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Registered disabled - violation for parking in a disabled bay!


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Hi, I was hoping the more savvy on here could help me.

 

I recently had to nip to the shops,

once I got there & parked up

I realised I had left my current/valid blue badge at home,

I had been in someone else’s car the day before.

 

The shops are in Warrington, the carpark is Council operated.

I did have an expired BB including the clock in the car.

My car is registered disabled.

My disability, severe heart failure, means it takes effort to get to the shops, but needs must.

 

The parking at the shops states disabled parking free & 3 hour stay.

I displayed the expired BB & clock accordingly.

 

When I returned about an hour later I had a ticket,

code violation 87,

Parked in a designated disabled persons parking space without displaying a valid disabled persons badge, (great).

 

I notified the appeals centre that I am registered disabled and forwarded to them the up-to-date BB, believing that would suffice.

 

I was wrong, they are pursuing the matter, hence I ask for any knowledge you can assist me with.

 

There were no easily visible signs that deemed that a BB was required (nit-picking),

from my research Under the Equality Act reasonable adjustments are required to avoid disabled people being placed at a "substantial disadvantage".

 

They have an obscured/hidden sign 100m+ from the allocated parking over extremely uneven terrain, totally inappropriate for persons with mobility issues.

 

As per the BPA Approved Operator Scheme Code of Practice, they clearly indicate that accessible bays are for Disabled use, the entrance signage ONLY indicates that their ONLY enforcement is on a 3 hour time limit.

 

I note other posts state the European Court of Human Rights, ruled that disabled parking spaces were there for ALL disabled people and not just blue badge holders;

anyone disabled and driving a vehicle, or a vehicle carrying a disabled passenger who are REGISTERED disabled can lawfully use these spaces there is no need to display a blue badge, which is deemed as placing additional measures.

Has anyone come across this?

 

I feel it is sad that a council would seek to profit from such a lapse of memory,

which is 1 of my disability issues,

 

I do understand and appreciate their need to enforce non compliance,

but surely once proof of disability is shown there is no crime?

 

Any assistance would be appreciated.

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its is a PENALTY charge notice you have?

 

just that you mention BPA, that's for private carparks and is meaningless anyway...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes its a Penalty Charge Notice.

 

I mentioned BPA as surely to recieve a Penalty some form of notified Law Breaking must happen.

I feel this is just wrong. Registered disabled using a disabled bay.

 

Seem like Bureaucracy gone mad if fines are imposed for being forgetful, not displaying a badge!

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BPA are a private parking company old boys club

nothing to do with Penalty fines..issued by police/council..

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It is not a FINE, but a civil Penalty, and the Contravention was complete if you parked in a marked Disabled bay without displaying a valid BB and setting the clock to arrival time.

Not nice when Council won't cancel after Reps, but they are protecting Disabled Rights.

Too many a/b drivers abuse BBs to obtain free parking.

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Let us be clear about this, WHO has issued the charge notice?

 

If it is a car park then the BB scheme is not applicable other than in Scotland as it is designed for on street parking BUT you can be in trouble for misuse of a BB or an expired BB so that can involve the council on private land as it would be a criminal matter

 

you have gone into great detail about things that arent relevant

but have told us nothing about anything that would allow us to give proper advice

 

so start again and tell us exactly where this event occurred,

whether the signs are erected by the council or a private firm and if so, which one.

 

What the ticket says you did wrong ( we got that bit)

but who issued it and whether it pays Penalty Charge Notice or something else.

 

On the back of the ticket it will have a list of contravention codes if council issued,

does what you have been cited for match with their ticket

- arguments about disability dont hold water if you have used an expired BB so just the detail about the event please

 

also, it is the person, not the vehicle who holds the badge so any enforcement officer would have no way of knowing about your disability by looking at the car and they have no authority to check, even if such information was available.

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I will try my best to answer the questions posed.

 

WHO has issued the charge notice? Warrington Borough Council

Issued by a Civil Enforcement Officer.

However, Payment is to be sent to a PO Box in Sheffield!

The email contact is [email protected]

 

They have issued a Penalty Charge Notice.

 

Issued in a Warrington Borough Council car park.

 

 

The carpark is for Warrington Retail Market, accessed of Academy street.

From street view WA1 2BQ is very close, you can see the signs, market shoppers carpark, disabled free parking 3 hours.

 

I believe it is Council signage.

The only signage at the disabled bays is standard human in wheelchair, “Max Stay 3 Hours”

 

Driver, currently and at the time registered disabled, clock was on display.

 

I hope that helps, thank you for your feedback

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WHO has issued the charge notice? Warrington Borough Council

Issued by a Civil Enforcement Officer. However, Payment is to be sent to a PO Box in Sheffield!

The email contact is [email protected]

 

 

NSL have a contract with Warrington Council to run the Council's parking enforcement

 

https://www.nsl.co.uk/nsl-wins-warrington-seven-year-deal-begins-21-july/

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owned by marstons!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The CEO was probably right to issue the PCN, as there is a serious issue with BB misuse, and expired BBs (which don't have to be returned on renewal) do get used fraudulently.

 

That said, the council should treat your appeal fairly. Can you paste a copy of your appeal letter here (remove the PND number and registration number).

 

You said in your first post, "My car is registered disabled" - can you explain further?

 

There is an issue, which has been brought up, over whether insisting that a disabled person can only use a disabled parking space if he or she holds a BB. My view is that it's probably illegal to run car parks that way, as there is a duty of provision which is not met, if you are disabled and don't have one.

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IMHO the Penalty Charge was issued correctly as there was a breach of law by using an expired BB. If the council do not want to offer goodwill by cancelling and it goes to court, you will lose. Your choice.

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Dear Jamberson

 

Thank you for your reply.

 

I sent 2 replies regarding the PCN.

 

My first was short & sweet.

 

Dear Sirs

I am a Blue Badge holder, please find attached.

I have been issued a PCN, while parked in a disabled parking bay.

As you can see I can validly use disabled designated bays.

I would hope that you will review this matter ASAP & issue an appropriate remedy.

 

(I had attached the current up-to-date BB)

 

I received what I believed to be a generic reply, as it refereed to applying for an up-to-date badge.

 

 

Dear ***********

Re: Notice of rejection of “challenge” – Traffic Management Act 2004

PCN No : W.....

Date Issued : 11/05/2017 11:17:20

Location of Contravention : Time Square Car Park

 

Thank you for your correspondence regarding the above Penalty Charge Notice.

 

Your vehicle was served a Penalty Charge Notice for being parked in a disabled person`s parking space without clearly displaying a valid disabled person`s badge.

 

Having reviewed the photographic and written evidence, as collected by the Civil Enforcement Officer, I can see the disabled badge displayed was not deemed as valid as the badge had expired.

 

 

Please note; it is the responsibility of the badge holder to ensure disabled badges are renewed in good time.

 

The “Blue Badge scheme: rights and responsibilities in England” Booklet clearly states:-

 

Renewing the badge

You should apply for a new badge from your local authority some weeks before it runs out. You can renew the badge online at www.direct.gov.uk.

The new Blue Badge Improvement Service will send you a letter to remind you. If you provide your mobile telephone number or an email address when you apply, reminders can be sent to your email or mobile phone. Do not use the badge if it has expired or you may be fined.

 

Please refer to the images inserted, as captured by the Civil Enforcement Officer during the serving of the above-mentioned Penalty Charge Notice:

 

Image A is of the sign advising of the parking restrictions in place.

Image B is of your vehicle parked on/in Time Square Car Park.

Image C is of your vehicle’s dashboard.

Image D is of the expired disabled badge.

 

I have carefully considered your comments and have taken into account all the written and photographic evidence, as collected by the Civil Enforcement Officer, and I conclude the Penalty Charge Notice had been served correctly to your vehicle.

 

You can still take advantage of the reduced charge of £35.00 by paying within 14 days from 18/05/2017.

 

Please note that this discounted rate is no longer available after 14 days and the charge will return to the original charge of £70 if payment is not received in time.

 

At this stage you may follow one of two possible courses of action:

i) You may settle the Penalty Charge Notice in full by paying the £35.00 within 14 days of the date of this letter.

This payment will close the case and you will receive no further correspondence on the matter. Closure of the case would mean that further appeals against the Penalty Charge Notice are not possible.

 

ii) You may wait for a Notice to Owner (NTO) to be sent to the Registered Keeper of the vehicle. The Notice to Owner gives the keeper of the vehicle the opportunity to begin a formal appeal process - including a hearing before an independent adjudicator.

 

 

However, once the Notice to Owner is issued the full fine of £70 will be due and you will no longer be able to pay at the reduced £35.00 rate.

 

Payment can be made as indicated on the attached sheet, making your remittance payable to Warrington Borough Council, quoting the above Penalty Charge Notice (PCN) No.

 

I regret that Warrington Borough Council will not be able to enter into further correspondence at this stage regarding this Penalty Charge Notice. However, further representations can be made at the Notice to Owner stage as detailed above.

Yours sincerely

 

PS Johnson

Parking Administrator

 

As my nice approach didn't work I forwarded a 2nd more detailed response:

 

Penalty Charge Notice (PCN) No ....

 

Dear Mr Boyer & Mr Broomhead

 

Thank you for your swift reply to my initial challenge. It is clear from your reply that you did not read the evidence/attachment I sent to you.

 

Firstly, please find attached the entrance to your carpark.

It clearly shows disabled parking 3 hours free.

I have upon your demand highlighted that I am currently registered disabled.

(PHOTO WAS INCLUDED)

 

The sign you have attached to show “parking restrictions in place” as you can see is typically obscured by parked vehicles.

 

The parking conditions you highlight could not possibly be read by even Steve Austin, never mind able bodied or disabled, from the disabled parking area.

(PHOTO INCLUDED)

 

Under the equality Act could you please explain how you are making reasonable adjustments to avoid disabled people being placed at a "substantial disadvantage", when the obscured/hidden sign that you have referred to requires navigation of 100m+ from the allocated parking over extremely uneven terrain, totally inappropriate for persons with mobility issues.

 

Could you please explain how you are making reasonable adjustments when a registered disabled person has supplied you with their current disabled registered proof?

 

It is important that parking operators provide clear signage from the entrance, as per the BPA Approved Operator Scheme Code of Practice.

 

 

Whilst you clearly indicate that accessible bays are for Disabled use, your entrance signage ONLY indicates that your ONLY enforcement is on a 3 hour time limit.

 

 

You have included a photo of the clock in my car, which clearly shows I have not parked for an excessive time.

 

I note the European Court of Human Rights, ruled that disabled parking spaces were there for ALL disabled people and not just blue badge holders; so anyone disabled and driving a vehicle, or a vehicle carrying a disabled passenger who are REGISTERED disabled can lawfully use these spaces as there is no need to display a blue badge.

 

I accept your right to make enquiries that the vehicle parked under the Disabled up to 3 hours is valid. I have done that by providing you with my valid blue badge.

 

 

I had unfortunately left my current & up to date badge at home.

When you are disabled, there are many additional considerations to make, and a simple oversight like, did I remember my badge can happen.

 

It is sad that you would seek to profit from such a lapse.

I believe your current position amounts to discrimination, clearly you are discriminating against disabled people; or discrimination against disabled people who choose not to apply for a blue badge even though they are eligible to do so through being registered as disabled.

 

You are clearly seeking to profit by placing any terms of your parking in a location hidden/obscured from view or of such a distance or over such terrain that it is not possible to read, or access for those with mobility issues.

 

I accept your right to check that a vehicle parked in a disabled space is used or catering for a disabled person within at the time.

 

 

I have forwarded that proof, as I was using the car, your site CCTV will be able to confirm that & as you can see I am currently registered disabled.

 

I would hope that you will review this matter ASAP & issue an appropriate remedy.

 

Kindest regards

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Dear Jamberson & Surfer01

 

Firstly, is there a Law for displaying a BB incorrectly, whether upside down, sideways or out of date? Slightly side tracked, but perhaps relevant to others.

 

I agree that the CEO issued the PCN correctly.

My car was parked in a disabled bay with an expired BB,

hence the CEO needs to enforce that disabled bays are ONLY used for Disabled persons.

 

I believe the expired BB is a Red Herring.

The issue must be if a vehicle was validly parked in the disabled bay.

Surely either you are registered disabled or not?

Hence either you have the right to park or not.

 

 

I have proven I am registered disabled,

hence surely while exercising my right to park in an allocated space,

I cannot be committing a finable offence!

 

The Law I believe is that reasonable adjustments are to be made to avoid disabled people being placed at a "substantial disadvantage", hence the bays have been provided.

The bays I believe are for disabled people, not merely BB holders.

 

While on the most point they will be 1 in the same,

there will be instances were mistakes are made,

ie forgot to place the badge in the screen,

placed it up-side-down,

sideways or at an angle.

That is the issue with disability, especially when not from birth, habits were formed and it’s hard to teach the old dog new tricks.

 

My belief is that while the PCN was correctly issued, it should immediately be revoked when like this a genuine or registered disabled person is able to show the error that caused the PCN to be issued.

 

If a disabled person has the right to park, the BB is merely there to assist all in the paperwork chase that can follow, should a demand be placed as a consequence. If prof of disability is shown, no offence can have occurred.

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I note the European Court of Human Rights, ruled that disabled parking spaces were there for ALL disabled people and not just blue badge holders; so anyone disabled and driving a vehicle, or a vehicle carrying a disabled passenger who are REGISTERED disabled can lawfully use these spaces as there is no need to display a blue badge.

 

Not sure how helpful that line of argument will be to you unless you can quote the actual case. I too found a number of posts online asserting that such a case exits but when asked for the name of case none of the people asserting its existence replied. Nor can I find it in any official record. That might just be my poor research skills, but I'm beginning to suspect this case doesn't actually exist.

 

What do you mean by "Registered Disabled"? It's my understanding that there is no central register of disabled people. Not of all disabled people. You can't go online and apply to be put on a register of disabled people because there isn't one. What "register" are you on?

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To be honest, the two appeal letters are not very good. They do raise important points but not in a particularly constructive manner.

 

Have you been issued a Notice to Owner yet? If not, you have another opportunity to appeal when they do issue it, but you are facing the risk of forfeiting the discount if you lose.

 

There are two issues here. The first is the set of rules and regulations surrounding parking. The second is whether those rules and regs are compliant with legislation.

 

As regards the first of these, you have been treated in accordance with the usual process. The council asserts that it does not have to cancel a PCN in these circumstances, and that's how the system generally operates.

 

The second is far more wide-reaching - whether the council is acting lawfully. You can put forward a very persuasive argument that they are not, but as neither you nor I are a judge, we can't make a ruling or force the council to interpret the legislation in any particular way. It's just our opinion.

 

You can progress your case through the adjudicator, if your appeals are not successful. I would advise you check back here before sending any more letters, so you can get some advice on what to say.

 

Regarding the law for using a BB incorrectly, I believe there is a law prohibiting misuse of a Blue Badge, and displaying an out of date one would fall under that category. It's more of a technical matter than a practical one - realistically no-one is ever going to face legal proceedings for using their own expired Blue Badge - and to be clear, you've not been accused of breaking any laws.

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Dear Ethel Street

 

I to have unsuccessfully searched for the same case with no joy. But Even UK law is clear, the provisions are for the Disabled, not BB holders. As a BB holder I am therefore registered disabled.

 

Dear Jamberson

 

Truth hurts, but thank you.

 

I have just received the Notice to Owner. Hence your assistance would be appreciated.

 

I found a detailed case. Hard reading, hopefully helpful to some. Brain still turning.

 

Case No: CO/505/2002 THE QUEEN ON THE APPLICATION OF LORD MAYOR AND THE CITIZENS OF WESTMINSTER and THE PARKING ADJUDICATOR

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I found a detailed case. Hard reading, hopefully helpful to some. Brain still turning.

 

Case No: CO/505/2002 THE QUEEN ON THE APPLICATION OF LORD MAYOR AND THE CITIZENS OF WESTMINSTER and THE PARKING ADJUDICATOR

 

Where did you find it online please? A link would be useful.

 

It isn't a European Court of Human Rights case though. It's an action by Westminster Council against the Parking Adjudicator in the English courts.

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I've found it on the London Parking Adjudicator site (listed as R (Westminster) v The Parking Adjudicator 22 May 2002)

 

http://www.londontribunals.gov.uk/eat/key-cases?field_subjects_value=All&combine=westminster

 

It's not going to help you at all Sad sam.

 

It's a Judicial Review case that Westminster Council brought against the Parking Adjudicator after he cancelled PCNs issued to a disabled motorist. Westminster were successful at Judicial Review and the High Court directed that the Parking Adjudicator had no power to cancel the PCNs.

 

The motorist's original case to the Parking Adjudicator had been in part that the European Convention on Human Rights, the 'Prohibition of Discrimination' part, allowed him to park anywhere if he couldn't find a disabled space but the Adjudicator rejected this argument. He eventuality succeeded on a narrow technical argument about the meaning of 'applicable penalty' in the regulations, but this was then overturned by the High Court. In any case the original decision by the Adjudicator was specific to the particular facts about that individual motorist and did not create a legal precedent.

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Dear Jamberson

 

Truth hurts, but thank you.

 

I have just received the Notice to Owner. Hence your assistance would be appreciated.

 

 

Sorry if what I said hurt you at all! It wasn't my intention.

 

As regards how to appeal from here, as you have the Notice to Owner, the discount has already expired so there's nothing to lose.

 

I would suggest an appeal along these lines:

 

 

Penalty Charge Notice (PCN) No ....

 

Vehicle registration no ....

 

Dear Sir/Madam,

 

I would like to appeal against this PCN.

 

I am a Blue Badge holder, and need to use the disabled parking spaces in order to access the shops.

 

On the day the PCN was issued, I was in one of the two cars I sometimes use. I keep my Blue Badge handy in one or other of the cars, and of course when I parked, I retrieved the Blue Badge and placed it on display as usual.

 

It was only when the PCN was issued that I realised my error. This was in fact my old, expired Blue Badge, which I no longer use (my current one was in the other car). I did not know at the time that I was displaying an expired badge.

 

I enclose here a copy of both sides of my legitimate Blue Badge, which should have been placed on display at the time.

 

I understand that the CEO was right to issue a PCN. However under the circumstances, I would appeal to you inasmuch as I am disabled, a Blue Badge holder, and need to use the space to go about my business. I was not seeking to misuse the parking provisions, and now I realise my mistake, I will make sure it does not happen again.

 

Please would you consider cancelling the PCN on this occasion.

 

Yours, etc etc

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Devil's advocate and all that...

 

One must securely return an expired badge to the issuing authority. Why did the OP not do that?

 

Perhaps the Council might take the view that the expired badge has been deliberately abused?

 

This could lead to a fine of £1000.

 

I'm not suggesting for a moment that the OP, with the use of two cars might have elected to keep the expired badge as a handy reserve...

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You don't have to return Blue Badges. They are issued out and never tracked, which is why they have an expiry date. The council never asks for them back.

 

Also, the council can take any view it wants about this situation - nothing anyone in the council thinks could lead to a fine for the OP. Fines can only be dished out by a court, and they would have to convict someone of deliberate misuse by trial. Not a snowball's chance they would waste their time trying to bring a prosecution in a case like this.

 

As for keeping an expired badge as a "handy reserve" ... start at post 1 and see how logical that is!

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