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clarification on PCN with blue badge

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135

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  • Big_Dave88
    Big_Dave88 Posts: 20 Forumite
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    Fruitcake wrote: »
    CEL are BPA members, however you have quoted from version 5 (2014) and earlier. Clause 16.5 was removed from version 6 (2015) and not re-introduced for (the current) version 7 (2018.)

    Barstewards!


    Thanks, I wasn't aware of that. It was all the info I could find on the net when I submitted my appeal. Still they accepted it.
  • Umkomaas
    Umkomaas Posts: 41,407 Forumite
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    This is the latest fudge by the BPA, so as to allow their members access to penalise Blue Badge holders! No one is safe - they even sue young children with mobility vehicles where their name is on the V5C.

    As Fruitcake describes them .......!
    16 Disabled motorists
    16.1 The Equality Act 2010 says that providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people.

    16.2 ‘Reasonable adjustments’ to prevent discrimination are likely to include larger ‘disabled’ parking spaces near to the entrance or amenities for disabled people whose mobility is impaired. It also could include lowered payment machines and other ways to pay if payment is required: for example, paying by phone. You and your staff also need to realise that some disabled people may take a long time to get to the payment machine.

    16.3 Operators of off-street car parks do not have to recognise the Blue Badge scheme. But many choose to do so to meet their obligations under the Equality Act. Although a Blue Badge is not issued to all disabled people it is issued to those with mobility problems. So it is a good way for parking operators to identify people who need special parking provision.

    16.4 You are at risk of a claim under the Equality Act if you do not discourage abuse of the ‘disabled’ spaces.This means that you need to make sure the spaces are regularly checked to be sure they are not being used by people who do not have a disability.
    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.

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  • Redx
    Redx Posts: 38,084 Forumite
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    we dont know why the OP mentioned the Blue Badge

    but we do know that the BB qualifies them under the EA2010 and so I concentrated on that aspect in my reply

    this means they are forewarned about the EA2010 possibilities and so cannot say they WOULD HAVE CANCELLED IT HAD THEY KNOWN at a later date

    ie:- it puts them on notice
  • doggychops
    doggychops Posts: 44 Forumite
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    hi folks

    i only mentioned the blue badge as i thought it may have assisted with the appeal.
    I am interested to gain the photographic evidence they provide as she only visits with my children and i collect them from her house after work just after 5. The incident states she was there from 16.25 until 19.36. I feel the urge to question their equipment but don't want to rile them further.
  • Redx
    Redx Posts: 38,084 Forumite
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    depends on what they are alleging the infringement was

    it is most likely that they will state the driver overstayed the allowed time, because they tend to limit the time on site to say 1 hour or 2 hours or 3 hours

    whereas the MIL will know that she is allowed up to 3 hours (common knowledge) but this only applies on public roads etc , so both she and her family should read the blue booklet and ensure that she or they comply with the signage on private land like supermarkets , hospitals, retail parks, fast food outlets , airports , stations , ports etc

    on private land the landowner or PPC may and usually do issue rules for BB holders and they tend to insist that the BB is on display , but the "3 hour rule" rarely applies on private land and can vary from say 15 minutes to 4 hours !

    I would still add the scan and warn them about the equality act 2010 , regardless , that way they cannot say they werent told later down the line
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Throughout here you are advised never to reveal who was driving


    You need to edit your posts to remove details of who was driving


    The ppcs monitor this forum and can use your posts against you
  • doggychops
    doggychops Posts: 44 Forumite
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    will do.

    she has sent me photo of her bb today so will get it sent tonight.

    Thank you
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Make sure you don't reveal who was driving in your appeal!
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
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    Still don't get what the BB has to do with anything. OP - you really need to be clearer to enable us to help.

    For example, if there is a 30 minute parking limit, staying 2 hours with a BB is of no use whatsoever.
  • Coupon-mad
    Coupon-mad Posts: 132,078 Forumite
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    Guys_Dad wrote: »
    For example, if there is a 30 minute parking limit, staying 2 hours with a BB is of no use whatsoever.
    Can be, Guys Dad.

    For example, on street, if there is a 30 minute free parking time limit, a BB holder can stay in that bay ''as long as they need''.

    I read the BB handbook fairly recently, due to a relative I drive around sometimes.
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