Disabled Driver, parking fine woes

Nicky321

My Dad is a 65 year old disabled driver and holds a blue badge. Yesterday he had attended physio therapy at the local hospital and on his way home called at a DIY store at a retail park to pick up some gear. On returning to his car he noticed he had been instant fined because he had forgotten to display his blue badge. The traffic warden told him not to worry, to pay the fine and enclose a letter appealing against the fine and explaining what had happened.

Just wondered if anyone knows of any "Template Letters" to follow to appeal?

Would be grateful for rapid response if possible as he has already began to panic!
Cheers

seftonsun

If he's on a PRIVATE retail park he CANNOT be fined. So, was he on the public highway or a publicly (i.e. local council) operated car park? Only in those circumstances can he be lawfully required to pay what would be a Penalty Charge Notice (often referrd to as a PCN). This is a civil fine and not a crimainal offence so it can only be followed up as a bad debt not a criminal case. Even in those situations they do not having Parking Wardens, who are controlled by the police, but Parking Attendants who work for or on behalf of the local authority (Council).

A parking ticket (not a PCN) issued by a Traffic Warden or Police Officer does result in a fine which if not paid does become a criminal matter. These are not often issued nowadays as the majority of parking enforcement is undertaken by the local authority and PCN's are issued.

On private land (such as one would normally expect a retail park to be located) they normally utilise contractors to try and enforce what are often silly and stupid parking rules. They can try and charge your dad what in effect is at law damages for parking his car on their land and breaking their rules. They way they do that is to stick a completely worthless piece of paper (often they refer to it a a Civil Penalty Notice - probably to try and fool the gullible into thinking it's a PCN) on your windscreen in the hope that you will think and act as if it's some official parking ticket or PCN.

Tell your dad not to pay any fine. Once they have got your money you'll be very lucky to see it again. As a courtesy to them tell him to write to the address on the ticket and explain that he forgot to display his blue badge and that the person who issued the parking notice witnessed that he had a valid badge. Say in the circumstances he believes that they would not want to progress the matter further. I would expect that they will just write back and say they have decided not to progress the matter further. Remember that these people have no legal standing. Tell him not to worry but just write the letter and under no circumstances send any money to them.

I'm sure he knows, but in case he's worried about returning to this retail park and getting clamped, it is actually unlawful to clamp a car displaying a blue badge. So try and get him to remember to dispaly it at all times.

Good luck and tell him not to be worried.

wazza

Sorry to hear of your Dad's situation. Being a disabled driver myself i am keen to know what happens in your case.

Why is it there is no one there to fine those who park in the disabled bay because it is near the entrance of a store. Given up complaining to the customer services who are powerless to do something about it or can't be bothered.