Blue Badge Confiscated

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Not sure if I have posted this in right section but.....

Today I dropped my daughter off at one of her activities- she is a full time wheelchair user and the badge is in her name.
We keep the badge displayed most of the time as she is always in the car with me. On a couple of occasions because I have put the badge out of sight - having had it stolen before I have then forgot to put it back on display and ended up with a ticket!

Anyhow today I dropped her off and drove straight to our nearest town where my bank is - round where I live all our banks have been closed! So I try to park in small car park but no spaces so I drive out and go to bigger car park just behind it. Noticed 2 traffic wardens sitting on wall but thought nothing of it. Go into bigger car park and park in ordinary bay and whilst I'm still sitting in car gathering up my papers for the bank, my handbag and phone one of the traffic wardens I saw earlier comes over and asks for the Blue badge displayed on the dashboard. I gave it to him as I had no reason not to. He then tells me he is confiscating it as he believed I was about to commit an offence and misuse it without the disabled person being in the car!!!
I was still sitting inside my car and had not got out so to presume I was about to commit a crime was very cheeky. I asked why he didn't wait for me to return to my car after my shopping trip and then he would have had cast iron proof I was committing a crime.
I really am upset because I have never misused the badge in this way as it is too valuable to us as a family by making things so much easier for us as my daughter can't walk at all. I always pay for parking if I am on my own but I don't always remember to put the BB away. I have complained to the council I filmed my encounter with the warden and I have completed a complaint form on council website.

Has this happened to anyone else? It's been confiscated because he anticipated I would misuse it not that I had......
Hi Diane ... a holding reply before the calvary arrive.

Similar situation outlined on the Money Expert forum ... from March 2007 ( 3 pages worth ) ... maybe of some assistance :

https://forums.moneysavingexpert.com/sh ... p?t=414358

An internet search ... BLUE BADGE CONFISCATED IN ERROR ... throws up little more than general advise to contact your local LA and argue one's case ... with or without the benefit of assistance from the local CAB.
Diane, that's terrible. I hope you have it returned asap. Having been a Blue Badge user myself, I know just how vital they are, and how tough it is being disabled. They were "exceeding their authority" if you were not in a disabled space. Ask for a grovelling letter of apology with the return of the badge.
You have a good case to stay he took it before and therefore didn't give you chance to pay, as was your intent. Definitely complain about him and his actions
This beggars belief. I presume that you did pay for the parking; keep the ticket as evidence if necessary. Do disabled drivers park for free in this car park?

I am trying, as always, to see the other side, but I can find very little here to justify the warden's actions. Even if he had reason to believe you were trying to use someone else's blue badge to evade payment, he should have waited for you to leave the car. In any case you were not parked in a disabled bay so I cannot see how a Blue Badge offence was committed.

The case cited by Chris from the Gulag concerns someone parking in a disabled spot with someone else's blue badge; this is illegal but does not apply to your case.

I suggest that if you do not hear from the Council soon you go to the civic offices and make a nuisance of yourself. And why not drop a line to the local Press; they love stories like this and are very good at pestering councils into action?

For the future; it may be better to keep the blue badge out of sight except when actually needed - less likely to be stolen or provoke encounters like this.

We can probably all learn from this. Don't hand over a Blue Badge to anyone, even an official, unless they have good reason to ask for it. The only good reason I can think of is if the official bearer is present - to check the photo to confirm identity and entitlement.
I would have thought if you were in a car park in an ordinary space and not one earmarked for disabled use then you would still have had to pay for a ticket anyway wouldn't you? Sounds like a jobsworth traffic warden with no brain. I would say if you were still sitting in the vehicle having just arrived you may well have been about to place it in your handbag having just dropped someone off and certainly no crime. It's a bit like pouncing on someone who has parked in a car park and is about to get out of their car to walk over to the ticket machine and purchase a ticket , then acuse them of not paying. Sounds obsurd.
I expect the wardens get paid a bonus for stopping 'misuse of BB'!!!!

Definitelhy never hand one over without the BB-user being present. In fact, never hand one over. Close your windows, and then hold it up against it so they can see it, but not touch it.

By the way, extra piece of advice I read somewhere - if any of those 'cowboy enforcers' try and clamp you, have your engine running. NEVER turn it off - they are not allowed to clamp a car with the engine on.

Close your windows and LOCK the doors immediately you see ANY of those thugs approaching. Keep the engine running and phone the police that you are being threatened.
PS - remember, trespass on private property is NOT a criminal offence. It is a civil tort. The owners (or their representatives) can only sue, never prosecute.

It's like they can never issue 'fines', only 'charges'. Fines can ONLY ever be issued by governments.

Like bailiffs are ONLY from the court - NEVER from a private debt-collecting agency.
jenny lucas wrote:
Sun Jul 15, 2018 8:38 am
PS - remember, trespass on private property is NOT a criminal offence. It is a civil tort. The owners (or their representatives) can only sue, never prosecute.

It's like they can never issue 'fines', only 'charges'. Fines can ONLY ever be issued by governments.

Like bailiffs are ONLY from the court - NEVER from a private debt-collecting agency.
........and with Trespass, you can only be prosecuted if you're asked to leave the property and refuse. You can't be prosecuted just for being there.

I've looked into this quite thoroughly in the past cos some of my fishing expeditions used to include the occasional "guest appearance" somewhere. ;) :ohmy:
I really don't understand the rules and regulation. My daughter has had her blue badge confiscated a few weeks ago. Her Carer took her shopping as she is not allowed to,drive. She was tired so waited at a cafe for the Carer to bring the car around and as the Carer got to,the car she was stopped by a council,official who accused her of stealing the card. The Carer tried to explain but the official wouldn't listen and said as the card holder wasn't with her she was committing an offence.

We have phoned the council and have been told there would be an investigation and it could take 6-8 weeks. So,it appears that if my daughter leaves the car the person with her must not leave her side and cannot wait in the car With the blue badge on display. I know there is a lot of fraud around blue badges but some of the regulations seem a bit weird.

To my thinking the badges are more useful to people that can drive themselves but when they are just a passenger it gets more complicated. I took my daughter the doctor a while back and waited in the car with the blue badge on display and now realise I was committing an offence !