Blue Badges & Parking

Errata

The significant word is should not must. This makes it advisory.

BobQ

justlikethat wrote: »

Yes
This is clearly b******s. Whatever civil servant thought up that paragraph? I look forward to my conversation with the first traffic warden telling me I have to leave my daughter in her wheelchair on the pavement while I move the car!!

The booklet is for guidance and its quite possible that whoever drafted the updated version has not explained the law correctly. What matters is the legal requirements say. If they really are different in Scotland blame the Scottish Government!

http://www.scotland.gov.uk/Publications/2007/03/28155511/1

Gives another interpretation on the phrase in the booklet quoted above

Richie-from-the-Boro

The only thing different throughout the UK should be price. Scotland is in the UK till it goes Salmon coloured. BB price like differing [ local bye laws ] vary throughout all areas of the UK - the enforcement rules however are no different. All the nations Police Officers and LA enforcement officers will have have access to the BBIS dBASE of Blue Badge holders including our claymore wielding cousins.

The rules have been bent from day one by abusers, the interpretation has been argued about by day one [usually] by abusers. Nothing was ever done, no case law was generated, because there was really no economic way for an enforcement officer to check. When fully rolled out prosecutions / restrictions / suspensions will follow. All they need to do is point the hand held at your BB, the bar~code~reader does the rest. Everything including photo / age / home addy / etc is instantly right there on the screen - you don't even need to be in the car. Case law arguing fine interpretations such as those here will quickly follow.

Most [nationally] parking enforcement is already in the hands of private companies. Once this rolls out there's so much ££££££££ profit they will carve out most of the market for themselves.

For myself, it is the case that those who share the wonderful benefits of the BB and abide by the rules .. .. have nothing to fear whatsoever, and the harder they clamp down on BB abusers the better for all good honourable BB users.

Parva

Richie-from-the-Boro wrote: »

For myself, it is the case that those who share the wonderful benefits of the BB and abide by the rules .. .. have nothing to fear whatsoever, and the harder they clamp down on BB abusers the better for all good honourable BB users.

Amen to that.

steve_2012

sorry for being slightly off topic:
my dad parked his car today and used his BB when he returned an hour later he had a parking ticket, £25 within 14 days or £50 if he appeals.
i assume they take a photo to prove no display of BB etc etc.
when i went to his place later on today he showed me his photocard and what he had done was put on his previous card which ran out in 2011 (why he has kept this i dont know).
he was parked in the same county council area as the BB was issued and he has the correct card (the reason he gave me was he used his car manual in the week and somehow the old BB was at the top).
so what im asking is would he likely get this quashed by appealing or would they just say hard luck.
on the parking ticket it gives his tax disc number so this will tell them he is disabled as well as there own records of issuing the new BB early last year.
i realise he is in the wrong but it is by complete accident although he should i gather have cut up the old one he said to me tonight "i had just never taken it out of the car".
any advise welcome.
thanks...............

tomtom256

steve_2012 wrote: »

sorry for being slightly off topic:
my dad parked his car today and used his BB when he returned an hour later he had a parking ticket, £25 within 14 days or £50 if he appeals.
i assume they take a photo to prove no display of BB etc etc.
when i went to his place later on today he showed me his photocard and what he had done was put on his previous card which ran out in 2011 (why he has kept this i dont know).
he was parked in the same county council area as the BB was issued and he has the correct card (the reason he gave me was he used his car manual in the week and somehow the old BB was at the top).
so what im asking is would he likely get this quashed by appealing or would they just say hard luck.
on the parking ticket it gives his tax disc number so this will tell them he is disabled as well as there own records of issuing the new BB early last year.
i realise he is in the wrong but it is by complete accident although he should i gather have cut up the old one he said to me tonight "i had just never taken it out of the car".
any advise welcome.
thanks...............

It's worth appealing on the off chance, however, I presume the offence is failing to display a valid disabled badge etc, so no defence really.

It all depends on the wording and reason for issue.

steve_2012

tomtom256 wrote: »

It's worth appealing on the off chance, however, I presume the offence is failing to display a valid disabled badge etc, so no defence really.

It all depends on the wording and reason for issue.

thanks tomtom,
the offence states: parked in a car park without clearly displaying a valid pay and display ticket or voucher or parking clock.
contravention code 83.
there is no mention of disabled at all on the ticket and he wasnt parked in a bay just for disabled people.
it should say as you have wrote but there is no mention of it.
i dont know if parking clock means the timer part to the BB but that was displayed and the ticket was given within 30 mins, there is a 3 hour restriction for BBs on this car park i believe.

tomtom256

steve_2012 wrote: »

thanks tomtom,
the offence states: parked in a car park without clearly displaying a valid pay and display ticket or voucher or parking clock.
contravention code 83.
there is no mention of disabled at all on the ticket and he wasnt parked in a bay just for disabled people.
it should say as you have wrote but there is no mention of it.
i dont know if parking clock means the timer part to the BB but that was displayed and the ticket was given within 30 mins, there is a 3 hour restriction for BBs on this car park i believe.

Yeah they have issued it as he failed to display the correct ticket or alternative to the ticket i.e. a valid blue badge with clock showing arrival time or a car park ticket.

You could try and appeal, however I am sorry to say it is unlikely you would win, but you won't know until you try and most places allow the 50% payment saving until the appeal is looked at.

steve_2012

tomtom256 wrote: »

Yeah they have issued it as he failed to display the correct ticket or alternative to the ticket i.e. a valid blue badge with clock showing arrival time or a car park ticket.

You could try and appeal, however I am sorry to say it is unlikely you would win, but you won't know until you try and most places allow the 50% payment saving until the appeal is looked at.

thanks again tomtom,
yes i agree with you he is guilty (to the letter of the law) but it seems very harsh when the it will be quite obvious it is just a error and they will know he has the correct badge if they check.
i will phone them myself monday as at the minute they dont know the facts and too me any reasonable person would just check the records and accept it is just an error.
i wont be holding my breath though as i found a case earlier from 2009 where a chap had his card round the wrong way (not upside down) and he was find £75 and they would not budge.
thanks for your opinion though even if it is the same as mine, i was hoping for a reply of "they will just scrap it" "dont let it bother you"
i will double check on the 50% discount if appealing.

Errata

Sometimes, just sometimes, if the culprit goes in person to the LA office and grovels and apologises profusely they are let off.