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London Clamping - WITH BLUE BADGE


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A dear friend of mine was visiting our great Capital a couple of weeks back, and her vehicle was clamped.

On full display was an up-to-date ‘Blue Badge’ (disabled persons permit).

On top of this ladies physical health problems she has anxiety and panic attacks. She wasn’t parked dangerously, nor in a specifically designated area etc.

She had only left the vehicle for 20 minutes whilst on a call of nature, & needed to get home to pick her children up from school.

 

After her initial panic attack, she called the number given to try to explain her predicament. The Clampers were – as we all know – totally unsympathetic to her health and that of her Childrens’ safety.

 

In the end, it seems that she had her ‘up-to-date’ Blue Badge in the wrong place on her dashboard top !!

I am also a Blue Badge holder (as I am sure a lot of you are). I cannot for the life of me see where it states that it has to be in a specific place.

My immediate observations are:

1/ Not all vehicles have a dashboard top/ledge/shelf that will take said Badges.

2/ VERY FEW disabled people will be able to reach across their vehicle to put or alter their badges etc or walk around their vehicle to do so - especially if holding anything or on crutches or the weather is inclement – to ‘meticulously’ place their badge, which is pretty evident wherever it’s put.

 

It took this lady 4 days to get her vehicle back, at a cost of hundreds of pounds (taxi’s, to’ing & fro’ing compound etc etc) as well as untold damage to her health.

 

Has anyone come across this before ?

Can anyone clarify this situation please ?

 

Thanks for reading.

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They cannot clamp a vehicle displaying a blue badge.

 

You need to clarify the 'wrong place on dashboard' issue.

 

Also please confirm she has been handed the PCN and appeal documents and please show them here ALL of it.

 

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Also, which London Authority?

 

Note, they may not clamp within 30 minutes of the PCN being issued. BB or not.

 

What costs were paid to the Council exactly?

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Do I take your lack of response to mean you don't want to pursue this?

 

If you can give the details asked for I am happy to refer you to the relevant legislation and advise on how to proceed.

 

???

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Hi TING:

 

many apologies,

 

1/ I'm not able to be at the computer a great deal

2/ I have asked the lady concerned for some more details with which to furnish you with.

 

I still don't have full details, but her husband has filled in a few bits:

The main one being that I made a mistake on the place of occurrence. This was in fact in Oxford. She had been to London, & I assumed that it was there that it happened.

 

She did get the 'appeal' notice etc.

 

Her husband looked on the 'net for details & said that he came across a site that said "to be valid, the blue badge must be located on the passenger side of the dashboard".

I can't find that,,,,,, & he can't recall the exact site at the moment.

I will put it here when he does.

 

All I find is that "the badge has to be on the dashboard or fascia, or in a prominent position".

 

Apologies if I kept you waiting,,,,,

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Well, as it happens, I got my new BB yesterday and with it came a booklet from the Dept of Transport, and it says:

 

How to display your badge

 

When using the parking concessions you must display your badge on the dashboard or facia panel, where it can be clearly seen through the front windscreen. The front of the badge should face upwards, showing the wheelchair symbol.

 

If there is no dashboard or facia panel in your vehicle, you must still display your badge in a place where it can be clearly read from outside of the vehicle.

So there you are, no sign of the passenger side, as I expected. ;-)

 

I think the main thing we need to know is whether this was a Local Authority or a private clamper (I'll bet on the latter). If the former, then appeal according to the correct procedure, if the latter, then prelim giving them 14 days to repay or your friend will take them to SCC. No point in pussyfooting around.

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I would say that your friend has a strong case for bringing a claim for discrimination contrary to the Disability Discrimination Act as well; either under the goods and services provision, or the public authority provision, depending on the nitty-gritty circumstances.

 

Once you furnish us with fuller details, I can post some information on this. We need to see the information shortly though, the aggrieved has six months minus one day from the incident to bring such a claim.

 

SV

If I've been helpful, please add to my rep. :)

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You know, not everything that goes wrong for someone that is disabled is discrimination!

 

These clampers are just low lifes, they are not discriminating against the OP's friend because she is disabled, they are just trying to make a quick buck!

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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absolute nonsense, your argument in your first post might bear more weight if you disclosed the total number of each type of vehicles were clampled and then dismissed on appeal.

 

Lies, damned lies and statistics

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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There is definately a policy of targeting BB holders.

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/158281-what-situation-bailiffs-cars.html#post1694643

 

There are also those who deny it

 

Policy.....written by who?? From my experience and from what I have read its usually the policy not to clamp cars displaying a blue badge?

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'Furkin'.

 

I'm fairly new here and I can imagine what you are thinking. Possibly much the same as me! You ask for advice and a bunch of people start bickering amongst themselves. Not only is it unhelpful but, so anxious to 'make their point', they don't seem to realise how it discourages people and potentially could make them think they should not bother contesting a matter.

 

Much of the above content of posts will make no sense to you. No surprise because some are jumping to conclusions.

 

What I, and possibly they if they can calm themselves down, need to know is who exactly clamped the vehicle. Before anyone speculates further this is very important because there are two very different courses of action for the two possible circumstances. Either way though, from what you have said so far, you will have a good case.

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Thank you all for your opinions - we are all entitled to them.

 

I am merely trying to help out an old friend who was totally shook up by this. She is not 'computerisd' so I offered to seek advice on these pages.

 

As with all forums, we have to accept that people will put their views forward - whether it helps or not.

 

In the end - 99% of it works great (of course - for the pedantic ones - 99% is just a guess.)

 

When I get the full details I will post them here,,,,,

 

thanks again

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