Contravention 40 - no disabled badge showing

[OldBear]

Hi all,

 

Been a while since I posted on this forum, but I need some sage advice, although I suspect the replies I get will be bad news.

 

Me and Mrs Bear have an autistic, brain damaged son who is the holder of a Blue Badge; we've had this badge for some years. The local council also placed a disabled space outside our front door, (I am aware that this is NOT for our sole use btw).

 

Over the years numerous attempts have been made to break into our car during the night, and back in 2004 some scally did finally nick the badge. Cheeky b*rsteward ignored all the fancy cars in the street just to pick on our old banger, presumably for the badge. Anyway, having reported it to the cops and obtaining a crime ref, the cops simple advice was "don't leave it in the car overnight". Fair enough, we haven't since... but it hasn't stopped us getting numerous attempted break-ins, simply because we're in a disabled bay. That said, nothing from the council in over 3 and a half years, but...

 

... got up this morning to find Barnet Council have hit us with a PCN for £100 (£50 if paid in 14 days) for not displaying the badge. The fellow who stuck the ticket on there must have been keen (or on good commission), the ticket was issued at 23.39 (20 to 12 midnight) in the pouring rain.

 

Spoke to parking, told her of the constant attempted break-ins, mentioned the Police advice and was told, "they had no right to tell you that, you'll have to pay". She then transferred me to the department who can take away the bay, as I told her we were constantly being targetted because of it. Their advice: "If you don't want to be a target, don't park in the bay!"

 

The reason we got the bay put there in the first place was for security for our son, and because of his walking difficulties.

 

Anyway, I'm rambling. Questions is: is this worth appealing against? The police 'advice' would probably be marked as hearsay; we 'strictly' speaking ARE in the wrong, but we're on benefit and can't afford either amount.

 

Another thing: we're on the very edge of the borough, so are wondering, is this a normal time of night for parking wardens to be strolling about in a side street, in the pouring rain, on the very edge of a borough, or were we reported?

 

I spoke to the Barnet Blue Badge people and asked if they had any type of scheme in place similar to most other London boroughs, wherein they issue a separate permit which can be used overnight instead of putting the BB and the car at risk; they said "No!" I suggested it was a money making scheme, she neither admitted nor denied it, but merely sighed.

 

Thanks for listening, and for any advice.

 

OB

[Bookworm]

I have no good advice, I'm afraid, just a big load of sympathy for you and your circumstances. Damned if you do, damned if you don't. I can't condemn the warden who slapped a ticket on a non BB'd car... but I can understand why you wouldn't leave your badge in either, seems like you're caught between a rock and a hard place.

[hagenuk]

I would suggest that whether or not the ticket was correctly issued, you should appeal at once. You have a valid reason for the Blue Badge and an equally valid reason for not displaying it at night.

 

I would consider that the ticket was wrongly issued, although of course, the ticketing warden would not necessarily know this.

 

In this instance, I think you should appeal and you should contact the parking enforcement office at Barnet Council, the details will be on the rear of the ticket. If you get nowhere with them, you should contact the National Parking Adjudication Service.

 

While either Barnet Council or the NPAS are investigating this, you preserve the right to pay at the discount rate.

 

Look here for details.

 

Challenging your Penalty Charge Notice - NPAS

 

 

[Zamzara]

How is the bay signed? To be enforceable it needs a sign on a pole stating the restriction; the ones written only on the road are advisory only.

[green_and_mean]

Another thing: we're on the very edge of the borough, so are wondering, is this a normal time of night for parking wardens to be strolling about in a side street, in the pouring rain, on the very edge of a borough, or were we reported?

 

Probably a mobile patrol to be out that time of night looking for problem parking. May sound a bit harsh but at the end of the day they are trying to keep bays free for genuine users like yourself.

Most Councils have a policy of letting BB users off on the first offence providing they send in a copy of the badge so its worth a go despite what the person said on the phone.

You can get a BB holder thats metal and secures the badge to the steering wheel with a padlock which most people round here use to avoid theft.

 

Redirection Example Sans Comments

[green_and_mean]

I would suggest that whether or not the ticket was correctly issued, you should appeal at once. You have a valid reason for the Blue Badge and an equally valid reason for not displaying it at night.

 

 

Not displaying the badge because you were worried it may be stolen is not grounds for appeal only mitigation which the council can choose to listen to or ignore depending on their policy. Owning a badge is not sufficient to be parked in a BB bay it needs to be displayed.

What would stop you leaving your car in the bay and then using the badge in a relatives car to go shopping for example? The system is heavily abused as it is without letting BB holders park without putting the badge in the vehicle.

[OldBear]

Hi all,

 

Thanks for all the quick replies.

 

I should point out that I'm not actually trying to get out of paying this charge, (well, maybe a wee bit); I was more looking for advice on whether the (wrong) advice from the Police was reasonable grounds for an appeal. That said, I do appreciate that ignorance of the rules is not a defence.

 

Bookie and G&M, I totally agree with your points about the warden only doing his job, keeping bays free for genuine users, and of the ways in which using the badge 'twice' could be done, etc.

 

I probably will appeal on the grounds that I was taking the Police's own advice, and that there was never any intention to purposely flout any rules or laws, and then hope I get someone in a really good mood.

 

That said, I do and would welcome more of your thoughts on this, guys.

 

OB

[green_and_mean]

Before appealing check that the Council holds the discount price until you have made representation to them. I would not bother taking it further than the Council as the adjudicator cannot rule in your favour if you admit it was indoors as it is proof the contravention took place only the Council are able to accept mitigating evidence.

[Michael Browne]

then hope I get someone in a really good mood.

 

Failing that, you could look on it as one £50 fine in 3 years against possibly several broken windscreens. Not much consolation, best I could come up with

[OldBear]

Before appealing check that the Council holds the discount price until you have made representation to them. I would not bother taking it further than the Council as the adjudicator cannot rule in your favour if you admit it was indoors as it is proof the contravention took place only the Council are able to accept mitigating evidence.

That's an excellent piece of advice, and something I had not considered, but which I can now assure you is totally on board, thank you, G&M.

 

One of the reasons I appreciate this forum is because people aren't (and shouldn't be) afraid to say what they think, even if it's not what the OP wants to hear. Thanks to all for your honest answers and opinions.

 

I may end up appealing just simply because I have the right to do so, knowing that in the end I will just have to accept that I am/was in the wrong and pay the charge.

 

Failing that, you could look on it as one £50 fine in 3 years against possibly several broken windscreens. Not much consolation, best I could come up with

Thanks to you too, Michael, that's a very fair and extremely valid point... and it made me smile, too.

[green_and_mean]

Another point to consider and may be worth taking to adjudication is time to get permit. If the ticket was issued instantly with no observation period as most PAs do in BB bays you do not have time to get the badge from the house to display in the car. The contravention is after all parked without displaying not stopping. Lets say your wife has been using the badge to drive your son about all day in her car which is now in the drive. You arrive home and park in the bay to collect your son to take him out somewhere you should be allowed time to go in the house to get the badge just as if you would a residents visitor permit. The badge holder may not even be a driver if you went round to get an elderly relative it would be stupid to expect you to park down the street walk to the house, get her badge, return to the car, drive to the house then park outside before going inside to collect them.

[hagenuk]

Not displaying the badge because you were worried it may be stolen is not grounds for appeal only mitigation which the council can choose to listen to or ignore depending on their policy...

 

...Which was exactly my point.

 

The reason you give for the badge needing to be displayed rather than just held is of course perfectly proper, but it is also not unreasonable to expect a badge holder to want to protect the badge and their car from vandalism and theft.

 

Try the council parking office, you may be surprised.