as you will notice, this is the sort of case that makes my blood boil and is the whole raison d'etre of this website: it is an outrageous example of a deranged council, if you could only use a blue badge if the badge holder is present for both parts of the journey then blue badges would be useless for any disabled persons who cannot drive themselves, as it would be impossible for them to be picked up or dropped off by someone else.
This is the strongest representation I have probably ever drafted, but it is really warranted as there is no way somebody like you should be bullied into fear and submission by a local authority officer who should be redeployed to litter picking duties, or maybe to clean the public toilets. I am obviously offering to represent you at the tribunal should it come to that.
Dear Herefordshire Council,
Having taken legal advice, I challenge PCN HE53223388 on the ground that the alleged contravention did not occur.
The starting point is that the blue badge was correctly displayed as you admit in the informal rejection letter of 15 March 2024.
On the day of the alleged contravention, my wife had 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 now know that this is wrong but not having legal advice to hand at the roadside, I was unable to challenge his assertion (not that it would have made any difference anyway and he clearly hasn't been trained correctly, which is your fault).
I was (incorrectly) mortified and explained that I thought I could use the badge for picking up and dropping off (which I now know to be correct). 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 faeces 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 (because I could not know at the time that the CEO was spouting nonsense because you, as his supervisors, are ignorant as to the law and have not trained him properly) 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.
Looking back at your letter of 15 March 2024 with the benefit of legal advice it is now self-evident that that letter has been written by someone who is entirely ignorant of the relevant law and should be sent on a retraining course. I fear this might be the case of everyone working in your office because no blue badge holder should be worrying himself sick over an incorrectly issued penalty charge notice that has been caused entirely by a local authority whose officers do not know what they are doing.
The blue badge book issued by the Department for Transport clearly states that:
"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."
Civil parking enforcement is meant to protect people who are legitimately using a blue badge for its intended purpose (as I was doing on the day in question), and you are doing the exact opposite of that, it is apparent that the people in your office are utterly ignorant of this guidance so you should actually take the time and effort to read it, you can find a copy here:
https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-englandFurthermore, a blue badge is either on display or it isn't, if a valid blue badge is on display then a code 40 contravention cannot possibly occur. If you are satisfied that the blue badge was being used fraudulently, then you should have the courage of your convictions and you should prosecute me for fraud under the Fraud Act 2006 (good luck with that).
I have retained the services of Mr Ivan Murray-Smith (please do Google him if you don't know who he is) and he will be representing me at the Traffic Penalty Tribunal should you be foolish enough to issue a notice of rejection, and I should forewarn you now that should you issue a notice of rejection that notice will be challenged as being wholly unreasonable and I will be pursuing a costs order against you, even if you decide not to contest the appeal.
On the other hand, it might be that a trip to the tribunal is needed in order to give you a bit of an education.
I look forward to your prompt response.
Yours faithfully,
We really should take the council to the cleaners for this. Even if they cancel the PCN, we should pursue a formal complaint and require that all officers involved be retrained.
Send the representations online and keep a screenshot of the confirmation page. If for some reason the representation won't fit because of a character limit, put it in a PDF document and upload it as an attachment and in the text box write "see attached representation".
