Disabled car & passenger fined for not displaying badge

fryster2006

Hi,

My wife drives a motability car which she has as my 8 year old son is disabled. She took him to Woking town centre and parked in a disabled bay but forgot to display his disabled badge. As she had to pay to exit anyway she didn't think that it would matter. She received a PCN and has since received a letter stating she has 14 days to pay the £70 fine before it increases. In the letter it clearly states my wife's name and that the car is CO Motability Finance Ltd.

What would be the chance of sucessfully appealing the fine? We cannot afford to pay out the £70 at present, my daughter is currently in Guys & St Thomas hospital for her 4th week after undergoing major heart surgery so all our spare cash is needed to help keep our heads above water whilst she is in there. We are likely to be in hospital for several more weeks.

Many thanks!

Neil_B

There is an awful lot in your opening post that does not make sense - so lets do a few comments and questions - ok.

1/. Whilst woking Council do have a penalty level of £70, it is normally discounted to £35 for the first 14 days - the opposite of what you say. Perhaps you are misunderstanding the PCN?

2/. You said parked in a 'disabled bay' but then said 'paid to exit' ? that needs some explanation - i.e. do you mean a car park? It makes a difference.

3/. Although it sounds like a Council PCN can you just confirm that is who issued it? The situation would be very different for a private 'ticket'.

4/. Assuming Council then your best bet is to ask for them to exercise discretion and explain as much of your current situation as you feel able to disclose. Some Councils will exercise discretion for a first mistake with a BB.
Your daughters recent surgery is obviously a reason that someone may be distracted and forget a few silly rules.

5/. Many Councils have legally flawed PCNs. For that reason it is worth showing all of it. Unfortunately this forum is rather ridiculous in not allowing you to do so until you have made quite a few posts. I can't recall Woking that well but I think they may well be basically compliant anyway.

6/. If the Council decide not to exercise discretion then they may (usually do) extend the time for you to pay the discounted amount (which I still suspect is £35-). You then have a choice: pay, or wait for them to issue a 'Notice to Owner' which allows you to make a more formal appeal and is theoretically dealt with by someone with better training (but don't hold ya breath!). If you choose to do this then you would be contesting the full amount of the penalty.

7/. If this fails then you have the option of taking the matter to an independent Adjudicator (a very friendly affair). Where no technical reasons exist to cancel the PCN they are sadly unable to rule on the matter - BUT - they are able to refer the matter back to the Council and ask them again (quite a strong recommendation) to consider discretion. This will be addressed to the head of the Council.

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Councils certainly should exercise discretion in these cases. Some do, some don't. Others are inconsistent. There is Dept of transport Guidance on the matter but it is not enshrined in law unfortunately.

However, publicly, a Council refusing to reconsider a case when asked to by the Adjudicator would easily be made to look very stupid in the press. (not that i'm suggesting you have time for such nonsense).

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I can imagine that all sounds a bit of a trauma! ?. Bear in mind that you may succeed at your first effort, the informal challenge.

Feel free to ask any questions.

- and very best wishes to your children.

Neil_B

fryster2006 wrote: »

Hi,

She received a PCN and has since received a letter stating she has 14 days to pay the £70 fine before it increases.

Whhhoooooaaaaa!!! Just read that bit again! Seems i misunderstood.

Give me the timescale of events on this please. What exactly have you now received? - and what did you do when you first got the PCN?
- and again confirm who this is from?
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fryster2006

1) The first 14 days have elapsed, therefore the fine has gone up to £70


2) It was a multi story car park (Wolsey Place). She parked in a disabled bay, then paid for her ticket before exiting as it's a barrier controlled exit.

3) Woking Borough Council issued the ticket working on behalf of Surrey County Council.


So, would I appeal under the terms 'other grounds'? The letter received has a part which states 'if you are relying upon a valid blue disabled persons badge to support your representation please attach a clear photo copy of both sides of that badge'. So it looks like we might be in with a chance of appealing successfully?

Many thanks for the quick reply!

theartfullodger

Sorry to hear of your experiences and the illnesses in your family. I'd write a polite calm letter outlining the situation.

However I would say that I glad to hear of a council actually going round and checking up of "Blue Badges" being displayed, albeit this time they found an "innocent" victim who'd simply forgotten.

Too many council/parking wardens seem to not bother to do anything about "Blue Badge" abuse and the real cheats and selfish ***unprintable*** people get away with murder exploiting other people's difficulties.

Best wishes

Lodger

kaya

surely if it is council run and owned then the disabled bays would be free parking? If you had to pay to park in a disabled bay it sounds like it was a private car park and not council owned, in which case the ticket is not legally binding, i would check your parking ticket very carefully, private companies are well versed in fooling you into thinking they are official, i live in watford and all disabled parking is free unless it is privae land, i maybe wrong but is worth checking, good luck with your disabled son/daughters health problems

theartfullodger

Kaya asked...

surely if it is council run and owned then the disabled bays would be free parking?

Disabled bays are often there to give wider car-door clearances & easier, shorter, access to the shops/be on the ground floor. But still pay normal rates.

Think Kaya from your post maybe you've never been disabled or helped someone in a wheelchair in & out of a car/shops?? Think what it would be like..(If I'm wrong apologies!)

Cheers!

Lodger

Neil_B

Fryster, It sounds like you have the 'Notice to Owner' ? Is that so - you haven't actually said.

What was the date of the original PCN?
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G_M

I agree with all the previous posts. If it is a council car park and council PCN, well, most council's will look sympathetically at an informal appeal.

Write honestly explaining the stress you are under and the mistake you made and asking them to overlook it on this occassion. Enclose a copy of your badge (and for good measure your tax disk which should be marked 'disabled'.

Good luck.

fryster2006

Thanks for the replies, just an update, I explained the circumstances and they let my wife off the fine!