Blue badge rules changed ?help needed

John&jean

Hi everyone John and Jean here
My wife suffers from very bad rheumatoid arthritis and has difficulty walking and has a blue badge. We always do the same trip on a Monday which is to the bank and a quick look around our local shops. Last week we were issued a parking ticket for misuse of a disabled badge.
We have a hire car at the moment and I was very unsure about parking so my wife said she would guide me into the space. After reversing, the car was slightly to big for the gap, another disabled driver pulled out 2 gaps up ,so I parked in that one.My wife and I then went to the bank and shops. When we got back a parking ticket was on the screen. Our local council says that is misuse and issued a fine as a parking attendant didn't see any female leave the car.
They even said to us I cant park in a disabled bay to collect my wife as this is also a offence (unless i stay in the car) So what happens when she needs to be escorted back to the vehicle ? We are very confused about this incident.
Any advice appreciated

c4thyg

I think you should be able to appeal this one. I recently appealed a parking fine because they had failed to notice the blue badge on my windscreen that allows me to park for 3 hours rather than 2 hours on the street in question. I think they are looking for repeat offenders and generally a first mistake can be appealed. good luck.

barbara12

Hi John and Jean
You must appeal this one, my OH dropped me off, then went to park the car, only to come back to a fine, we appealed and won,
Good Luck and let us know how you get on.
Oh and welcome to the forum...if you are new that is
Love
Barbara x

John&jean

Hi c4thyg and barbara12
We did appeal and they turned the request down.We would not have minded if the parking attendant came over to check the badge instead of observing for 2 minutes and placing a ticket on the screen.
So what would happen if I had to collect my wife from the hospital or shops ? Can I park the car in a disabled space then leave the car to help her back to the car ? I dont want to be fined once more as she has upcoming hospital appointments this week :roll:

Yes we are new to the forums, just getting the hang of it now thanks to the guidance of the grandchild

skezier

hi john and Jean,

i can't really help but just wanted to say hi and welcome to the forums. nice to meet you both and sorry for one handed typing. Cris x

elainebadknee

Hi

I cant help but think that a letter/article to the local paper would help on this one....Surely you have to maybe escort someone with mobility issues into a vehicle....And if this vulture watched you for long enough she would know that you were doing just that and not abusing a blue badge....
It annoys me this, its easy prey......

elainex

John&jean

Thanks for the advice and warm welcome
Its annoying and a very easy ticket, If you think about it they could fine every blue badge holder, and it would be up to us to prove our innocence :x
I shall update on the progress as we have an appointment with the head traffic attendant on Friday, since the car is a hire car the ticket isnt on our name......

dreamdaisy

Oh dear, what a mess. What about CCTV? There are cameras everywhere now, surely your wife will show up on there. You have to fight this, get your bank to help - after all they see you both every week! Officious little bossy stupid twerp of a warden. I am waving my arthritis wand furiously in order to give her a dose of RA! I wish you both well with this, please let us know what happens. DD

cthornley

Hi
Oh dear what a load of codswallop, and they wonder why do traffic wardens/parking attendants have a bad reputation :roll: I do believe many of them like many people these days won't apply a modicum of common sense
I don't know how you deal with this if they've turned down your appeal except for perhaps the newspaper route. I've tried this in different circumstances and wow amazingly everything was sorted within minutes of my appearance on the BBC.
Even if you don't get resolution there is a certain sense of satisfaction in pointing out stupidity to the wider world.
Hope you get it sorted
Chrissie

tjt6768

Hi John and Jean, I agree, go to the papers, and tell them that's what you're doing, it's disgraceful behaviour..
Good luck with whatever you decide to do but I am sure that he is wrong..
It may also be worth ringing the blue badge people themselves and asking advice,

Tony

frogmorton

Hi John anmd |Jean

welcome to the forums from me too.

Pedantic pillock that one :x

grrr!!!

I am with the others - get onto the local paper and make waves.

I wonder too if the bank would back you with a letter? someone else suggetsed something like this I think.

DON'T let this one lie :x

Love

Toni xx

claircoult

I believe what they have done is wrong. If you go to the Department of Transport website you can download a booklet called Blue Badge Scheme: Rights and Responsibilities in England which tells you how you can use your Blue Badge.

http://www.dft.gov.uk/transportforyou/access/bluebadge/

It states:

The badge is for your use and benefit
only. It must only be displayed if you are
travelling in the vehicle as a driver or
passenger, or if someone is collecting
you or dropping you off and needs to park
nearby for your benefit.

So even though your wife didn't get out of the car, you needed to park in the disabled bay for her benefit when you returned to the vehicle with her. As far as I can see you haven't broken any rules.

My husband uses my Blue Badge when he collects me from hospital because when he returns to the car with me in my wheelchair I need room to open the car door fully to be able to get in and I can't do that if he parks in a regular parking space. He is not abusing the badge, he is parking in the disabled bay for my benefit.

Could you get some advice from DIAL or someone like that?

Clair

julie47

Hi John and Jean

Welcome to the forum.

I would appeal if I were you.

Good luck and let us all know how you go on.

Juliepf x

salamander

Hi there, there must be a higher authority you can appeal to. As Clair pointed out, the rules about parking seem quite clear to me. My father was always dropping my mother off and then going to park as she couldn't walk any distance at all - you can't always park right outside where you want to be. That's a ridiculous interpretation of the rules and needs challenging.

John&jean

Well I always have stuck to the rules, first time there has been any problem. The same thing happened today when we were at the charity shop. A elderly gentleman parked in front of me in the disabled bay, and went over the road. A parking attendant walked out from behind the bus stop, checked the car and then placed a ticket on the windscreen, took a few photos and left. When the owners returned they were very very angry, I chatted to them and they had the blue badge on and his wife is blind so needed help back into the car after seeing the dentist. They always use the badge this way and have never had a parking ticket before.
I did read the rights booklet, but the council say once you drop of the blue badge holder, its no longer for her benefit. You must park in a normal bay. You may collect the holder from a disabled bay but you must not leave the car. What a load of rubbish and as you say salamander, a ridiculous interpretation of the rules.

salamander

That is ridiculous! What was my 80 something year old father supposed to do? Push my mother miles in her wheelchair? In many cases the only reason you are out with the person with the blue badge is because they have no other way of getting to their destination. You could argue that you wouldn't have gone out yourself unless your wife needed you to be there to both drive and escort her round the shops as she needs assistance in case she falls. In any case, the parking attendant may not have seen a female leave the car but that doesn't mean one didn't.

You could write to your local ward councillor and then escalate up to the Chair of Social Services if you don't get any joy. They need to know what decisions the council officers are making. It amounts to discrimination against the disabled in my view. Are you supposed to dump your wife onto the pavement and make her wait until you've parked the car? If she has severe RA she probably can't stand for very long in any case. The whole point of the blue badge is to make things accessible to disabled people not obfuscate things with obscure interpretations of the rules.

Unbelievable!

hileena111

Hi,
What a load of rubbish......traffic wardens would be better off putting tickets on cars that are parked in disabled bays with NO BLUE BADGE in the car.....Dont get me on my hobby horse LOL
Appeal again or write to higher authorites and i think its a good iedea to make a few waves by writing to the local paper.
Good luck and let us know what happens. My husband picks me up, parks in a disabled bay, and waits and I come on my mobility scooter but occasionally he comes in and has a cup of coffee.

I understand that you cant use it on your own....and agree with that but that seems to be saying that both of you cant drive somewhere, park in a disabled bay with a blue badge, and BOTH get out of the car and go somewhere together????? Is that what they are saying or have i got it wrong?
Love
Hileena

livinglegend

Two things you should consider.

1. Did the warden observe you returning to the car with your wife as you were collecting her. If not then dropping her off is immaterial to the case as you are allowed to drop her off OR collect her. Staying with the car or leaving it to assist the disabled person doesn't count at all, that's just rubbish.

2. The rules also state that: You must wait for at least one hour after a previous period of parking before you can park the same vehicle in the same road or part of a road on the same day. Moving the car to an alternative spot in the same road would put you in breach of this rule.

If you decide to take the appeal all the way, then should you lose you will be liable to pay the full charge and unable to pay the early 50% reduced amount. Unfortunately there is no way around this and it often deters people from appealing. However councils are also aware of this and for this reason usually reject the first appeal, often with a standard letter, even if it is valid, bear this in mind. The majority of appeals which reach the adjudicator are won by the motorist. Read more at http://www.ticketfighter.co.uk/appeals.htm before you decide what to do next.

But still kick up a fuss with your local loony council.

Joseph

John&jean

Thanks for all the help and support
The warden did not wait to see if my wife got back in the car ( 2 minutes observation time from the moment my husband parked the car till the ticket went on) We did ring and the and go in person to the local parking office and got told they dont want proof of my wife getting in the car, as your not allowed to use the badge if the holder isn't in the car.
We will kepp you all informed of the situation.
John

salamander

The more you tell us the more absurd it gets. If you are not allowed to use the badge unless you are in the car then, technically, you wouldn't even be allowed to load shopping.
As Joseph says, loony council. Also local papers often shame councils into a more reasonable response.
xx

livinglegend

John&jean wrote:

got told they dont want proof of my wife getting in the car, as your not allowed to use the badge if the holder isn't in the car. John

Page 8 of The Blue Badge
scheme: rights and responsibilities in England booklet (you will have been given this booklet when they issued the badge) is very clear on this:

It must only be displayed if you are travelling in the vehicle as a driver or passenger, or if someone is collecting you or dropping you off

Just found a bit of useful information for you, the Department for Transport has a Blue Badge Helpline on 020 7944 2914. It would be worthwhile giving them a ring and asking for 'guidance' as the council are obviously misinterpreting, (abusing), the regulations to rip-off disabled people.

Request that they also send the guidance in writing to you, then this information can be copied and sent on to the Chief Executive of your local council with your complaint. Also, add to any letter to the council, that they will have to check on every parking violation for a disabled person who has paid a fine due to any misinterpretation of the regulations, then contact and repay them in full, plus extra for the additional hardship caused.

Joseph

tkachev

Oh dear. My partner always drops me off close to the shops then parks in a disabled bay and comes to collect me as I couldn't walk to a normal space which would be a way away.So now I will have to stagger back to the disabled bay while he waits for me in the car or get out of the car after he parks in a disabled bay.I cannot see why walking back to the car in a disabled bay with your carer is considered abuse of a blue badge as the car is parked for your own benefit.

Welcome John and Jean. I do think they should let you off this time as it is not clear in the rules that this is not allowable.It is really unfair.

Elizabeth. confused.com

hileena111

I'm totally confused as well.......So my hubby cant get out of the car??? Seems silly.
If you get anymore info let us know please
I assumed that as long as it was being used for me that my husband could get out of the car as well......I know he cant use it without me but its getting sillier lOL
Love
hileena

John&jean

Hi everyone
No word yet on the ticket, will let everyone know what happens when i get more info.

Jean

hileena111

Looks like they are going to take their time doesnt it?#

Love
Hileena

anne49

Hi all

On the front of my local paper today, the council have announced that they are axing free parking for disabled motorists as a cost cutting exercise.

Hope all goes well with your appeal John and Jean.

Anne xx