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Appeal use of disabled space after hip operation?

13

Comments

  • Umkomaas
    Umkomaas Posts: 44,418 Forumite
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    baza52 wrote: »
    Yes, Don't park in a disabled bay when your not disabled.
    That IS moneysaving advice.

    I wonder how you might have felt had someone gratuitously offered you similar 'moneysaving' advice for your recent parking problem?
    'Don't park on your front lawn when it might belong to the council'.

    You were given much more helpful advice, and no 'bang to rights' sarky remarks.

    https://forums.moneysavingexpert.com/discussion/5294383

    http://forums.pepipoo.com/index.php?showtopic=100613
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • baza52
    baza52 Posts: 3,029 Forumite
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    Fruitcake wrote: »
    A blue badge/disabled badge is not the only indicator of a disability. What moneysaving advice do you have for disabled people who do not posses a disabled badge with respect to parking?

    Again, if you do not have a blue badge and you park in a disabled bay you are likely to get a pcn.
    By NOT parking in a disabled bay that IS moneysaving.
  • Fruitcake
    Fruitcake Posts: 59,531 Forumite
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    edited 14 August 2015 at 6:16PM
    baza52 wrote: »
    Again, if you do not have a blue badge and you park in a disabled bay you are likely to get a pcn.
    By NOT parking in a disabled bay that IS moneysaving.


    Not having a blue badge saves money as well. They aren't free. I'm just wondering what advice you can give where a disabled person who is covered by the relevant part of the Equality Act 2010 but doesn't have a blue badge could do to save money when parking.


    You said, "Don't park in a disabled bay when your not disabled."


    So, if I were to take my disabled Mum out for tea somewhere, I am perfectly entitled to park in a disabled bay because she is disabled. She doesn't have a blue badge though, so what is your money saving advice in this situation? Park somewhere else and effectively discriminate against my own mother?


    Anyway, this isn't helping the OP so in fairness to them I will not post further on this subject unless I have something positive I can contribute to his/her situation.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • baza52
    baza52 Posts: 3,029 Forumite
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    edited 14 August 2015 at 6:24PM
    Fruitcake wrote: »
    Not having a blue badge saves money as well. They aren't free. I'm just wondering what advice you can give where a disabled person who is covered by the relevant part of the Equality Act 2010 but doesn't have a blue badge could do to save money when parking.


    You said, "Don't park in a disabled bay when your not disabled."


    So, if I were to take my disabled Mum out for tea somewhere, I am perfectly entitled to park in a disabled bay because she is disabled. She doesn't have a blue badge though, so what is your money saving advice in this situation? Park somewhere else and effectively discriminate against my own mother?


    Anyway, this isn't helping the OP so in fairness to them I will not post further on this subject unless I have something positive I can contribute to his/her situation.

    Its simple, IF you have a BB you can use a disabled bay.
    If you DO NOT your likely to receive a PCN for parking there.
    The same as if you park on a yellow line without displaying the BB

    Yes, BB's are not free. We paid the council £10 for my wife's.
  • baza52
    baza52 Posts: 3,029 Forumite
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    Umkomaas wrote: »
    I wonder how you might have felt had someone gratuitously offered you similar 'moneysaving' advice for your recent parking problem?
    'Don't park on your front lawn when it might belong to the council'.

    Not relevant as my lawn does not belong to the council :)
  • Umkomaas
    Umkomaas Posts: 44,418 Forumite
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    baza52 wrote: »
    Not relevant as my lawn does not belong to the council :)

    Have you had the PCN cancelled by the council now?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 14 August 2015 at 7:20PM
    Some odd views here

    In my opinion some LAs are overzealous in refusing BBs. However the "bad backs" always seem to get them

    http://www.telegraph.co.uk/news/1896614/Football-referee-mayor-claimed-disability-benefit.html

    http://www.theguardian.com/uk/2007/jan/19/ukcrime.jamessturcke

    http://www.itv.com/news/anglia/2014-06-05/suffolk-woman-told-to-pay-back-144-000-worth-of-benefit-claims-after-being-caught-water-skiing/


    Of course they know the ropes whereas the OAP with the hip replacement does not.


    My advice to the OP is to appeal, and involve the local paper, radio station, and Arthritis Care, the fact that he/she does not have a BB is the fault of box-ticking Town Hall hobbledehoys with targets to meet.
    You never know how far you can go until you go too far.
  • TDA
    TDA Posts: 268 Forumite
    Has your disability lasted 12 months or longer, or is it likely to?
  • Umkomaas
    Umkomaas Posts: 44,418 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    baza52 wrote: »
    Not relevant as my lawn does not belong to the council :)
    Umkomaas wrote: »
    Have you had the PCN cancelled by the council now?

    Hello - we're trying to help. Any response from the council?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    edited 15 August 2015 at 12:37AM
    Forwood wrote: »
    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.

    I agree that a temporary badge would be helpful to people who have a temporary condition that seriously limits their mobility. But it would be difficult to enforce and even more likely to be abused. Campaign for such a scheme if you want but calling it an abuse is absurd.

    Suppose you pay for NHS prescriptions. Say one month you need 4 items. Would you think it right to tick the box saying you have a medical exemption purely because you think that people who have 4 items in a month should get them for free?

    Mitigation would be something like the sign on the bay had been stolen/obscured. When you deliberately park where you are not authorised to do so, I think it is a bit rich to start asking what the mitigations might be!

    But I do agree, you should appeal the BB if you think the condition will last long enough
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
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