Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: MalcolmJohn on October 03, 2025, 06:22:51 pm

Title: Re: False Council Claim
Post by: Dave Green on October 04, 2025, 11:25:54 pm
OP, from the Blue Badge booklet issued with each BB:

How to display the badge

You must display the badge on the dashboard or facia panel, where it can be clearly read through the front windscreen. If there is no dashboard or facia panel in your vehicle, you must display the badge in a place where it can be clearly read from outside the vehicle.

Whilst that is certainly correct, the wording on the actual badge itself differs from what is stated in the booklet.

"This badge should be displayed at the front of the vehicle. It needs to be clearly visible so that it can be checked".

and having the badge and clock on the sun visor does comply with what is stated on the badge.
Title: Re: False Council Claim
Post by: H C Andersen on October 04, 2025, 06:38:21 pm
The reverse side of the PCN pl, your initial reps as written, not a summary, and their reply.

The contravention is that you 'Parked in a car park etc.....'. On its face this has nothing to do with whether you displayed a BB or not because the default position is that your BB applies ONLY to a road, not a car park.

Whether you were permitted to park in the car park without paying the charge is determined by looking at the Ts and Cs of the car park.

Places you need to check before parking

There are a number of restrictions and local parking schemes which you need to be aware of. Here is a list of those places and the parking restrictions in force. If in doubt, ask the relevant council before you travel.

Off-street car parks (such as supermarket, hospital or local council car parks)

Off-street car park operators should provide parking spaces for disabled people. However, it is up to the car park owner to decide whether badge holders can park free of charge.

Do not assume you can always park for free.


Unfortunately, the GSV vehicle couldn't negotiate the height restriction, so what are the conditions of use pl?
Title: Re: False Council Claim - PCN and a Google Street View
Post by: MalcolmJohn on October 04, 2025, 05:42:43 pm

PCN - https://drive.google.com/file/d/1AwQkEQljij1uWQ8iX6AO9yual8SGyvTV/view?usp=drive_link

Google Street View link - https://maps.app.goo.gl/q7WmU3yqBnBhjD3K8
Title: Re: False Council Claim
Post by: H C Andersen on October 04, 2025, 10:28:33 am
+1.

OP, from the Blue Badge booklet issued with each BB:

How to display the badge

You must display the badge on the dashboard or facia panel, where it can be clearly read through the front windscreen. If there is no dashboard or facia panel in your vehicle, you must display the badge in a place where it can be clearly read from outside the vehicle. The front of the badge should face upwards, showing the hologram. The side showing the photograph should not be visible through the windscreen.

You must also ensure that the details on the front of the badge remain legible. If they become unreadable through fading or wear and tear, you must return the badge to your local council so they can issue you with a new one. Displaying a badge that is illegible may result in a parking fine.

Blind people need to ensure that people displaying the badge or clock on their behalf understand how to display them correctly. Incorrect display of the badge may result in a parking fine or a penalty charge notice.


'Must' means it's a regulatory requirement.

I emailed an appeal to the council stating that the disabled badge and clock were definitely visible and that my case be reviewed. In reply they have stated that the Civil Enforcement Officer (CEO) saw no disabled badge and as photographic proof sent this photo

In addition to posting the PCN, pl post your challenge and their reply.

Even taking your account, the badge was not displayed as required and therefore a contravention occurred. You can ask for discretion, but remember that an adjudicator could not do so and would be obliged to apply the law. 
Title: Re: False Council Claim
Post by: mrmustard on October 04, 2025, 08:42:01 am
The blue badge and clock have to be on the dashboard unless you don't have one in which case they have to be conspicuous
Title: Re: False Council Claim
Post by: catnip on October 03, 2025, 06:32:30 pm
Please post the unredacted PCN and a Google Street View link to the location.
Title: False Council Claim
Post by: MalcolmJohn on October 03, 2025, 06:22:51 pm
In September 2025 I got a PCN ticket whilst parked in a council car park in the London Borough of Sutton. I'd parked in a standard bay with my disabled badge and clock displayed from the drivers sun visor. The visor was definitely in the down position as per the picture I took when I arrived back at my car - see https://drive.google.com/file/d/121XWUW6Wl1aJ93nE7ct9VHuRMSsg_i4_/view?usp=sharing. I emailed an appeal to the council stating that the disabled badge and clock were definitely visible and that my case be reviewed. In reply they have stated that the Civil Enforcement Officer (CEO) saw no disabled badge and as photographic proof sent this photo https://drive.google.com/file/d/1U16m17EJZWNLcm2AIxNn2TNbG71547om/view?usp=sharing. From the photos you can see it was a somewhat wet overcast day with lots of reflections on the windscreen and there is a very vague outline of the visor display on the council’s photo. If the original full sized digital council photo was analysed in Photoshop or other image software I'm sure more details of visor mounted badge and clock could be revealed.

I suggested that their CEO didn’t look thoroughly; that they were perhaps assuming the disabled badge would be on the dashboard? I further suggested, judging from their photo, the CEO was just looking from a perspective where he or she would obviously miss seeing the disabled badge and clock mounted on the sun visor because the rain, glare and reflections.

I don't think their photo is valid proof but is the CEO's statement that he/she saw no disabled badge sufficient to make a valid case for the council? Is it worth taking my case further?