Appeal use of disabled space after hip operation?

Forwood

I'd appreciate some advice on whether it is worth going to the independent adjudicator on these facts:

I parked in one of the very many free disabled person's spaces outside a shop and was issued a ticket by the council. I appealed on grounds of mitigation as follows:

"I used one of the many available disabled person’s parking bays because I recently had a hip operation. I still have difficulty walking but because this is seen as a temporary condition I was refused a disabled person’s parking badge.

I am 63 and had to retire early due to my hip. "

8 weeks later the council have replied upholding the ticket. They're asking for £35 fine or if I go to the adjudication the risk is £70 if I lose. I have a small pension, so any fine is going to hurt.

Am I likely to succeed an appeal to the adjudicator or should I just pay up?

baza52

your not disabled, your recovering after an operation.

esmerobbo

baza52 wrote: »

your not disabled, your recovering after an operation.

Well it depends doesn't it!

You're disabled under the Equality Act 2010 if you have a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on your ability to do normal daily activities.

However a description of a disability from the Oxford dictionary is:

"A physical or mental condition that limits a person’s movements, senses, or activities": Which I would say recovering from a hip replacement certainly limits you're movement.

However back to helping the OP with a council ticket Pepipoo is you're best place, you will need to post up both sides of you're PCN and any correspondence with the council.

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

loskie

the offence is likely to be failing to display a blue badge.
IMHO you know you have no right to use this bay do the honest thing and pay up.

It really sickens me to see disabled parking bays being abused.

The_Deep

your (sic) not disabled, your(sic) recovering after an operation.


By the sound of it, OP Is both of these things.


It really sickens me to see disabled parking bays being abused.


This is not abuse, this is petty officialdom sticking to unfair and ill-considered rules, the OP needs a BB just as much as the bad back benefit bludgers who have convinced ATOS that they are unable to work and should receive lots of my tax money for doing foxtrot alpha.


I had a knee operation 6 months ago and still have extreme difficulty walking. Originally the Council refused my application for a BB, I persuaded them to issue one, but they behaved so dishonestly that my MP is taking the matter to the Ombudsman.

esmerobbo

There is a need for a temporary blue badge scheme. The OP has a temporary disability and is limited in their mobility.
It would be interesting to see the signage where the OP parked. Most you see now have "Disabled badge holders only" or "Blue badge holders only" , but I know one locally which states "disabled parking"

keepitlegal

Forwood wrote: »

I still have difficulty walking but because this is seen as a temporary condition I was refused a disabled person’s parking badge.

I think you've answered your own question with the sentence above, my advice would be pay up.

Keepitlegal

pogofish

Most of the conditions I'm aware of that would require a hip-op are actually covered by the equality act and if your condition forced your retiral, it would seem to me that you are at very least entitled to a badge.

Also, even afer the op, I've not seen many sufferers who have improved enough to get did of their badges long term, so you may still be entitled to one.

Forwood

Loskie said et al: "IMHO you know you have no right to use this bay do the honest thing and pay up.
It really sickens me to see disabled parking bays being abused."

IMHO, your intolerance and lack of understanding equally sickens me pal! I had osteoarthritis for 18 years. By the time I had my operation I was so whacked out on painkillers I couldn't work and had to retire early. The council in its wisdom refused me a badge.

Don't know if you've had a hip replaced - it's a very violent operation and recovery takes months and sometimes years. Some do not recover. I am slowly getting better but when I see something like 20 empty disabled bays I do not feel at all guilty about using them.

Like others have wisely said, the inability to get temporary badges is the real abuse, as there is significant need for these. A temporary badge scheme might also reduce those so-called disabled people who appear to me to have no difficulty walking to / from their cars

Now I do not at all dispute the offence - the question is whether there are mitigating circumstances that might stand up on an independent appeal. Councils are obliged to take account of these and in my view not allowing the first appeal seems harsh. If anyone has an informed view on this it would be good to hear it.

Redx

pepipoo forums is the place to ask about council issued tickets

yes there should be a temporary blue badge option, but that is a separate issue and currently you do not have either, so you will have to try to fight this one on merit

so ask on pepipoo , as it may be the case that you would have to pay it and somehow take them to task over a refund, plus do as THE DEEP did and fight them in order to get a BB issued, like he did , in the longer term

ie:- there are separate issues here, but the one you currently need help with is the council ticket and pepipoo forums have those experts

Umkomaas

Loskie said et al: "IMHO you know you have no right to use this bay do the honest thing and pay up.
It really sickens me to see disabled parking bays being abused."

He's popped in here previously. See this thread to read previous contributions. Draw your own conclusions!

https://forums.moneysavingexpert.com/discussion/comment/68690260#Comment_68690260