Blue Badge rejection

BobQ

50Twuncle wrote: »

I have been virtually unable to walk - for the last year, due to a very painful Hyperextended knee !!
(I struggle to walk to the bottom of the garden - 20 metres)
I applied for a blue badge but was rejected on the grounds that my disability is not bad enough !!!
(This was without any medical)


I have no right of appeal

What annoys me is that I regularly see people, parking their blue badged cars on double yellow lines and walking away to the shops etc without any problems at all....

What are the criteria for a successful claim ??

http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_driving_and_parking_e/consumer_driving_and_parking_for_disabled_people_e/consumer_the_blue_badge_scheme_e/if_your_blue_badge_application_is_refused.htm


Are you saying your local authority does not have an appeal system? Are you sure?

The above suggests they should give you a full reason and have an appeal process.

They do make assessments based on the form alone (ie no interview) but it may be that you have not filled the form in correctly. CAB or Age UK may be able to help you get the form correct.

The criteria are:

http://www.disabilityrightsuk.org/blue-badge-scheme

The point to understand is that many medical conditions by themselves do not qualify you for a BB, it is the impact of the condition on ability to walk. You can qualify because you get tired, are in pain, become breathless and need to take stops, walk very slowly or unsteadily, have balance issues. Also it must be a long term condition unlikely to improve.

Re other people, consider
(a) they may be using the BB illegaly (its Mum's badge),
(b) you may not appreciate the condition of a BB holder,
(c) they may not be the BB holder (they might be fit but are parking there to pick up someone else)

Re (c) I was once abused by someone for mis-using a BB when I parked. When I returned pushing a wheelchair having picked up a double amputee from a shop my abuser flounced off without even apologising.

benniebert

BobQ wrote: »

http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_driving_and_parking_e/consumer_driving_and_parking_for_disabled_people_e/consumer_the_blue_badge_scheme_e/if_your_blue_badge_application_is_refused.htm


Are you saying your local authority does not have an appeal system? Are you sure?

The above suggests they should give you a full reason and have an appeal process.
.

The regulations make it clear that there is no legal right for the LA to accept or review the decision under an appeal. It is however suggested that it is good practice to do so, that's all.


There is no reason why another application cannot be submitted.

50Twuncle

benniebert wrote: »

The regulations make it clear that there is no legal right for the LA to accept or review the decision under an appeal. It is however suggested that it is good practice to do so, that's all.


There is no reason why another application cannot be submitted.

My rejection stated that I could not reapply for a further 6 months !

50Twuncle

BobQ wrote: »

http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_driving_and_parking_e/consumer_driving_and_parking_for_disabled_people_e/consumer_the_blue_badge_scheme_e/if_your_blue_badge_application_is_refused.htm


Are you saying your local authority does not have an appeal system? Are you sure?

The above suggests they should give you a full reason and have an appeal process.

They do make assessments based on the form alone (ie no interview) but it may be that you have not filled the form in correctly. CAB or Age UK may be able to help you get the form correct.

The criteria are:

http://www.disabilityrightsuk.org/blue-badge-scheme

The point to understand is that many medical conditions by themselves do not qualify you for a BB, it is the impact of the condition on ability to walk. You can qualify because you get tired, are in pain, become breathless and need to take stops, walk very slowly or unsteadily, have balance issues. Also it must be a long term condition unlikely to improve.

Re other people, consider
(a) they may be using the BB illegaly (its Mum's badge),
(b) you may not appreciate the condition of a BB holder,
(c) they may not be the BB holder (they might be fit but are parking there to pick up someone else)

Re (c) I was once abused by someone for mis-using a BB when I parked. When I returned pushing a wheelchair having picked up a double amputee from a shop my abuser flounced off without even apologising.

I was applying under :
"you have a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking."
Which is extremely vague !
incidentally - my award of DLA was for an indefinite period

50Twuncle

harveybobbles wrote: »

thanks for the reply.. but this is the bit I wanted you to explain..



So if you saw my OH parking up on double yellows in their car, put their BB on the dash, get out and walk (perfecly well) away to the shops, would you be annoyed?

NOT necessarily - but if I regularly saw your wife (who I am assuming is able bodied (and minded) - abusing the system by using the Badge for purposes other than those that she is entitled to use the badge for - then YES I would be annoyed !

Richie-from-the-Boro

Twuncle has been told many time :

- "could not reapply for a further 6 months" - to appeal regardless, using the phrase 'reconsideration'
- "indefinite period DLA" means not definite, can be taken away by reassessment at any time
- LRMDLA counts for nothing in blue badge terms
- appeal every decision every time reference BB or DWP outcome

There's no legal requirement for LA's have either a review or appeal process for BB rejections. Twuncle has been given the stated reasons for refusal, Twuncle should already have written to the LA saying why their decision was wrong, and provide evidence to support the case. Twuncle's appeal / reconsideration letter and that important supporting evidence should have been sent ASP and at least within 4 weeks of receipt of the rejection / refusal letter. Best of luck.

harveybobbles

But you said

What annoys me is that I regularly see people, parking their blue badged cars on double yellow lines and walking away to the shops etc without any problems at all...

This implies that in your (narrow minded) view that all BB holders are able bodied.

McKneff

If anyone sees BBs being misused, take the registration number and report them.
Simples.

Marktheshark

harveybobbles wrote: »

But you said

This implies that in your (narrow minded) view that all BB holders are able bodied.

Quite a good few are, as I said earlier claiming disability benefits is a skill handed around.
Anyone who thinks that there is not a class of people who are professional benefit scroungers and know what illnesses can not be proven and faked is blind.
Why work when you can fool the system.

Just look at the courts pages in any local paper to see how many are actually "at it" and have been for years until they finally dropped the act and got caught.

harveybobbles

Marktheshark wrote: »

Quite a good few are, as I said earlier claiming disability benefits is a skill handed around.
Anyone who thinks that there is not a class of people who are professional benefit scroungers and know what illnesses can not be proven and faked is blind.
Why work when you can fool the system.

Just look at the courts pages in any local paper to see how many are actually "at it" and have been for years until they finally dropped the act and got caught.

I'm more than happy to dob someone in for falsly claiming. But I don't appreciate the OP refering to BB holders as "being able to walk to the shops without problems.."

Not all disabilities are visible.

To me it sounds like the OP has a titty lip.