Free Traffic Legal Advice

Apologies in advance if this is quite wordy, I am autistic myself and I hope these are all relevant details and no waffle. England here.

(Edit: I have misplaced the PCN but I am trying to track it down. I have attached the rejection letter for the formal appeal a few posts down.)

A few weeks ago, my wife called me and said our autistic child was having an extremely tough morning and that she thought it was best to take him out of school and drop him off with me so I could take him to a sensory play session, and then take him back to school hopefully much calmer.

I parked my car in a disabled bay, displayed the blue badge and clock, and walked immediately over to a spot in front of a shop to await their arrival. I got a call from the badge issuing office saying I was seen leaving the car without the badge holder and to go and speak to the Civil Enforcement Officer by the car. I went and explained that I was there to collect the badge holder and that they were on their way. The Officer said that this is not acceptable as the holder has to be present for both parts of the journey. I was mortified and explained that I thought I could use the badge for picking up and dropping off. I called my wife, but she didn't answer so the warden issued me a ticket. He did not confiscate the badge.

The officer said to come and find him if I could get hold of her. She eventually called back and explained that she had been quickly cleaning feces from the bathroom wall that she had just discovered and was now collecting him to bring to me. I found the officer, who spoke to her and made a note of this.

He said I could stay in the space because I had been issued a ticket and couldn't be issued another one and, quite distressed, I said I would prefer to just move my car if I was using the badge incorrectly as he had stated and I didn't want to take up a space for somebody else. I spoke to my wife and we decided to collect him later and take him along to the later session instead as I was so distressed.

My informal appeal was declined on the grounds that the badge holder had to be in the vehicle on arrival. The PCN was described as "Parked in a designated disabled person's parking place without displaying a valid disabled person's badge in the prescribed manner."

I have since checked, and nothing in my booklet, the council website, citizens advice etc says that the holder must be present for the full journey. It is made clear in all resources that the badge can be used to collect someone or drop them off and there's no further elaboration on how long I'm allowed to wait. I presumed that I had the full 2 hours as per the road sign.

I want to progress to a formal appeal detailing this, but my wife is terrified we will get taken to court and struggle to prove our story and wants me to just pay the reduced fine while I still can. I am concerned that this is an admission of guilt and will lead to prosecution for abuse of the badge if I pay the fine.

I don't know what to do and if I get a criminal record I will lose my job. Please please please help.

Please post the PCN your challenge and the response in full so we can help.

This from the BB booklet

Who can use the badge?
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 at the place where you are being collected or dropped.

Please post the PCN your challenge and the response in full so we can help.

I can't believe this but I can't find the PCN now anywhere. I thought it was in my glove compartment but it is not, I'm worried I stuffed it somewhere in distress and it got thrown away. Has this ruined my chances? Can I get a duplicate? I have the rejection letter which has the PCN number, photos and some relevant information though if that would be enough? I will keep looking for the ticket

Post what you have.  We can work on it, but I think they are bluffing their way now, as your use of the BB would seem to have been completely legal.

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but the CEO told me that anything other than the badge holder being present in the car on arrival was an offense

Totally and utterly, wrong. Wrong, WRONG !!!!

Your original plan was to meet your wife and child, who you expected to be there as arranged. Go  back to your car with your son and accompany him to sensory centre.

During the course of that events transpired to derail those plans. These particular things had to be dealt with immediately. You dealt with the fallout of those as the CEO was making things even more difficult.

The fact you could have made different arrangements is not relevant.

You were entitled to use the badge. You weren't parking up, going to do things for yourself and then meeting them later. 

I assume the V5c is in your name and has the correct address. A quick check would be prudent to avoid the possibility of the notice to owner going to the wrong address.

I just had a brief read through ad there seems to be a repeated theme. Despite assurances from several members you continue to worry about what the council and the CEO said; why?

I am sorry if I sound ungrateful, I am autistic myself and trivial things like this can upset me immensely and I can get quite fixated. I am so thankful for everyone's advice and solidarity and I feel much more reassured.

I have misplaced the PCN itself stupidly, I am continuing to search for it but it's not in the car where I thought it was. I was so distressed and rattled at the time. I have shared the informal rejection letter which is currently all I have.

I have never been in this kind of situation before. I am worried that they will report me to the badge issuing office for misuse of the badge and this would lead to a fraud criminal record and cost me my job. My biggest concern is that if I make the wrong move at this stage (ie. "just pay the fine") it'll condemn me in the future as it will look like I have admitted to using the badge for my own benefit.

Stop worrying i will deal with this for you just post the NTO when you get it

Thank you so much. I will do.