District Enforcement & Gladstones Solicitors

Umkomaas

My young son is severely disabled... and we have blue badge... so we did not pay the fee to park.  But I wish we had, cos its only 1.50 a day which make this even more annoying.

There are very few private P&D car parks where disabled/BB holders get free parking any more. Do not assume private car parking is the same as council car parking - chalk and cheese, and a whole lot more expensive if you transgress, with significantly reduced prospects of a successful appeal. 

Redx

Most pay and display car parks cost money for blue badge holders , be they private parking or council parking

They may allow a BB holder longer , say an extra hour

Somebody did not read the blue booklet properly 😜

Coupon-mad

A good defence is often that there were no signs near the BB bays except saying to display a BB, so no terms were seen.

bad_year

Appreciate everyone's comments, thanks... but sorry I am not making myself clear...

Previously (and I guess at time of the so-called offence) the Sign said:

"Blue Badge holders are exempt from Pay before Exit Charges once a a valid blue badge has been registered with District Enforcement"

No idea what the last bit meant? ...and we just parked. (nothing on their website about registering a BB?)

And since then, we have probably parked there about 30-40 times without paying and with no problems whatsoever.

Yesterday I looked again and the sign has been changed?

It currently says:

"Blue Badge holders are exempt from Pay and Display Charges when clearly displaying a valid blue badge"

No idea WHEN or WHY it was changed, but it makes more sense now of course.

So... my question is HOW do I write a defense in No. 3. in the template, when I have no idea why they are saying I should have paid?  As no evidence or explanation was given.

Hence why asked can I request they send me a photo or something to explain - maybe their camera not see the BB or something?

Coupon-mad

Why not just state that the Defendant has checked the signs on site and parking is free for Blue Badge holders.  It says: "Blue Badge holders are exempt from Pay and Display Charges when clearly displaying a valid blue badge".  The Defendant's car was displaying a Blue Badge and the family is familiar with this car park, having parked there about 30-40 times without paying and with no problems whatsoever.  The Claimant is put to strict proof that any contravention occurred, which is denied.

Redx

Better information begets better replies and advice

Follow the advice above

bad_year

Yikes!!!!  Been photocopying our car reg doc (to show its class is "disabled") and also the front & back of my son's disability Blue Badge etc., and just noticed the "valid from" date on my son's BB is actually 3 months AFTER the blooming date of the parking offence and PCN !

So we could NOT have displayed his badge that particular day :-(

Like I said before, I "know" we have never paid to park there... so what to do?

Is there any point in trying to do a defense?  

Is it too late to try and negotiate with them? (they not even reply to my email) for the SAR photos.

Or should we just pay it all?


The breakdown is:

50 PCN
60 contractual costs
10.85 interest
Total - 120.85

plus

Court fee - 25
Legal rep - 50

Grand total - 195.85

Thanks for any advice

nosferatu1001

Did you have a previous blue badge? I'd so SAY. State it was first applied for on x date, on y date you what, returned it to get the new one?

Coupon-mad

Or, did he have the medical need/disability on the material date but was awaiting his Badge?  It's the need, not the badge, that matters, on private land.  What did the landowner say?

bad_year

I believe its owned by the local council... but run by DE... definitely has a history of issuing erroneous PNC and also one to an 80yr man with BB. Years ago it was free for everyone.

Our local MP is even personally aware of my son (and his disabilities) as he intervened to help us last year when we had problem with the council and his nursery placement hours.  

So YES he certainly has a "need", I have pages upon pages of stuff to support this both NHS and private specialist charities... BUT it was his 1st badge.

Before we got it, I took the view of sometimes parking in a disabled spot regardless (as we also used to have to do at Tescos etc.) before the BB was issued.  When busy-bodies and the self-appointed parking police actually see our son they would quickly shut-up of course.