Forgot to display blue badge.

Snakes_Belly

Fruitcake wrote: »

"The position is more complicated in the case of private car parks or privately operated car parks – for instance those at supermarkets – as the disabled parking spaces are generally not designated by Order and therefore no offence is committed by non-disabled people parking in these spaces."

People who have a temporary disability like a break and are in a cast and on crutches do not qualify for a BB as their disability is temporary. Supermarkets do let people in a cast and on crutches use the disabled spaces.

The_Deep

I was refused a blue badge some years ago as it was deemed by the Council's box ticking gofur that my disability was temporary. I made a huge fuss, and it was awarded on appeal.

Two knee and one hip operation later I still have, (and still need), my BB. Refusing a BB because a disablement is deemed to be tempory is wrong imo, how do they know that the patient will make a full recovery. How do they even know that a planned replacement will even take place. One of my operations was postponed for over a year because of high blood sugar levels.

nigelbb

The_Napper wrote: »

I apologise if this post is going over old ground as you seem now to have dismissed any thought of an appeal but as a total newbie to legal process as discussed on this forum I think it might be worth me saying how I perceive this rather baffling case.

It seems to me that the PCN was isssued correctly (arguable) but you lost this case on the grounds that signage stated you should display your BB but you failed to do so.
You have quoted regulations that state the BB cannot be relied upon in isolation.
You have stated you drive motability car. Does this car have motability or mobility stickers or similar? If so and these were displayed then surely you had legitimate cause to park in the disabled bay. If ANPR evidence (I assume they supplied it?) shows these then you can argue that the PPC unlawfully issued the PCN.

If signage did not state need of BB or other distinguishing disabled badge then these bays were not designated by Order and as such allows non disabled drivers to park there.

Surely somewhere in there there are grounds to have the original judge debarred?

You stated that you wish to keep your wife away from court.
It appears to me that your wife is acting as a "litigant in person" in this case and as such needs to attend court. Is it possible that you could somehow become her "unqualified court representative" (or whatever the legal term is) and as such rely solely on her WS in court without requesting her physical attendance? You could then do all the work to build up any WS as required and providing she signs it then it will stand in court. If the claimant then requests her presence it can surely be negated with a Doctors note or similar or even just fail to attend as the claimants representative did at the first hearing?

I know this is all speculative and more knowledgeable posters on this forum will shoot me down but as I said earlier this thread is somewhat baffling and I find it hard to believe the final outcome.

I know that you are trying to be helpful but you clearly don't understand the court process or know what you are talking about so your advice is wrong & confusing in so many ways that the OP needs to ignore it.

Umkomaas

The_Napper wrote: »

Ok, I have tried to retract my original text through a pm, you have ignored me. Now I will defend my original statement. I believe as stated that the accusation was wrongly judged . In the first instance you state my advice as being wrong, as a legal minded person you should have noticed that I did not offer advice, I merely speculated, if you wish to belittle me for my misdemeanors as a layman then please do so in the context that this forum purports to be as a means to educate and assist rather than to demean.

I know this is all speculative and more knowledgeable posters on this forum will shoot me down but as I said earlier this thread is somewhat baffling and I find it hard to believe the final outcome.

I rather think you invited the response you received. nigelbb knows his stuff.

Be careful what you ask for.

Lamilad

By all means call me thick and uneducated if you so desire

Why invite such comments when you will only bite back with a defensive response. This thread is already turning into "The Napper" show.

nigelbb

The_Napper wrote: »

yes..ok.. maybe as nigelbb says my advice is wrong but so far I do not see any input from him to help antandann. My input as such may well be minimal but at least I am trying to help. Sometimes an idea from an unlikely source will change the final outcome, but this only if prejudice fails to disqualify such ideas.
Oh to be on that pedestal!
Please be of mind, this forum taught me how to fish!!

Sorry if I was blunt but I did preface my comment with "I know that you are trying to be helpful but...".

I didn't see your PM. In common with other forum other regulars I generally don't accept PMs & keep my mailbox full to prevent delivery otherwise I would be swamped & in any case advice is better given in the open forum so it can be critiqued as it was in this case.

BTW I already offered my advice to the OP in suggesting that an appeal was futile & that best bet would be to send a LBC to the landowner in the hope that they cough up out of embarrassment.

The_Deep

The fact is, there is a huge amount of poor advice on MSE, especially on housing, where everyone is an expert.

The_Napper

nigelbb wrote: »

Sorry if I was blunt but I did preface my comment with "I know that you are trying to be helpful but...".

I didn't see your PM. In common with other forum other regulars I generally don't accept PMs & keep my mailbox full to prevent delivery otherwise I would be swamped & in any case advice is better given in the open forum so it can be critiqued as it was in this case.

BTW I already offered my advice to the OP in suggesting that an appeal was futile & that best bet would be to send a LBC to the landowner in the hope that they cough up out of embarrassment.

The_Deep wrote: »

The fact is, there is a huge amount of poor advice on MSE, especially on housing, where everyone is an expert.

In light of the above comments I have deleted all my postings on this thread and apologise if I have caused any offence or wasted anyones time. Let it be as if i was never here - Cheers!!

antandann

https://www.gov.uk/guidance/appeal-to-the-court-of-appeal-civil-division

I was just quoting from the link above. But it confuses the hell out of me so I've probably misunderstood something. I'd love some help please with the draft to the carpark owner. I'll draft something as soon as I get chance. Thanks everyone for the continued support.

System

Hi everyone,
I wonder if anyone can advise me on this. I have only very recently gotten a blue badge. I have memory problems as part of my disability. I was unfairly dismissed from my job and having to claim benefits I have been fined 3 times in the last couple of months for forgetting to display my blue badge. I have appealed every time and sent evidence of my badge, letters from my consultant neurologist and bank statements to show I couldn’t afford to pay. Each time the appeal has been rejected on the basis that they allowed my appeal the first time I forgot and I am only allowed to have one appeal accepted in the lifetime of the badge (3 years). I have just gotten another fine for the same thing..(I have now stuck m6 badge to my windscreen to avoid further incidents).
This fine will mean I have had to pay over £100 over the last few months which has crippled me financially as I can’t even pay my mortgage at the minute.
It is a local authority car park outside leisure centre. I feel this is very unfair as the mistakes were genuine, as a result of my condition Does this not constitute disability discrimination?
I’m not sure whether to just pay yet another fine or should I formally challenge under breach of equality act?

Any advice gratefully received

Many Thanks

Tess