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Alleged misuse of blue badge


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Firstly, ridiculous or not, that is the law. I don't write them, I just try to obey them and expect others (individuals and public servants) to do the same.

 

Secondly, the restrictions on that road end at 7pm. Why would I deliberately set my clock for 6pm when I'm entitled to 3 hours free parking?

 

I would gladly pay the £70 PCN if it would give me back full use of my legs.

 

You obey them unless you feel you can wriggle out? You didn't obey this one.

 

You would deliberately (in theory) set the clock for 6pm when you park at 1.30 pm because 7pm is MORE than 3 hours from 1.30pm.

 

Where does your disability come into this? Why are you mentioning it except to gain a sympathy vote:-x Your disability allows you to have a BB, which shields you from 99% of the parking crap that other motorists face every day.

 

You need to realise, quickly, that you parked in contravention to the law. Of that you are guilty. You will not have this overturned because of a break in the yellow lines as by displaying the BB you proved to the authority that you were aware it was a yellow line and restrictions applied.

 

IF you want to find a way out, the most successful route nowadays is in the paperwork. Scan and wash both sides of the ticket and any further correspondence and post it here or on pepipoo.

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Last communication was the LA sending me all the photographs they took so it was clear where I parked (I had parked in two separate locations in the same street that day).

 

What I meant was, what stage are you at in the appeals process? Have you appealed and had a letter rejecting the appeal? Have you received a document called a Notice to Owner? What did their letter with the photos say would be the next stage?

 

This will help in terms of advising what you can do next.

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some systems are different than others, you could ask for the printout of the PCN which will give observation periods as well as valve positions, with dis badges on yellow lines they are entitled to park there for upto 3 hours with no return in 1hr. in my personal opinion for CEO to issue a pcn for the contravention, (please can you let me know what the contravention code was), then he/she should have made note of your valve positions to see if you had actually moved, this should have also been recorded in the pocket book.

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Re. legislation regarding the need for lines to be continuous (and have T-bars).

 

Traffic Signs Regulations and General Direction 2002 specifies that signs (which includes lines) must be as prescribed and are only allowed listed variations. The TSRGD states that lines must be of specifies thickness (with options); continuous and properly terminated. Under variations, it lists "None".

 

Further, there is established case law (Davies v Heatley) that rules that if signs are not as per regulation they cease to have effect - even if their meaning is clear to a reasonable man.

 

Unfortunately, it is a criminal law case and adjudicators have unremitting attempted to override this by insisting that criminal case law does not apply to civil enforcement of parking. It is a nonsense, but would require an appealing owner to take an adjudicator's decision to judicial review - which would then set the precedent for all cases.

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  • 5 months later...
I would like to find some information about misuse disable badge.as i invited to the interview in council.any help would be appreciated.

 

 

I suggest you start your own thread explaining why you need the info. Have you been accused of misusing a blue badge if so how??

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