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Help! PCN even though displaying blue badge


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Hi to everyone at CAG.

 

Last September my partner took his mum, dad and aunt to a funeral. The funeral was for my partner's aunts son. He parked in the church car park in a disabled parking space. His dad put the aunts blue badge on the dashboard ensuring (so he insists) it was showing correctly. My partners aunt is blind in her 90s. Obviously a difficult time for her, attending her own sons funeral (it was very sudden he was in his 50s). My partner has not used a blue badge before, and relied on his aunt's knowledge (difficult when blind)

We appealed and described the above. We have now recieved a letter to say the appeal has been rejected and the fine is now doubled. The letter said the permit was displayed with the photo upwards not the serial number. To be honest the situation was really emotional and not as much thought as usual was given to the display of the badge.

 

Do you think we are able to appeal, or because it was upside down (which no one realised having no experience of blue badges) we have to pay up.

 

I would appreciate anyone advice.

 

Many thanks

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Assuming its a Council ticket not a private parking ticket there is little point in appealing further on this point alone since the badge does need to be displayed with the date/serial face up and the Council have already rejected your mitigation. If it is a Private parking ticket read the posts at the top of the board.

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I would advise that you send a freedom of information request asking for photographic evidence of the alleged offence before making the next step.

 

There is no legal requirement to have a photo of the badge so even if they don't have it will do little good. Usually the PA will note the name of the BB holder which is on the back as proof its upside down.

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Guest Claims Management Centre
There is no legal requirement to have a photo of the badge so even if they don't have it will do little good. Usually the PA will note the name of the BB holder which is on the back as proof its upside down.

 

I suppose it depends who the Parking company is. In our area it's ParkRight and they take photographs of the vehicle in situ and should obtain photgraphic evidence of the offence, therefore they would take a photo of the badge in its incorrect position.

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Hi

 

Thanks for the information so far. - It was in a counci car park.

 

The badge in question is a European Communities model with UK stamped on it. On the picture side it says ' card is to be displayed at the front of the vehicle in such a way that the front of the card is clearly visable for checking purposes. On this side is the photo, the name and a number. This led my father in law to believe that this was the right way up. There is no words on the card that say this way up on either side (unlike other cards I have seen).

 

Surely unless you know the rules - where would you find these? The lady who is 90 and blind thought that was the right way up, and to be hones tlooking at the wording I would belive picture up would be correct?

 

Anyway I will appeal, we'll see what hapopens. Thanks

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A majority of Councils will let BB holders off for this misdemenour on the 1st occasion once you provide proof its not expired. The BB holder is responsible for use of the badge and they get a booklet with it explaining the rules. The law does state that the badge must be face up to be valid, as with most offences ignorance is no defence. It does make sense to have it face up since the back does not have the badge issue no. or expiry date making it impossible to tell if its valid on inspection. I think the new style badges that came out in Oct '07' have display this side up printed on them to avoid confusion, my local Council ones do anyhow.

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