Blue badge question

princessmoneysaver

We parked in a supermarket car park while on holiday with the in-laws with my MIL's blue badge clearly visible. There was no spaces in the disabled bays so parked in a normal space. We've now had a fine in the post, I did the appeal online but they have replied back saying because the badge is for the passenger not the driver it doesn't apply. They are asking for full names & addresses of both the driver & passenger, I'm not happy giving this information but am unsure what to do now - the information with the blue badge says it's fine to use as a passenger so I'm almost certain we shouldn't be paying this fine. Am I right?

fisherjim

You are being lied to by scammers.


This is not a fine I bet the PCN does not say that does it?



If you read the booklet that comes with a blue badge you would know that it has no lawful relevance on private land.


The badge is issued to a disabled person for use in a vehicle, the driver may or may not be the holder.


The badge holder must be present.


PPC's only use the BB as an broad indicator that the vehicle can use disabled parking it has no backing in law, and is not actually essential.


They are, in a round about way, trying to fish for the driver details don't give them and you have no liability to divulge the holder of the badge details. I am almost certain this is actually not on anyway!


I am confused as to why the invoice was issued what are their reasons?


Who is the PPC?


Now read the newbies thread where the scams are explained then come back for more assistance and to answer the questions above, at no point expose the driver details.

princessmoneysaver

They are saying we went beyond the 90 minutes allowed stay, and saying we need to pay £90 discounted to £45 if paid within 14 days. The badge holder was present & the badge was on full display the entire time. It says the creditor is Athena ANPR Ltd. I have also emailed the CEO of the supermarket to see if that makes any difference. I have not mentioned who was driving in any of the emails/appeals nor have I mentioned the details of who the blue badge belongs to just said it was a passenger.

pogofish

The Blue Badge has no legal meaning in private parking (check your issuer's handbook!) - Its the Equality Act that matters here as it applies to all suitably disabled people, regardless of any badge.

As well as following the advice in the Newbies Sticky, you need to be raising hell at senior level with the Supermarket concerned as they can be held jointly and severally liable with their contractor for any breaches of the Act and the potential penalties are heavy.

Half_way

Who's car park was this?
how much over the time was the vehicle?

princessmoneysaver

The supermarket have quickly got back to me saying they have requested the charge be cancelled due to us having the blue badge within the timeframe for this.

Half_way

What supermarket was it? Aldi?
Wait for confirmation before thinking its cancelled.

Redx

and in future, bear in mind that these people tell lies


but also READ that blue booklet (download the pdf and read it if necessary)


the BB is used on private land by companies who want an indicator about people covered by the EQUALITY ACT 2010 , which is what actually covers this vulnerable person (same as me)


despite what the liars said, it is for use by the owner (even if they do not or cannot drive, like my mum who could not driver and family and friends ferried her around)


so yes it covered the vehicle on the day , but only to show the retailers and sc@mmers that a person who qualifies under the EA2010 is using said vehicle, even as a passenger


they were phishing for drivers details, there is no doubt about that


read what the BPA CoP and the IPC CoP say about this BB aspect and the EA2010, which tells you about service providers having to provide "reasonable adjustment" under the EA2010


it is the latter that the supermarket or retailer is frightened about , the EA2010 aspect , not the BB per se


so be forewarned as a family as to where the BB covers this person and act accordingly , but on private land cite the EA2010 as the overriding law, an act of paliament that sets out to protect those who meet its qualifications, which includes people with blue badges, but also covers others too (those who qualify but cannot obtain a BB)

Half_way

If an ANPR system can't detect a person with a protected characteristic, then by default the system discriminates

fisherjim

Half_way wrote: »

If an ANPR system can't detect a person with a protected characteristic, then by default the system discriminates

Which should be overruled by an appeal to the scammers which is how the BPA would tell you the system is set up, but they always turn down, and the BPA always say they don't get involved in appeals.


In other words a crock of $h1t!