1. Q&A: Lasting Power of Attorney (LPA) - Thursday 27 Sept, 3-4pm

    Power of attorney (LPA) is a legal tool that gives another adult - often a carer or family member - the legal authority to make decisions on behalf of someone with dementia, if they become unable to themselves.

    Our next expert Q&A will be hosted by Flora and Helen from our Knowledge Services team. They will be answering your questions on LPA on Thursday 27 September from 3-4pm.

    You can either post questions >here< or email them to us at talkingpoint@alzheimers.org.uk and we'll answer as many as we can on the day.

Blue Badge Confiscated!

Discussion in 'Legal and financial issues' started by father ted, Jul 13, 2018.

  1. father ted

    father ted Registered User

    Aug 16, 2010
    612
    London
    Just a note of caution to anyone with a blue badge.

    Today after dropping off the person I care for at day centre I drove to the nearest town to go to the bank. In my local area all our banks have closed as they don't get enough footfall. Anyhow drove into little car park hoping to get space but there were no spaces so drove around to bigger car park at back.

    I was still in the car getting my papers together to put in my handbag plus my phone etc when a traffic warden approached me and asked to see the blue badge. I straight away knew why- he thought I was misusing it. I gave him the badge as I had no reason not to as I hadn't committed an offence. Once in his hands he said he was confiscating it which he had the right to do as I was misusing it.
    I have never ever misused the badge and always pay for parking but don't always hide the badge because on occasions when I have put the badge out of sight I have then forgot to put it back on display and have landed up with a ticket. I asked him how did he know that I was about to misuse the badge as I was still in the car, I would have put it in the glove box after putting everything in my handbag.

    He said he didn't need to prove I had misused the badge only that I had the intention of misusing it. I am so hopping mad. I filmed our encounter and made a complaint to council.
    Please be aware!
     
  2. love.dad.but..

    love.dad.but.. Registered User

    Jan 16, 2014
    3,487
    Kent
    I hope someone sees sense...it sounds as though the warden has not understood his role...he cannot anticipate what someone may or may not be about to do when they haven't even left their car! No wonder you are angry.
     
  3. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,439
    Salford
    They can confiscate the badge under their powers in the
    "Disabled Persons’ Parking Badges Act 2013", however, as lovedad says they can't anticipate your actions, every time I get in my car the police could give me a ticket anticipating I'm intending to break the speed limit, how can I prove I wasn't?
    I'd appeal unless the space you were in was a designated blue badge parking space in which case they have a point.
    If the parking is mixed and blue badges park anywhere for free then usually there is a limit on how long after stopping you have to be displaying a ticket, to give you time to walk to the machine and back, if you were within that time (it's usually 5 minutes) then you weren't using the blue badge.
    If I went into a car park and on my windscreen was a parking sticker from the day before can I be fined for overstaying if I don't take it off before I buy my new ticket?
    Sounds like someone pushing it to the limits but that's London for you:)
    K
     
  4. father ted

    father ted Registered User

    Aug 16, 2010
    612
    London
    It was in a council multi storey car park. I forgot to say initially when I went into the first small car park the two traffic wardens saw me but I drove off simply because there were no spaces. The same warden later said that I drove off because I saw them and I didn't want to get caught!!
    The car park is the sort where you cannot exit as there is a barrier.
    So you need to pay in a ticket machine or if you have a BB have the disabled person with you.

    He then called up reinforcements in the way of the other warden and I did feel a bit intimidated as I was on my own with these two in an underground car park but I sense the other one would have let it go but the jobsworth was insistent.
     
  5. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,439
    Salford
    Well then, surely, you haven't committed any offence until you turn up at the barrier and instead of paying you use the blue badge in place of money. I go round supermarkets putting things that aren't mine in a trolley, but I haven't stolen the supermarket's goods until I leave the store without going through the checkout without paying for them.
    I think this person has pushed the limits of reasonability by second guessing what you're going to do and beyond. I'd appeal this one big time and ask for compensation for any parking charges you incur until the badge is returned.
    K
     
  6. Rolypoly

    Rolypoly Registered User

    Jan 15, 2018
    2,169
    OTT jobsworth but that just my opinion! As @Kevinl says, appeal and seek compensation. Include the fact that you felt intimidated as well.
     
  7. Jale

    Jale Registered User

    Jul 9, 2018
    105
    Female
    I hope you can get the badge re-instated, if so is it in a holder? I think (but am not sure) that if the badge is in a holder and that is closed then you are not displaying the badge. Just a thought
     
  8. love.dad.but..

    love.dad.but.. Registered User

    Jan 16, 2014
    3,487
    Kent
    I agree....really go for it in your appeal...sounds as though as soon as he saw you in the second car park his decision was already made on what he/she thought you were going to do. And....how could he know your person with disability wasn't going to arrive in a wheelchair or with limited walking ability and you were simply collecting them ... am disgusted for you
     
  9. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,439
    Salford
    One question worth asking is that (say) my mum had a blue badge and I misused it, should she be deprived of a blue badge that others can use when caring for her because I abused it?
    My mum wouldn't have done anything wrong it was me that used it incorrectly and without her consent, why should she be the one to be punished by having to pay for parking specially in hospitals and made to walk miles from a standard parking place just because I broke the rules or even it was anticipated I might, that makes it worse.
    K
     

Share This Page