Free Traffic Legal Advice

Good morning!

I would need some advice regarding a penalty.

The driver (registered keeper) went to Welwyn Garden City with his friend (blue badge holder) and
their children to a fun fair.
There was a carpark (Stanborough Park) with machines to pay but as the drivers friend is disabled and has a blue badge they wasnt checking the terms of that public parks car park.

The badge has been displayed in the window but as you can see on the penalty, there was a camera at the entrance which recorded the entry and exit time.

Their website says: Local residents and Blue Badge holders can register for reduced parking rates by completing the relevant form below and sending the application to Stanborough Park, Stanborough Rd, Welwyn Garden City AL8 6DF or by email to stanborough@gll.org

Nobody has checked or knew that there are such rules in this public parks carpark.

My question is that would there be any ground to appeal that there was a disabled person in the car and because they have never been there before belived that its sufficient only to display the blue badge?

Many thanks for the help in advance!

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Looking at those terms, it doesn't say that parking is free for blue badge holders. It says that there are reduced rates and you need to apply for them. Did you or your passenger apply?

Have you tried Plan A, which is to contact the venue and ask them to cancel the PCN? As far as I can see, that is going to be your best option.

Whilst displaying a blue badge indicates that there is a person with either reduced mobility or a protected characteristic using the vehicle, on private land it has no other value. On private land, it may be necessary to display the blue badge if you intend to use a disabled parking space but, aside from that, it does not confer any rights that may apply when using it on land under statutory control.

The NtK is PoFA compliant and so liability for it can be transferred from the driver to the keeper. I doubt you'd have any success appealing it, either at Plan B stage (with the operator_ or Plan C stage (with the IAS). Whether Gemini would progress this as far as a court claim (Plan D), I don't know. As far as I'm aware, Gemini are not particularly litigious, at least for a single PCN.

Try Plan A first. Explain the circumstances and explain how it may be confusing to understand the requirements for blue badge holders. stanborough@gll.org