Disabled badge fell off dash

alext_3

Hi all

I recently got a parking fine for not displaying a blue badge whilst in a disabled parking spot. I myself am not disabled but was dropping my father off and waiting for him. He is registered disabled and we had his badge. As I exited the car the badge must have fallen on the floor thus we ended up with a ticket (in no more than 5-10mins!!).

I sent an appeal with copies of the badge but they've simply rejected it stating I should have displayed it. I did - obviously - but it fell off.

Do I have anywhere to go with this? It is issued by a private company (not council).

Many thanks!

Fruitcake

alext wrote: »

Hi all

I recently got a parking fine for not displaying a blue badge whilst in a disabled parking spot. I myself am not disabled but was dropping my father off and waiting for him. He is registered disabled and we had his badge. As I exited the car the badge must have fallen on the floor thus we ended up with a ticket (in no more than 5-10mins!!).

I sent an appeal with copies of the badge but they've simply rejected it stating I should have displayed it. I did - obviously - but it fell off.

Do I have anywhere to go with this? It is issued by a private company (not council).

Many thanks!

Read the Sticky Threads for Newbies first, especially ones that mention a blue badge. That will give you an idea as to what you should do next. The experts will be along soonly.

Do not pay, do not ignore, do not say who the driver was.

spacey2012

They will have rocked the car, very simple method takes a few seconds and the badge is off the dash.

Stroma

Can you tell us the name of the company as they may not be able to get registered keeper details from the dvla? And is this in England or Wales ? Also is this in a retail park or a single shop car park ?

Thanks

Redx

alext wrote: »

Hi all

I sent an appeal with copies of the badge but they've simply rejected it stating I should have displayed it. I did - obviously - but it fell off.

it may be in their "rules" but it breaks the EQUALITY ACT 2010 as owning or displaying a BB or not is not a requirement of being disabled and he has the right to be there , the rules cannot trump the law

so your relative qualifies as a protected person under the EA2010 regardless of owning or displaying a BB and they have no right to make him prove his entitlement , some people dont even own a BB but that doesnt mean they are not disabled

they are not under any obligation to prove their disability to any shop or PPC , once a PPC has been made aware of it (or landowner or shop) then they should cancel the ticket

alext_3

I didn't explicitly say "I drove the car" but did send the letter and had to put an envelope addressed back to me inside.

I think the company are called Guardian based in Warrington (can confirm in morning if needs be - ticket is in my drawer at work).

This was in England, in a small retail park. In regards to registered keeper - the car is a company car and registered in my company's name. The appeal I sent was in my company's address and didn't list my personal address.

Thanks for the help / feedback so far.

Redx

well that complicates things, as you dont want the company to pay as RK , so you really need the company to name you as driver so you get a new pcn, then you appeal it at popla if this Guardian is in the BPA

either way, they should drop the charge if they know a protected person is involved (the person you were chauffering around and using that persons BB)

you should also be getting the landowner or their agent to cancel the charge for the same reasons, EA 2010 , as they are jointly liable

ps:- its not a fine either , its a parking charge invoice

alext_3

Redx wrote: »

it may be in their "rules" but it breaks the EQUALITY ACT 2010 as owning or displaying a BB or not is not a requirement of being disabled and he has the right to be there , the rules cannot trump the law

so your relative qualifies as a protected person under the EA2010 regardless of owning or displaying a BB and they have no right to make him prove his entitlement , some people dont even own a BB but that doesnt mean they are not disabled

they are not under any obligation to prove their disability to any shop or PPC , once a PPC has been made aware of it (or landowner or shop) then they should cancel the ticket

In their letter back to me they simply stated "there are various signs stating a disabled badge should be displayed".

From what you are saying (correct me if I'm wrong) - the EA2010 means even if we didn't display the badge as long as I had my father (disabled) with me, they shouldn't issue the ticket?

Redx

alext wrote: »

In their letter back to me they simply stated "there are various signs stating a disabled badge should be displayed".

From what you are saying (correct me if I'm wrong) - the EA2010 means even if we didn't display the badge as long as I had my father (disabled) with me, they shouldn't issue the ticket?

no , I didnt say that , as they have no way of knowing that a BB holder was involved (they didnt see the BB)

if you read what I actually said, I said they should cancel it as soon as they are told (with proof) that a protected person , in this case a BB holder , was involved

that proof could also be some form of disablement letter, but in this case due to a BB being shown in your appeal

as I said, the law , the EA 2010 , means they cannot take action so if they do you could conter-sue on his behalf, same as you drove and parked on his behalf, not yours

alext_3

Okay - that's fair enough. Thank you.

So just to check - I say there was a disabled person involved, and I have provided copies of his badge - is that considered sufficient "proof" that he was with me? There would be no problem with him testifying if necessary, I just wondered if it was that simple?

Do I need the company to write a letter confirming I was driving? I can arrange that quite easily.

Redx

it may well be proof if you were in front of a judge , yes

the fact is that your relative is protected under the EA2010 , so you could counter-sue on that basis and take THEM to court

doesnt mean they will drop the charge as they consider that you have broken their rules

so you could send an LBA to the PPC and the landowner threatening legal action, if necessary taking them to court for breaching the rights of your relative

but if you think this is all black and white , think again !!

cant find them on the BPA site so no idea how they got your name and address