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

morrisoscar

Coblcris wrote: »

I refer readers to post number 18. There is no DfT omission, to the contrary they are quite clear.
http://www.dft.gov.uk/transportforyou/access/bluebadge/pubs/general/bluebadgejan08?page=27#a1054

[FONT=&quot]
Unfortunately your statement is incorrect as there is an admitted omission by the DfT.
[/FONT]
The link you have used points to the exact wording used in the old DETR guideline booklet issued to councils to give to blue badge holders (refer to post number 10). The booklet was replaced in 2007 by DfT booklet code T/INF/1214 in which you will find the wording
Badge holders may be exempt from limits on parking times imposed on other users (check local signs for information) has been omitted by the DfT to apparently simplify the booklet and is the cause of the problem.

[FONT=&quot]Trafford council have been using this omission to justify issuing tickets to BB holders for the past month. Consequently[/FONT][FONT=&quot] imposing a blanket ban on Blue Badge use in all free limited time on street parking bays throughout[/FONT][FONT=&quot] Trafford, even when no alternative parking spaces are available in the area.[/FONT]

Coblcris

My copy of the TSO publication which contain exactly the same text as previously quoted is dated January 2008.
ISBN 978 0 11 552926 9

"Badge holders may park free of charge and without time limit at parking meters on-street and in ‘payand-display’ on-street parking unless there is a sign specifying a time limit for holders of disabled parking badges, or a ban, e.g. on loading, in force (check local signs for information)."
As per the web link supplied.
A PDF of the TSO publication can be found here http://www.northtyneside.gov.uk/pls/portal/NTC_PSCM.PSCM_Web.download?p_ID=35948

Although the booklet may be remiss the Guidance to the councils is not.

morrisoscar

Coblcris wrote: »

My copy of the TSO publication which contain exactly the same text as previously quoted is dated January 2008.
ISBN 978 0 11 552926 9

"Badge holders may park free of charge and without time limit at parking meters on-street and in ‘payand-display’ on-street parking unless there is a sign specifying a time limit for holders of disabled parking badges, or a ban, e.g. on loading, in force (check local signs for information)."
As per the web link supplied.
A PDF of the TSO publication can be found here http://www.northtyneside.gov.uk/pls/portal/NTC_PSCM.PSCM_Web.download?p_ID=35948

Although the booklet may be remiss the Guidance to the councils is not.

[FONT=&quot]So two years after the booklet was published Trafford and possibly Manchester (as yet unconfirmed) have seen an opportunity and jumped on it![/FONT]

Coblcris

I agree. They are exploiting the booklet despite having clear guidance to the contrary.
If you or I attempted such a thing I am sure Fraud charges under statute would ensue. Also possible Conspiracy to Defraud charges which is still a common law offense.
A council would undoubtedly claim an administrative error or a training problem was the cause.

I would advise locals to use the Guidance as linked to create some interest and action within the community and the local press. A brief to the point letter to the Head of Legal Services for each council may not go amiss. Publicity should also be used as leaving the issue within the council is not wise in my opinion..

morrisoscar

Coblcris wrote: »

I agree. They are exploiting the booklet despite having clear guidance to the contrary.
If you or I attempted such a thing I am sure Fraud charges under statute would ensue. Also possible Conspiracy to Defraud charges which is still a common law offense.
A council would undoubtedly claim an administrative error or a training problem was the cause.

I would advise locals to use the Guidance as linked to create some interest and action within the community and the local press. A brief to the point letter to the Head of Legal Services for each council may not go amiss. Publicity should also be used as leaving the issue within the council is not wise in my opinion..

Info passed to supportive local councillor who has asked if I am prepared to speek to the press.:eek:

Coblcris

May I suggest.

1) Print the Guidance document or put it into a Powerpoint or display on screen using Acrobat if possible.

2) Supply the press with the URL for the document along with its Title and TSO publication number.

3) Printout the council's 'position'

4) Printout the relevant page section of the Guidance. Highlight the relevant text with reflective marker.

2) 3) and 4) can be done on one sheet of A4 with plenty of room for your own comments.

Thus the Press has the story and a means to verify it.

Handout the generated sheet to all who attend, passersby, your MP, The Head of Parking, the Head of Legal Services etc.

morrisoscar

Spoke to a traffic engineer today, he was of the opinion that the statement
Badge holders may be exempt from limits on parking times imposed on other users. (Check local signs for information).
means that BB holders cannot park in free on street bays with a time restriction unless the sign says they can.
I asked him to show me the sign or allowed variation on a sign the council would use to allow BB holders to park in such a bay given his interpretation of the guide lines was correct. He couldn’t find one in any of his books. Does anybody know different?

Coblcris

From the top of my head, not without trawling through the usual sources; the TSRGD etc.
If there is a lacuna in the authorised signage that does not change the Guidance, it would be the responsibility of the authorities to deal with the lacuna.

morrisoscar

Coblcris wrote: »

From the top of my head, not without trawling through the usual sources; the TSRGD etc.
If there is a lacuna in the authorised signage that does not change the Guidance, it would be the responsibility of the authorities to deal with the lacuna.

Or the guidelines should be interpreted as BB holders can park unless signs say otherwise? This would be consistent with the guidelines for pay and display and the way authorities other than Trafford appear to understand the rules.

Pssst

If you are sure you have a case then my advice would be to do nothing. Let it run to court for non payment and state your case there. Consult your motoring org/car insurance co for legal advice if its part of your policy.

Dont be stampeded to defend something of which you are not guilty.