Forgot to display blue badge.

Snakes_Belly

Was the Blue Badge for the neurological condition?

nigelbb

It’s all very well coming here after the event having a moan about the injustice of it all but it would have been more fruitful if the OP had sought forum advice before this ever came to court. We haven’t heard the full story but AIUI an able bodied driver transporting a disabled person parked in a disabled space but for some reason or other did not display a Blue Badge as required by local parking terms & conditions. I hope the OP agrees that it’s right & proper that those not entitled to park in a disable space should be deterred from doing so. On the face of it the “fine” was legitimately issued as the PPC operative had no way of knowing that the vehicle was entitled to park. It’s what happened next where it all went wrong.

Was there an appeal to the PPC?

Was there an appeal to the landowner?

Was the retail outlet the BB holder visited asked to help get the “fine” quashed?

Please show us your appeals & your defence.

On the face of it an appeal is unlikely to succeed as by all accounts the driver was caught bang to rights. It’s only your defence arguments that could possibly provide a slight opportunity of success if they were properly presented but rejected by the judge.

Please answer the questions & we will try to help.

The_Deep

I agree Nigel, so many people who come here are the architects of their own misfortunes.

I suspect that the OP made a poor fist of this case against a judge who did not fully understand the requirements of the EA.

He now has the chance to put the matter right by taking the landowner and the PPC to court for disability discrimination. This, imo, he would have is a good chance of winning.

nigelbb

The_Deep wrote: »

I agree Nigel, so many people who come here are the architects of their own misfortunes.

I suspect that the OP made a poor fist of this case against a judge who did not fully understand the requirements of the EA.

He now has the chance to put the matter right by taking the landowner and the PPC to court for disability discrimination. This, imo, , would have is a good chance of winning.

I doubt this has legs either as it was a passenger in the car who was the Blue Badge holder. We have sketchy facts but I don’t think the RK was the BB holder either.

It might be worth a £35 punt in the small claims court in the hope that the landowner settles to avoid public embarrassment but I wouldn’t risk going to a hearing. The disabled person was not discriminated against because an able bodied driver mucked up displaying the Blue Badge.

Half_way

As above, and previous the way forward would be a separate claim against the landowner.


The Blue badge on private land is no more than a token to show that someone in the vehicle has a disability.
Landowners are compelled by the Equlaity act ( formerly disability discrimination act - DDA) to provide people with a protected characteristic ( ae a disability) with reasonable adjustments as far as is practicable.
In virtually all car parks this will involve a disabled bay area with wider bays, usually closer to the store and on level ground ( although the latter two are being pushed out of the way in favour of parent and child bays)



The issues start to happen when people forget as people do from time to time - especially when stressed/dealing with other things etc, in some cases as part of their disability.
Or do not qualify for a BB, the BB has expired, the paperwork for applying is too much, they dont want a BB as they are too proud and it is a token/sign that they have given in to their disability, they are young and do not want a BB as its not seen as a good thing to have ( peer presure etc)



So As soon as a landowner/car park owner/PPC becomes aware that a person has a protected characteristic any action against them should be dropped.
If a landowner/car park owner/whoever contracted the PPC becomes aware then they must take action to stop the person being harassed, or made worse off.




In the case with the OP in this thread, is the landowner aware of whats happened?
has there been any attempt to put things right with the landowner?

nigelbb

Half_way wrote: »

So As soon as a landowner/car park owner/PPC becomes aware that a person has a protected characteristic any action against them should be dropped.
If a landowner/car park owner/whoever contracted the PPC becomes aware then they must take action to stop the person being harassed, or made worse off.

The OP hasn't given the full story but AFAICS the disabled person has not been "fined" or harassed in any way. The able bodied person didn't display the Blue Badge & has been forced to pay the penalty just as if they had parked in a parent & child space without a toddler.

Half_way

nigelbb wrote: »

The OP hasn't given the full story but AFAICS the disabled person has not been "fined" or harassed in any way. The able bodied person didn't display the Blue Badge & has been forced to pay the penalty just as if they had parked in a parent & child space without a toddler.

In which case the able bodied registered keeper should have taken all reasonable steps to inform the parking company and the landowner that a person in the vehicle had a protected characteristic.
There are plenty of people ( myself included) who have driven with disabled people in the vehicle and used/had to use a disabled bay in a private car park with no BB being displayed



Parent and child bays are no more than gimmicks, and cause issues for those with a genuine need to use a disabled bay, such as the "I parked in a disabled bay as there were no Parent and child bays available" type case that appears here every now and again

nigelbb

Half_way wrote: »

In which case the able bodied registered keeper should have taken all reasonable steps to inform the parking company and the landowner that a person in the vehicle had a protected characteristic.

As previously mentioned the OP has provided very sketchy information but it appears that they did not inform the PPC or landowner that a person in the vehicle had a protected characteristic. It's easy to be wise after the event but the easiest way to inform the PPC that a person in the vehicle had a protected characteristic is to display a Blue Badge.

antandann

If I come across as having a chip on my shoulder I apologise. I'm not criticizing anyone on the forum and appreciate everyone who has tried to help. There are many things I didn't do in hindsight, probably due to personal matters in my life that relegated this matter way down the line of importance. I'm just really upset at myself, failing my wife and when combined with the personal matters I broke. I came home from the court case and sobbed. We all have breaking points. Just to reiterate that I don't hold anyone accountable for my actions and decisions and I am extremely grateful for all the help and advice. I'm sorry for venting, and (once I've calmed down) maybe people can learn from my mistakes, which were many.

D_M_E

I have to ask - everything points to the blue badge scheme not applying to private parking areas, so therefore there would be no need to display one anywhere in a private car park, particularly as the car park in question is free.