from their Appeals Process document at
http://liverpool.gov.uk/media/104694/parki...-v1320dec13.pdfBAD motorists for "increasing the cost to the public purse"........... Would this in itself count as fettering their discretion?
Blue Badge
As with Pay & Display, it is important to appreciate that this involves two elements, with
related purposes. The first element is that there must be a valid blue badge being used
properly, in order to ensure the underlying purpose of the adopted scheme. The second is
that the badge must be properly displayed in order to facilitate proper management and
enforcement of the system of control.
Valid use
Use by someone other than holder
In relation to a valid blue badge being used properly, there are clear
rules, such as it being improper for someone else to use the blue
badge to go to collect shopping, prescriptions etc for the holder of the
badge who remains at home, even if it is another family member.
Without further mitigating circumstances, the Council is unlikely to
cancel a PCN for use by another person in these circumstances.
Badge being invalid/out of date
It is essential to the operation of the blue badge system that the
badge is properly issued and valid. Use of invalid badges will not
normally be condoned by the Council. However, it will accept some
mitigating circumstances such as when the appellant was given
wrong advice by the Council’s one-stop shop to continue using an old
badge.
Display
Failure to display at all
An appellant may claim that a valid blue badge had been issued but it
was simply not displayed, and in support provide a copy of a valid
blue badge. While the Council can understand that it may appear to
such appellants that the primary purpose of the scheme has been
met by their having a valid badge, the Council takes the view that it
must be displayed since otherwise the cost of enforcement to the
public purse increases significantly. Without a further explanation for
why it was not displayed the Council will not normally cancel a PCN.
Badge wrong way up
An appellant may claim that a valid blue badge had been issued but it
was simply displayed incorrectly, and in support provide a copy of a
valid blue badge. While the Council can understand that it may
appear to such appellants that the primary purpose of the scheme
has been met by their having a valid badge, the Council takes the- 13 -
view that it must be displayed correctly since otherwise the cost of
enforcement to the public purse increases significantly. The Council is
also aware that without the old style badge being displayed correctly
it is impossible to check whether the one displayed incorrectly was in
fact the valid badge submitted with the appeal. The Council is also
aware of the widespread misuse of the blue badge system and it
seeks to enforce this stringently to protect those for whom the
scheme was created. Without a further explanation for why it was not
displayed properly the Council will not normally cancel a PCN.
However, with the introduction of a new style Blue Badge (as from
1/1/12) the expiry date is displayed on each side of the badge and so
whilst a badge could technically be displayed the ‘wrong way up’ its
validity can still be checked regardless and so a PCN would not
normally be issued, provided the expiry date can be seen.
Forgetfulness/old age
A common ground of appeal is that the badge was not displayed
because the holder is of old age and/or has become forgetful. The
Council takes the view that if a person retains the faculties sufficient
to still have a driving licence and be driving, then (s)he can be
expected to be able to display a badge properly. This in itself will not
usually be accepted as a reason to cancel the notice, but if there is
additional evidence such as medical evidence, eg to show why
medication may have affected memory, then the Council may cancel
the PCN.