hospital in Chichester following an acute asthma attack. She was kept in on oxygen, a nebuliser and steroids etc etc. This left me to sort out the shopping by myself in total agony. This was not what we had expected and coupled with the worry of my daughter's poor health and whether she would actually be at home for Christmas, I had to physically do all the things that she was going to do with me, by myself. I did not check the position of my badge before leaving the car, as I explained I thought it was more about showing I am disabled rather than a legal requirement as is required on the highways. I did pay £9.60 for my parking, as per ticket no 6201/055282800/016203. I did not try to evade paying, nor intend to park illegally. I was in agony and I had to park as centrally as possible, because I knew it was going to be a long, arduous, pain filled shopping trip, with no assistance and I had to make the best of the situation! I wanted everything done so that if they did let my daughter home for Christmas, she would not feel obliged to try and help. As it was they eventually let her home later on Christmas Eve with strict instructions as to her breathing and medicine. Her condiiton was dangerous and any minor deterioration would involve an immediate return to hospital; and judging by today's standard, she may well be back in this evening! Please review this ticket and realise I did not intend to do any harm, I just wanted to indicate that I was disabled and that is why I parked there at put my badge up as I did. I nearly did not put my blue clock up, because I did not see it necessary when I was paying for my parking and I could stay as long as I wanted. There was no restriction/time limit to which I had to adhere, so I did not deem it necessary, but just popped it up at the last minute. Thank goodness I did or that would have been another contravention! Please have some compassion for an already stressed, painstricken person facing an awful Christmas with an extremely sick daughter and please cancel this ticket. Many thanks. Kind regards. I hope it has worked? Any comments much appreciated! JQ PCN NOTICE OF REJECTION OF REPRESENTATION PAGE 2.doc PCN NOTICE OF REJECTION OF REPRESENTATION PAGE 3.doc

Super, thank you Jambersome, I will give it a go! Watch this space! Lol! JQ

Thank you. I will scan in paperwork tomorrow, when I have worked out how to blank out the details!! I know how to change a word doc &then save as pdf, but I have a page of photos from council & I assume I will have to scan in as a pdf, which I will not be able to change? Or am I being a bit dim? Then I will work out how to upload them. Lol! Thank you for your input thus far. JQ

Hi Al27 Yes it does, it states Re: Notice of Rejection of Representations - Traffic Management Act 2004 - s78; Civil Enforcement of Parking Contraventions (England) General Regs 2007; Civl Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007. It also states that my representations were considered in accordance with the said act and that the PCN was correctly issued and legally served in accordance with Reg 9 of the Civil Enforcement of Parking Contraventions (England) General Regs 2007. Sounds all very legal and above board, albeit in my opinion, jolly unfair. Do you have any ideas? JQ

Oh and it is £70, which will become £105 if not paid or appealed! JQ

worthing west sussex!

Also, thank you for your swift response! In the Notice of Rejection "Parked in a designated disabled persons parking space without displaying a valid disabled persons badge in the prescribed manner" I cannot remember what it specified on the ticket I have put it in a safe place and cannot find it!! They checked to see whether it was in date! JQ

Thank you for your swift response. It is NCP on behalf of council? JQ

Hello Everyone Please does anyone know whether the same rules apply in a multi storey car park for parking in a disabled bay as on the highway? I am disabled and parked in the disabled bay and paid for my parking(£9.80). Unfortunately my disabled badge was out of date, but I did not think that in a multi storey car park it would be the same rules as the highway? I paid for my parking, I was not trying to evade payment, just to indicate that I was disabled. I was in agony and I wanted to park as near to the lift as possible. Normally I would have taken my daughter with me to assist, but it was Christmas Eve, shopping had to be done and she had been admitted to hospital following a massive asthma attack and we were unsure whether she would be home for Christmas. Therefore, I was left to do the last minute shopping by myself. What a lovely present to come back to after a long, painful shop, for which I paid? The sign said "Ristricted parking disabled badge holders only", unlike some that say "valid" badge holders. I am a badge holder, just an out of date one! Any thoughts would be very much appreciated. I have tried to appeal and they are not having any of it. I have explained the circumstances and they do not care. I have just had to pay a ticket in a council car park for not being exactly in the white lines (free parking with a disc) and I loathe to be caught out again for a minor issue. I could not park in my white lines because the car adjacent was squint and over my lines! JQ

Hi, just a thought, this may be long resolved, but surely to be found guilty of Culpable Neglect one must have had the means to pay and have KNOWN one had to have paid it to have culpably neglected to do so? JQ

Hello ss002d6252 I am quite interested in this point, I am considering requesting a Judicial Review or perhaps applying to the High Court regarding my Council Tax Liability Hearing, although I believe I am out of time for the High Court, but hopefully have good reason for being late, one being that I have been challenging the Tribunal by email to no avail up until Christmas. I have been charged with the council tax for a house of which I am the freeholder, but I have not lived in since March 06. My daughter lived in it and was a full time student. I paid c tax in full and business rates on my actual residence, which is a guest house and needed managing and me on site to comply with Fire Regs. The Tribunal not only deemed that I had an intention to return and therefore it was my sole/main residence, but also that for the period that my tenants who occupied thereafter for 5 months and did a bunk owing me rent and having wrecked the house, I had to pay that too!! Thus both the sole/main residence rules and the hierarchy rules mean nothing as long as they get their money!! I was unable to explain myself properly at the Tribunal because the night before my daughter had attempted suicide and I was distraught. Also, she was my main witness and I had not had prior disclosure of the council's submission, so I had no idea what I had to prove/disprove. As far as I was concerned I was already responsible elsewhere and surely I can have only ONE main/sole residence? Any comments/pointers/advice would be much appreciated? JQ

Hi Folks, Just a thought, but logically, surely the heirarchy rule comes in to play here, ie, that the resident freeholder is higher up the pecking order than the non-resident freeholder and thus the daughter should be responsible for the account; and being a student along with student sharers, exempt? Not that logic comes into it, because I am fighting the sole/main resident case for where my daughter lived (well effectively lost it unless I can sort out a Judicial Review!). I moved out in March 06 and have not spent one night there since, and I HAVE paid full council tax and business rates on my main residence, which is dual banded! Still they deem that I have to pay because it was my intention to return! Out of curiosity, can one have two main/sole residences? I do not think so. Good luck anyway. JQ

Hi JonChris, I know this sounds stupid, but did I PM you? I cannot find in my sent box or a reply I have lost everything and it was a year ago!! It has been a traumatic year and I am not further forward, I have had a Valuation Tribunal and loss and the court case hinged on this. Do you have any information on sole or main residence, or example cases? They are saying the appeal property was my saole/main residence even though I have not spent one night there since March 06 and I have a sole/main residence! I was not at all able to concentrate on the day, it followed a night with ambulance and hospital following a failed suicide attempt by my daughter. Not only was I distraught, but she was my main witness as the resident occupier of the property and a student! I tried to PM you today, but couldn't work out how. Apologies my brain does not function properly at all, too stressed. JQ

Hello I had to move out of my house and into my guest house when the woman managing it moved out, that was March 2006. I registered for the Council Tax there, as well as the business rates that I was already registered for (even though I have no "seperate self contained accommodation" I have to pay both). My daughter stayed on in the house alone, she was a full time student. She rang the council to tell them that she was the only one living there, but they did not tell her about getting student exemption certs. After much time, stress bailiffs etc etc, I furnished the certs. They would not accept them. Firstly, I checked everywhere I could to find to see whether there was a legal backdating limit, I could not find one. Then they said I had not mentioned I was not living there and that I remain responsible for the CT. They will not accept the student certs. I have a copy of my file because I am in court for culpable neglect (without a proper means test) for this period as well as the year prior which was the subject of CT Ben dispute. Apart from a chunk of missing information they have deleted, there is reference to my telephone calls stating that I was not living there and their subsequent checks with my current local council confirming that I have registered and paid the CT at my present address, the guest house! I have appealed to the valuation tribunal, but also, I have had tenants in after my daughter, (they did a bunk owing rent) and they will not accept that I am not liable for that time either, even though I notified them that there were tenants and I know those tenants had been in to ask them about H/CTB! They say I have to wait for the tribunal!? I have to say I have never dealt with a more obstructive, dishonest council in my life! JQ

Hi Please can you tell me where I can find this information in law? I mean the issue of the discount being backdated "either to the start of the account or the date she became a student, whichever is most recent". I have a student exemption issue! Many thanks. JQ