What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
Blue Badge Parking Problem - Jeffrey Ashmore

I have received a penalty charge notice for £100.00 (£60.50) if paid early, the car park was at a local supermarket, all the disabled bays were taken, so according to the blue badge rules one can park in parent and child, in this instance, this is what I did.

There was a person hovering round, presume he worked for the company who administer the parking, he never said anything just kept menacing other motorists and myself.

Has anyone else experienced such treatment?

Blue Badge Parking Problem - RT

, so according to the blue badge rules one can park in parent and child, in this instance, this is what I did.

I've never heard of that and my Blue Badge Booklet doesn't refer to it - I suggest you appeal to the store manager

Blue Badge Parking Problem - thunderbird

The Blue Badge Scheme is run by local Authorities and has strict rules. We had a card for my mother and currently have one for the mother in law. There is nothing in the rules about being allowed to park in a parent and child spot if no disabled bays are available.

Unless the individual supermarket has such a rule you are guilty but an appeal to the store manager may help providing its done within the time limits.

Its not abnormal locally for all the disabled spots to be occupied, some by cars displaying no badges but when we have complained the staff have done nothing about it. What we do is drop the badgeholder off at the drop off zone and park in a normal spot and after shopping do the same again.

It takes a few extra seconds but its better than risking a large fine for breaking the rules.

Blue Badge Parking Problem - daveyjp

Blue badge rules don't apply in private car parks.

What you have received is a speculative invoice. You are not 'guilty' of anything other than being a victim of a scam.

Money saving expert website has a private ticket parking forum which will assist in your appeal.

https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking

Edited by daveyjp on 18/07/2020 at 11:54

Blue Badge Parking Problem - 72 dudes

Agree with daveyjp

However this 'able to park in parent and child spaces if no disabled spaces available' seems to be a growing urban myth.

There was a discussion on the Which Mobility Car forum several weeks ago about a similar incident.

That was the first time I'd heard of it and Mrs 72 dudes has had a blue badge since 2000.

I guess blue badge holders wouldn't be too impressed if a mum and 4 kids rocked up in a disabled space?

But as others have said, over zealous jobsworth and a word in the right ear should get it waived.

Blue Badge Parking Problem - thunderbird

Blue badge rules don't apply in private car parks.

What you have received is a speculative invoice. You are not 'guilty' of anything other than being a victim of a scam.

Sorry but these type of comments annoy the hell out of me.

Car parks cost large amounts of money to build and when a shop spends that money they have the right to have people who are not shopping there fined for not following the rules.

Same as using disabled spaces with no badge and parent spaces with no kids.

If you break the rules stop moaning, pay up and don't do it again if you object to the fine.

Blue Badge Parking Problem - daveyjp

If facts upset you I can only apologise.

Blue Badge Parking Problem - thunderbird

If facts upset you I can only apologise.

I get annoyed when people are lead to believe its OK to park anywhere you want because some half wit on a website will tell you its OK and not to pay the fine.

Follow the rules and you don't get fined. If you insist on breaking the law expect to be fined.

If you break the law do not expect a get out of jail free cars or any sympathy from me.

The sites that spread this nonsense should be closed down.

I hope all the people who take cases to court and their fines are increased.

Blue Badge Parking Problem - RT

If facts upset you I can only apologise.

I get annoyed when people are lead to believe its OK to park anywhere you want because some half wit on a website will tell you its OK and not to pay the fine.

Follow the rules and you don't get fined. If you insist on breaking the law expect to be fined.

If you break the law do not expect a get out of jail free cars or any sympathy from me.

The sites that spread this nonsense should be closed down.

I hope all the people who take cases to court and their fines are increased.

Civil courts can only uphold the penalty charge, they have no power to increase the charge - which isn't a fine.

It is legally correct that Blue Badge rules don't apply on private property - planning consents impose a specific number of disabled parking spaces to be provided, there's no such requirement for parent & toddler spaces.

Blue Badge Parking Problem - daveyjp

This is the 'Legal Matters' board.

The issuing of invoices in private car parks is backed up with a specific law. Anyone accused of breaking any law has the right of appeal. That is the legal advice given to the OP. They may lose their appeal.

I don't appreciate being referred to as a 'half wit' on a public forum for merely pointing out the legal position.

Blue Badge Parking Problem - thunderbird

I don't appreciate being referred to as a 'half wit' on a public forum for merely pointing out the legal position.

I did not refer to you as a "half wit" and I did not refer to "public forums"

Read what i actually said

"I get annoyed when people are lead to believe its OK to park anywhere you want because some half wit on a website will tell you its OK and not to pay the fine."

Clearly no reference to you and I clearly said websites.

Blue Badge Parking Problem - Brit_in_Germany

Using terms such as "scam" and speculative invoice" and then referring to these as "facts" does make one wonder though.

Edited by Brit_in_Germany on 20/07/2020 at 20:03

Blue Badge Parking Problem - Bromptonaut

I get annoyed when people are lead to believe its OK to park anywhere you want because some half wit on a website will tell you its OK and not to pay the fine.

Follow the rules and you don't get fined. If you insist on breaking the law expect to be fined.

If it's a Council car park, or perhaps one operated under National Park or Railway By-Laws, then yes, the law is broken. If it's private land, like a supermarket car park then it's a contractual dispute. The enforceability of the contract is governed by the Protection of Freedoms Act as interpreted by the Supreme Court in Beavis.

If you're sent an Parking Charge Notice for private land then it's an invoice under the contract as above. Arguably it is 'speculative' though that's probably not the word I'd use myself. You can ignore it, appeal it via the parking company's process or, in a case like this, try using goodwill via the store. In OP's case that would be my first choice.

It is reported that, since Beavis, the parking operators are much more bullish about using the small claims court. It's also reported that some small claim judges are fed up with having hopeless cases pursued by clueless defendants and are throwing the defences out lickety split.....

Blue Badge Parking Problem - thunderbird

It is reported that, since Beavis, the parking operators are much more bullish about using the small claims court. It's also reported that some small claim judges are fed up with having hopeless cases pursued by clueless defendants and are throwing the defences out lickety split.....

If I understand that correctly the car park is now more likely to win since the illegal parkers fail to prove they were doing nothing wrong.

If I am right thank the lord, sanity returns and the law breakers pay.

Blue Badge Parking Problem - concrete

Well said Bromptonaut. Crystal clear as usual. I have some sympathy for a disabled user who cannot find a disabled spot. Given the fact that disabled spaces allow access to the store from a vantage point as near to the entrance as practical I cannot see that using another place as near as possible to the entrance is a 'crime' or transgresses any notional contract entered into by parking. Surely any disabled person with a Blue Badge should have access to any place in the car park. What damage have the store suffered if this is the case? I agree that some common sense needs to be applied here. I am sure a visit to the store manager with your Blue Badge should rectify the situation. However if the store manager thinks you have deliberately acted to gain a parking advantage, then as someone here said, you should be taken outside a flogged, tarred and feathered as a lesson to other shoppers!! Only joking.

Cheers Concrete

Blue Badge Parking Problem - Bromptonaut

If I understand that correctly the car park is now more likely to win since the illegal parkers fail to prove they were doing nothing wrong.

If I am right thank the lord, sanity returns and the law breakers pay.

@thunderbird

You misuse the words 'illegally' and 'law breakers', neither are fines the right terminology. The issue is breach of contract.

That said I've some sympathy with the view that people like Mr Beavis who deliberately abuse free parking provided for store customers and who do so in defiance of clear signage should be penalised.

However it's a bit different when a customer with permission to use one type of concessionary space finds them occupied, possibly by vehicles that are themselves in breach, and use a vacant parent/child bay instead.

Edited by Bromptonaut on 20/07/2020 at 17:43

Blue Badge Parking Problem - Zippy123

It's also reported that some small claim judges are fed up with having hopeless cases pursued by clueless defendants and are throwing the defences out lickety split.....

It is nice to know that judges are taking expediency over justice!

Blue Badge Parking Problem - concrete

It's also reported that some small claim judges are fed up with having hopeless cases pursued by clueless defendants and are throwing the defences out lickety split.....

It is nice to know that judges are taking expediency over justice!

I have used the small claims court procedure successfully, several times in the past. I have sympathy with Judges who are there to decide based on the law and the evidence presented. Some defendants come in full of emotion. Ill prepared to present a coherent case which makes it very difficult to adjudicate. I am not surprised that some cases are thrown out on these grounds. How does a Judge decide when the case presented is based on emotion and someones idea of what is fair?. I think the system is good and it works for the most part. The essential point is to marshall your evidence, thoughts and emotion. Sift the relevant facts and present a coherent emotion free case. Do this as briefly as possible and the Judge will regard you much better because he can make his decision fairly.

As already stated trying to fight a case that has little chance of success is a waste of everyones time and money. If you think you are right and have a good case then go for it, but pick your battles carefully.

Cheers Concrete

Blue Badge Parking Problem - Fullchat

Very wise words there Concrete. Ideally a well put together bundle of evidence and documentary exhibits in chronological order goes a long way to giving you the upper hand.