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PCN for driver in-spite of Blue Badge holder passenger in vehicle.

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Hi All

 

Some advice would be appreciated please.

 

I received my first PCN (driving for 15 years) whilst transporting my disabled mum from home to Health Centre and then stopover near shopping complex and back home.

 

My mum got off at Health Centre and walked into HC and back.

 

After that, our original intention was to find parking nr town centre shopping complex and for both of us to walk into town to shop for ingredients for lunch

as we had to get back in time for her lunch time carers to come and serve her food I would have to prepare before than.

 

As mum got tired after visiting HC she felt she could not walk all the way into town from where I parked

and I could do this quicker given we were under time constraint for getting back home.

 

Therefore, I, bearing in mind mum was travelling with me all the time and I was venturing out for her benefit and not my own business,

displayed the Blue Badge and left her in vehicle to go and do said shopping.

 

Returned to find PCN attached to vehicle.

 

I have informally appealed PCN but LA have refused

- they are adament that because mum did not leave vehicle the Blue Badge was not being used for her benefit but rather mine

- even though I chose to park at the nearest available space which was further away from the shopping complex (meaning I had to walk further).

 

I genuine thought I was not doing anything wrong in using the BB in the way I did.

 

I would never use it if mum was not with me or if Iwas on an errand for mum and she was still at home etc.

 

Are the rules so strict and no other factors are taken into account?

 

I only have short time to pay fine or take it further.

 

Any views (either way) would be appreciated.

 

Attached additional letter received today from LA advising mis-use of BB.

PCN followup edited.jpg

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please use the edit button below your msg to add some blank lines and sentences

 

and convert your image to PDF then attach it.

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Blue Badge Rights and Responsibilities Oct 2011

Who can use the badge?

The badge is for your use and benefit only. It must only be displayed if you are travelling in the vehicle as a driver or passenger, or if someone is collecting you or dropping you off and needs to park at the place where you are being collected or dropped.

 

Do not allow other people to use the badge to do something on your behalf, such as shopping or collecting something for you, unless you are travelling with them.

 

You must never give the badge to friends or family to allow them to park for free, even if they are visiting you.• You should not use the badge to allow non-disabled people to take advantage of the benefits while you sit in the car.

 

Although it is not illegal for a badge holder, or a non-disabled person waiting for the badge holder to return, to remain in the vehicle while the Blue Badge is displayed, consideration should be given to using a car park whenever possible.

 

What exactly was the contravention as per the PCN?

 

Was it:

87 Parked in a designated disabled person's parking bay without displaying a valid disabled persons's badge in the prescribed manner?

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please use the edit button below your msg to add some blank lines and sentences

 

and convert your image to PDF then attach it.

 

 

Sorry!!! Not sure what happened there.. Looked as though edit was there when I was typing post but when it did publish it came through as one paragraph..

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Blue Badge Rights and Responsibilities Oct 2011

 

 

 

 

What exactly was the contravention as per the PCN?

 

Was it:

87 Parked in a designated disabled person's parking bay without displaying a valid disabled persons's badge in the prescribed manner?

 

Hi. Thanks for your reply and sorry for late response. The PCN did not state the Blue Badge at all (my mum got a followup misuse warning though). The PCN stated contravention as:

 

"Parked without clearly displaying a valid pay and display ticket (06)"

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I would check in the handbook we get with Blue badges ,,they are not valid in certain places :)

 

Yes, page 8 of the handbook says:

 

"Who can use the badge?

The badge is for your use and benefit only. It must only be displayed if you are travelling in the vehicle as a driver or passenger, or if someone is collecting you or dropping you off and needs to park at the place where you are being collected or dropped.Do not allow other people to use the badge to do something on your behalf, such as shopping or collecting something for you, unless you are travelling with them.

• You must never give the badge to friends or family to allow them to park for free, even if they are visiting you.• You should not use the badge to allow non-disabled people to take advantage of the benefits while you sit in the car. Although it is not illegal for a badge holder, or a non-disabled person waiting for the badge holder to return, to remain in the vehicle while the Blue Badge is displayed, consideration should be given to using a car park whenever possible."

What I am confused about is if the blue highlighted entry is contradicted by the greeen section. As far as I am concerned, our intention was for both of us to walk into the shops but when we got near the shops mum no longer felt able to to walk further which is when I walked the longer route into the shops and back - as far as I am concerned I was travelling with mum with regards to car/parking. As regards to taking benefit of blue badge I could have parked nearer to shps to save myself a longer walk if I wanted a easier ride...

I haven't got much time on this; would have like to have contested this but not sure if this is worth the hassle as I do not want to end up with further charges if adjudicator deems appeal to be frivilous...

 

Don't get me wrong.. I would have understood if I had taken BB and gone shopping leaving mum at home. However, fact of the matter is at that moment in time whislt travelling together plans changed due to physical condition (tiredness/frailty). However, I saw at that time notthing wrong to use BB as mum was with me and I had ventured out on her behalf - I did not envisage that would be interpreted as having been taking advantage of BB facility myself.

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You need to check the place where you parked,,and then refer to the handbook as there are certain car parks where the blue badge is not applicable and we have to pay to park.

 

Hope this hekps

 

L

Where can Blue Badge holders park?

 

The Blue Badge scheme only applies to on-street parking. Badge holders have free use of parking meters and pay-and-display bays. They may also be exempt from limits on parking times imposed on other users (check local signs for information) and can park for up to three hours on yellow lines (except where there is a ban on loading or unloading or other restrictions).

 

The scheme does not apply to off-street car parks, such as supermarket car parks, or privately-owned roads, such as those you find at airports.

 

More information is available from the Department for Transport.

Edited by Lillibelle

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14.(1) This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an individuals badge may be displayed while a vehicle is parked.

(2) An individuals badge may be displayed on a vehicle while it is parked if it

(a)has been driven by the holder, or has been used to carry the holder, to the place where it is parked; or

(b)is to be driven by the holder, or is to be used to carry the holder, from that place.

 

It really depends on the interpretation of the law, was the vehicle 'used to carry that person to the place it was parked' it certainly carried the person there but that wasn't really what it was used for is the Councils point of view, their view is that the vehicle was used for the driver to go shopping and the carriage of the holder was incidental.

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