Council making up their own rules for on street parking for blue badge holders

morrisoscar

I have parked on the same road for a number of years without incident; however, I was today issued with a parking ticket by Trafford Council for parking for 32 minutes in a bay limited to 20 minutes waiting despite displaying my blue badge correctly. I contacted the council and asked them to cancel the ticket as it was issued in error. The blue badge rules issued by the DETR state on page 8 that “Badge holders may be exempt from limits on parking times imposed on other users (Check local signs for information)’’ and as the local signs do not state that blue badge holders are not exempt from parking time restrictions the ticket should not have been issued.

The reply I got shocked me to say the least “We have been issuing tickets for this offence for the past month, you can only stay for 20 minutes the same as everybody else Manchester are doing the same.” When I pointed out that the rule is that blue badge holders can park without time limit unless signs say otherwise he said “yes I know everybody tells me that and I have read it in the booklet as well but we’ve been told to issue tickets. If you appeal we will cancel the first ticket and issue a warning instead but if you park again we will not cancel subsequent tickets". I have spoken to a local councillor who is outraged and is looking into it. As she say’s they have changed the rules without notifying anybody or changing the signs to make the tickets legal but more to the point how many disabled people are just paying the ticket?

Coblcris

I recommend that you obtain the Traffic Regulation Order.

MarkyMarkD

How do you read

“Badge holders may be exempt from limits on parking times imposed on other users (Check local signs for information)’’

as

the rule is that blue badge holders can park without time limit unless signs say otherwise

That simply is not what it says - it's wishful interpretation of the words.

It says that you MAY be exempt from time limits IF THE SIGNS SAY SO, not that you ARE exempt from time limits UNLESS THE SIGNS SAY NOT.

morrisoscar

Coblcris wrote: »

I recommend that you obtain the Traffic Regulation Order.

Thanks, had a look on the council web site, no recent Traffic Regulation Orders for this road and the signs have not been changed. The person I spoke to said they had been told that they should have been issuing tickets for years and the change covered all roads in Trafford. So every parking time limit sign in Trafford would need to be changed for tickets to be valid whilst at the same time making blue badges useless unless you park on double yellow lines.

morrisoscar

MarkyMarkD wrote: »

How do you read as

That simply is not what it says - it's wishful interpretation of the words.

It says that you MAY be exempt from time limits IF THE SIGNS SAY SO, not that you ARE exempt from time limits UNLESS THE SIGNS SAY NOT.

Thanks, but using your interpretaion of the wording the sign would tell you that you can use your blue badge for exemption to the parking rule ( a sign I have never seen) and not that you can not use your blue badge for exemption to the rule ( a sign I have seen).

Edit

Just found this interpretation on a council web site.
Disabled Person’s Badge holders MAY;


park on single or double yellow lines

• outside controlled hours without time limit
• during controlled hours for up to 3 hours with Badge and clock displayed, but may not park again on the same road unless an hour has passed from the last period of waiting

park in a limited waiting bay

• outside controlled hours without time limit
• during controlled hours without time limit with Badge and clock displayed unless otherwise stated on traffic sign.

Coblcris

It would appear that Trafford council is overreaching.

please get involved in local action or there will be many cases just like yours and many of them will pay.

morrisoscar

Coblcris wrote: »

It would appear that Trafford council is overreaching.

please get involved in local action or there will be many cases just like yours and many of them will pay.

According to the guy at Trafford Council Manchester are doing the same.:mad:

Coupon-mad

morrisoscar wrote: »

According to the guy at Trafford Council Manchester are doing the same.:mad:

Make sure the local press in both areas get involved in this one asap. Loads of people will just pay up otherwise. You are in the right.

Have you posted about this issue on the forums at pepipoo? They would be interested in this as well and IMHO they offer great info & advice:

http://forums.pepipoo.com/index.php?showforum=30

Good luck!

morrisoscar

Coupon-mad wrote: »

Have you posted about this issue on the forums at pepipoo?

http://forums.pepipoo.com/index.php?showforum=30

Good luck!

Done will see what happens:T
Another councils interpretation
Where parking is limited to a specified time as denoted by signs, for example parking limited to 30 minutes no return in 30 minutes, disabled badge holders may park without time limit. The disabled badge must be displayed.

morrisoscar

Ticket cancelled after visit to council parking office.
Explanation given:

You have the old book which states
Badge holders may park free of charge and without time limit at parking meters on-street and pay-and-display” on street parking unless a local traffic order, specifying a time limit for holders of disabled parking Badges, is in force.
Badge holders may be exempt from limits on parking times imposed on other users. (Check local signs for information).
So you are right you could park for an unlimited time whether parking was free or had to be paid for.

The new book only refers to ‘On-street’ parking meters and pay-and-display machines
Badge holders may park for free and for as long as they need to unless there is a traffic sign specifying a time limit for holders of disabled parking badges.

So if you have to pay to park you don’t have to pay and can stay as long as you wish, however, if the parking is free you obviously don’t have to pay but you are limited to the same time as everybody else as the new book only refers to paid for parking on street and makes no referance to free parking on street.


Is it me or is this bureaucracy gone mad.
[FONT=&quot]
[/FONT]

morrisoscar

morrisoscar wrote: »

Ticket cancelled after visit to council parking office.
Explanation given:

You have the old book which states
Badge holders may park free of charge and without time limit at parking meters on-street and pay-and-display” on street parking unless a local traffic order, specifying a time limit for holders of disabled parking Badges, is in force.
Badge holders may be exempt from limits on parking times imposed on other users. (Check local signs for information).
So you are right you could park for an unlimited time whether parking was free or had to be paid for.

The new book only refers to ‘On-street’ parking meters and pay-and-display machines
Badge holders may park for free and for as long as they need to unless there is a traffic sign specifying a time limit for holders of disabled parking badges.

So if you have to pay to park you don’t have to pay and can stay as long as you wish, however, if the parking is free you obviously don’t have to pay but you are limited to the same time as everybody else as the new book only refers to paid for parking on street and makes no referance to free parking on street.


Is it me or is this bureaucracy gone mad.
[FONT=&quot]
[/FONT]

Spoke to Mobilise(disabled drivers association) they told me they have never heard such a ridiculous interperetation of the rules. Problem is Trafford Council and Manchester City Council (according to what Trafford told me) will continue issuing tickets using this interpretation.