Disabled vehcile in residents bay |
Disabled vehcile in residents bay |
Thu, 19 Apr 2018 - 14:06
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#1
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Member Group: Members Posts: 152 Joined: 11 Sep 2009 Member No.: 31,934 |
My Dad's carer accidentally parked him in a residents bay (outside his elderly Mum's house) during its one hour restriction and with a blue badge but unfortunately the blue badge slipped off the dashboard and wasn't present.
I can't seem to Google Barnet's policy on where you can park in a resident's bay with blue badge. There's no page I can find that mentions it! The vehicle is a motability wheelchair vehicle with disabled stickers. Is there any grounds that we have to get off, short of appealing to their better nature? Thanks, Ash |
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Thu, 19 Apr 2018 - 14:06
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Thu, 19 Apr 2018 - 15:22
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#2
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
If the policy is not published then that's their fault. I would challenge politely that the BB had slipped and provide a copy of it. I would say something weaselly like, "I'm sure Barnet exercises discretion in the case of an honest mistake by a BB holder and would appreciate it if you would do so on this occasion.'
This post has been edited by stamfordman: Thu, 19 Apr 2018 - 15:28 |
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Fri, 20 Apr 2018 - 10:09
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#3
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Member Group: Members Posts: 152 Joined: 11 Sep 2009 Member No.: 31,934 |
If the policy is not published then that's their fault. I would challenge politely that the BB had slipped and provide a copy of it. I would say something weaselly like, "I'm sure Barnet exercises discretion in the case of an honest mistake by a BB holder and would appreciate it if you would do so on this occasion.' Thank you, but it could be that their policy is published someone but I just cannot find it. |
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Fri, 20 Apr 2018 - 11:02
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#4
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Member Group: Members Posts: 26,656 Joined: 6 Nov 2014 Member No.: 74,048 |
If the policy is not published then that's their fault. I would challenge politely that the BB had slipped and provide a copy of it. I would say something weaselly like, "I'm sure Barnet exercises discretion in the case of an honest mistake by a BB holder and would appreciate it if you would do so on this occasion.' Thank you, but it could be that their policy is published someone but I just cannot find it. I haven't got one in my files, and i tend to keep those i find or am linked too. send a message to Mr Mustard. -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Fri, 20 Apr 2018 - 11:08
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#5
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Member Group: Members Posts: 1,860 Joined: 12 May 2012 Member No.: 54,871 |
I found this on Barnet's website under CPZs:-
"Exemptions Blue Badge Holders can park for an unlimited time at permit parking places as well as at pay and display parking places." I'm sure that if you point this out to them and enclose a copy of the BB as suggested by Stamfordman, they'll oblige. Hope this helps. This post has been edited by DastardlyDick: Fri, 20 Apr 2018 - 11:11 |
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Fri, 20 Apr 2018 - 11:14
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#6
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
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Fri, 20 Apr 2018 - 11:23
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#7
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Member Group: Members Posts: 35,159 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
It's a fail by the carer.
How can Barnet be in the dock? The carer parked the car. The carer is responsible for/usually places the BB. They didn't. No-one was in the vehicle. CEO issued PCN. Absolutely correct. It's not their task to extrapolate display of a BB to include 'provided the vehicle looks like one which a BB holder would be in/driving'. What's the fuss about policy - there isn't one which allows vehicles to park with BBs on the floor! Just write in, apologise, supply a copy of the BB, and ask for discretion. |
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Fri, 20 Apr 2018 - 11:23
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#8
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Member Group: Members Posts: 26,656 Joined: 6 Nov 2014 Member No.: 74,048 |
It would be ambiguous enough to allow an appeal if a BB was on display. As it wasn't then its as SM says ask for discretion and prove entitlement.
Send a copy BB, evidence it is an adapted vehicle and that Motability are the owners -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Fri, 20 Apr 2018 - 11:24
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#9
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Member Group: Members Posts: 1,860 Joined: 12 May 2012 Member No.: 54,871 |
Blue Badge Holders can park for an unlimited time at permit parking places as well as at pay and display parking places." I think this can mean only in disabled bays - it may not apply to res bays. Mr Mustard will know. In any case it's a fail by Barnet. Surely if that is the meaning, it would say "disabled bays" or similar? |
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Fri, 20 Apr 2018 - 11:33
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#10
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
Blue Badge Holders can park for an unlimited time at permit parking places as well as at pay and display parking places." I think this can mean only in disabled bays - it may not apply to res bays. Mr Mustard will know. In any case it's a fail by Barnet. Surely if that is the meaning, it would say "disabled bays" or similar? I read it as ambiguous - does it apply say to doctors bays? I think not. |
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Fri, 20 Apr 2018 - 21:10
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#11
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Member Group: Members Posts: 35,159 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
The BB wasn't displayed.
The BB wasn't displayed. The BB wasn't displayed. No policy, however construed, makes any ***** difference. The BB was not displayed. |
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Fri, 20 Apr 2018 - 21:24
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#12
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Member Group: Members Posts: 26,656 Joined: 6 Nov 2014 Member No.: 74,048 |
The BB wasn't displayed. The BB wasn't displayed. The BB wasn't displayed. No policy, however construed, makes any ***** difference. The BB was not displayed. mind the blood pressure old chap -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Fri, 20 Apr 2018 - 21:26
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#13
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
The record's stuck
The record's stuck The rec.... |
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Sun, 22 Apr 2018 - 14:49
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#14
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Member Group: Members Posts: 1,860 Joined: 12 May 2012 Member No.: 54,871 |
Blue Badge Holders can park for an unlimited time at permit parking places as well as at pay and display parking places." I think this can mean only in disabled bays - it may not apply to res bays. Mr Mustard will know. In any case it's a fail by Barnet. Surely if that is the meaning, it would say "disabled bays" or similar? I read it as ambiguous - does it apply say to doctors bays? I think not. No, it wouldn't - but you don't need a permit for Drs bay do you? |
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Sun, 22 Apr 2018 - 17:54
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#15
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
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Sun, 22 Apr 2018 - 19:02
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#16
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Member Group: Members Posts: 26,656 Joined: 6 Nov 2014 Member No.: 74,048 |
Op not to get side tracked, your best option is to ask the council to use discretion
-------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Fri, 27 Apr 2018 - 16:31
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#17
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Member Group: Members Posts: 152 Joined: 11 Sep 2009 Member No.: 31,934 |
Thanks all. We've appealed based on policy and discretion as suggested.
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Fri, 27 Apr 2018 - 20:13
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#18
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Member Group: Members Posts: 1,860 Joined: 12 May 2012 Member No.: 54,871 |
you don't need a permit for Drs bay do you? What do you need? Errrr... to be a Doctor? The green lights are a bit of a giveaway too. Thanks all. We've appealed based on policy and discretion as suggested. If/when they reject your appeal, post the reply (personal details removed) on here - they may give more scope to win at Adjudication! |
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Fri, 27 Apr 2018 - 20:22
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#19
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
you don't need a permit for Drs bay do you? What do you need? Errrr... to be a Doctor? The green lights are a bit of a giveaway too. Ah get it now - one of these: This post has been edited by stamfordman: Fri, 27 Apr 2018 - 20:22 |
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