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Fine for Failing To Display Disabled Blue Badge


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Hi,

 

I recently parked in a Disabled Parking Bay policed by my local Council , Maidstone. I like many others hide the Blue Badge to prevent theft and so must remember to get it from its hiding place. On this occasion I forget as I had just received a disturbing letter and went to discuss this with Citizens Advice. When I returned to my car a Fixed Penalty Notice fpn had been issued for failing to display the Blue Badge. Although I showed the Council that I had a valid badge, the fine remains payable.

 

What I would like to know is the actual Offence and under which piece of legislation the Offence of Failing to display a Disabled Badge permits the issuing of a fixed penalty notice. I thought that once it was ascertained that there was a legal right to park in the bay that the fpn would be cancelled, so as the council has not, what is the offence and what legislation is being used to obtain extra cash? I have looked at the Road Traffic Regulations 1984 but I believe this act must be out of date as it discusses the Orange Badge and 'her' as the Secretary of Transport.

 

I only have a few days to make the payment so any replies would be most welcome.

 

Thank you

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The offence is as if you did not have any blue badge at all. I believe it is at the discretion of the council whether to accept your reasons for not displaying your blue badge. I would suggest that you use the councils official appeals process and follow it through to the end including the tribunal. Or just accept that you did not display, so have to pay the parking ticket. Depends on how much time and effort you want to spend on this.

 

http://www.trafficpenaltytribunal.gov.uk/site/index.php

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Is this a Fixed Penalty Notice or a Penalty Charge Notice.

 

If the latter, they are isued under the Traffic Management Act 2004 and The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 as written at the top of the PCN.

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All I really want to know is under what legislation the fine is being issued to make sure it is a legally enforceable fine. I will pay the charge but only if it has been legally issued. I know that when we had properly trained Traffic Wardens instead of council paid on commission ticket issuers, Wardens were taught to look at the Tax Disc and if it showed as Disabled they issued a warning and tried where possible to catch the driver so that the legality of using the disabled bay could be verified to catch they non entitled.

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For parking PCNs issued on or after 31 March 2008, the Regulations in the Traffic Management Act 2004 apply. These are enforced as a civil rather than a criminal matter – a PCN doesn't result in a criminal record or points on your licence.

 

You need to read your hand book pages 10, 15 and 16.

 

Blue Badge Scheme Handbook

 

Unless your blue badge is displayed, the CEO is not able to use the force to detect whether the driver or passenger can use the concession.

Edited by borisbeaver
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The rules are clear. You are only entitled to park a vehicle there if it is displaying a valid badge. A car cannot be parked there because you happen to hold a blue badge, the issue is one of a badge being displayed on the vehicle. Like your tax disc - you have to have it on show.

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All I really want to know is under what legislation the fine is being issued to make sure it is a legally enforceable fine. I will pay the charge but only if it has been legally issued. I know that when we had properly trained Traffic Wardens instead of council paid on commission ticket issuers, Wardens were taught to look at the Tax Disc and if it showed as Disabled they issued a warning and tried where possible to catch the driver so that the legality of using the disabled bay could be verified to catch they non entitled.

 

How or why would having disabled tax entitle you to park in a blue badge bay? Why bother having badges at all if that's the case? Its the disabled person that is entitled to use the bay by displaying a blue badge. It has nothing to do with commission or common sense its down to the fact that blue badges are widely abused and your 'well trained traffic warden' cannot possibly know if the car is entitled to be there, the disabled person may be miles away using their badge properly out shopping with a friend whilst their car is illegally parked at home.

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