Six year old disabled boy being threatended with bailiff enforcement.

[brassnecked]

No, it doesn't.

 

 

 

Yes it could.

But the EA still couldn't have it away with the Blue Badge on display, UNLESS they can ground that Beneficial Interest disaster to snatch it away; I'm sure there is some numbskull Judge out there who will rule a Motability car or one funded from PIP is fair game soon whatever is in TCG regarding Motability and Blue badges.

 

As it stands they can't touch it apparently as RK is a minor, so best thing is the council calls off the dogs, quoshes the penalty and everyone moves on. Somehow I think the council are too stupid for that.

[Bailiff Advice]

There is not the remotest possibility that this case will be subject to bailiff enforcement. None whatsoever.

 

The story has been subject to quite intense media attention and the local authority will have taken action to cancel this ticket. I have no doubt about that.

 

I would hazard a guess as well that CIVEA would have alerted all their enforcement companies to ensure that the debtor's name is flagged on their systems. Also, the media article confirmed that the Traffic Enforcement Centre is investigating this case.

[Peterbard]

I know this is one of those cases which makes you take a step back and say, how dare they.

 

But beyond that I have been looking at the legislation and background law and personally cannot find anything(in law) which stops the demands being sent. As registered keeper the young lad is liable for the fine, i can see no age restriction(perhaps someone else can).

 

Enforcement may not be possible however.

Perhaps we are all better registering our vehicles in the name of our children No I think the parent would be vicariously liable.

[mikeymack2002]

https://www.gov.uk/age-of-criminal-responsibility

[Peterbard]

iiMM nice to see you here.

 

Parking charges were decriminalised in 1991.

 

Usual accepted level of civil responsibility is 6, although due to the disability would need to be assessed in a competency

hearing.

[brassnecked]

iiMM nice to see you here.

 

Parking charges were decriminalised in 1991.

 

Usual accepted level of civil responsibility is 6, although due to the disability would need to be assessed in a competency

hearing.

The Autism would probably screw the Council over on the competency head, the child would not be competent, however in the USA the child could possibly be taken to court.

 

Would you like to see a disabled 6 year old dragged through even a civil court DB? Well there is an unpaid parking fine, and bailiffs involved so maybe he should have Attachment to Pocket Money, say until he is 18? I'm fed up of the DB/MM tit for tat posts.

[Peterbard]

The Autism would probably screw the Council over on the competency head, the child would not be competent, however in the USA the child could possibly be taken to court.

 

Would you like to see a disabled 6 year old dragged through even a civil court DB? Well there is an unpaid parking fine, and bailiffs involved so maybe he should have Attachment to Pocket Money, say until he is 18? I'm fed up of the DB/MM tit for tat posts.

 

No and it would never happen of course. It is interesting though, there is nothing I can find which prevents someone from registering his car with a minor.

Since the registered keeper is responsible for the fine, how does that bode for the authority trying to enforce the PCN ?

I am not talking about just in this case. But what if I were to do the same and register my car in say my grandsons name, would they still be able to enforce a parking transgression i had made?

[brassnecked]

No and it would never happen of course. It is interesting though, there is nothing I can find which prevents someone from registering his car with a minor.

Since the registered keeper is responsible for the fine, how does that bode for the authority trying to enforce the PCN ?

I am not talking about just in this case. But what if I were to do the same and register my car in say my grandsons name, would they still be able to enforce ?

No and that is the conundrum DB it would also be possible to register a vehicle in the mane of pet in all probability despite what DVLA say, but there would be issues in the insurance policy for Tiddles Jones. This FOI seems to ground things, and I think they will have to modify that V5 as an "On behalf Of".

 

https://www.whatdotheyknow.com/request/does_the_registered_keeper_of_a

[Peterbard]

This is very useful BN.

 

f a parent or guardian has registered the minor as the registered keeper because the vehicle is used to transport/aid the minor, this is incorrect. If the parent or guardian, is the person who is responsible for taxing and using the vehicle on the road then it is the parent or guardian details that must be shown as the registered keeper.

 

As you can appreciate there are ten's of thousands of vehicle registration certificates (V5C) processed daily by the DVLA, and the Agency is not in a position to verify each name provided on a V5C, and therefore each keeper's name is accepted in good faith, unless it is obvious by the clerk processing the V5C that the name provided is untrue or made up and would be rejected back to the address provided to clarify the keeper's name provided.

 

So if for instance motability has registered the vehicle in the child's name this would be incorrect(notice it does not say Illegal)

 

I know that when a car is ordered under the motability scheme for a person who cannot drive, or of severe impairment it is ordered by their representative who has to show his license and authority to act. I presume from this then that the car should be registered to that person.

[Peterbard]

This thought is what led me to question if perhaps the car was not rented through motability and perhaps the mobility element was used independently (the vehicle was purchased elsewhere)and the car was registered by the parents.

[brassnecked]

This is very useful BN.

 

I know that when a car is ordered under the motability scheme for a person who cannot drive, or of severe impairment it is ordered by their representative who has to show his license and authority to act. I presume from this then that the car should be registered to that person.

 

Will have to check, but I think it needs to be in the name of the person entitled to the PIP funding it somewhere, the Zero Rate VED would have to be in that name but I'm sure a parent can be RK for a minor in receipt.

[Peterbard]

Will have to check, but I think it needs to be in the name of the person entitled to the PIP funding it somewhere, the Zero Rate VED would have to be in that name but I'm sure a parent can be RK for a minor in receipt.

 

I thin the requirments of the DVLA would be the deciding factor.

 

I had a look at the MB website earlier, it is a nightmare to navigate. I asked, "is registered with the DVLA as keeper of the vehicle".

It came back with the answer," you can have any colour car you like"? LOL

[brassnecked]

As it stands knowing the bull-headedness and intransigence added to Common Purpose (pursuit of revenue) trumping common sense of councils and EA's under their control, plenty of scope for a repeat or two of this scenario sadly.

[Coughdrop]

If you are a Motability Scheme customer, your V5c vehicle registration certificate or 'log book' is held by Motability Operations Ltd so that we can tax your car automatically.

 

https://www.motability.co.uk/cars-and-wavs/customer-area/request-copy-of-v5c

 

Also from the motability web site:

 

Information for appointees

What is an appointee?

Appointees are solely responsible for collecting state benefits for the disabled person and for deciding how they are used. They are assigned by the Department for Work and PensionsOpens in new window (DWP) or Veterans UKOpens in new window and are usually a family member.

 

An appointee may be needed when the disabled person is under 16 years old or unable to look after their own affairs.

 

If you are unsure if you are an appointee, you can check directly with the DWP on 03457 123456 or Veterans UK on 0808 191 4218.

 

The appointee and the Motability Scheme

As an appointee, you would be the hirer of the Motability vehicle and legally responsible for the lease agreement, on behalf of the disabled person. It’s therefore your responsibility to ensure that the car is used for the right purpose and that the disabled person has full access to the car. You also take full responsibility for any outstanding monies for the Motability lease agreement.

[Peterbard]

It doesnt say who is the registered keeper on the logbook though, or does it ?

 

It seems to be important as far as identifying the liable party on a parking infringement. The document is held at the MB but does that men that they are registered keeper of the vehicle, seems unlikely.

[mikeymack2002]

As a Motability customer I can tell you that your name is on the log book. You can get a copy of the V5 if you request it. Or use the DVLA web site to verify the RK details, providing you are the customer...

[ploddertom]

 

 

Or use the DVLA web site to verify the RK details, providing you are the customer...

 

 

 

To get RK details past ot present you must write to them.

 

https://www.gov.uk/get-vehicle-information-from-dvla

https://www.gov.uk/request-information-from-dvla