Q FOR THE LEARNED GENTS .
Discussion
Theoretical Q for the learned legal minds .
Where exactly is considered a position of "in full view" for a document such as a blue badge certificate ,so that a CEO would be able to see it .My badge "advise s" placing it on the dash, but due to the increase of theft of badges, could placement on passenger seat be an acceptable alternative. Has there ever been any legal challenge to placement on dash over placement on seat?
Where exactly is considered a position of "in full view" for a document such as a blue badge certificate ,so that a CEO would be able to see it .My badge "advise s" placing it on the dash, but due to the increase of theft of badges, could placement on passenger seat be an acceptable alternative. Has there ever been any legal challenge to placement on dash over placement on seat?
Scrump said:
As said above, the govt guidance is quite clear:
“When using the parking concessions 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 still 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.”
A traffic warden needs to be able to read it. If you put it in a place where thieves or other baddies cannot read it or see it then neither will a traffic warden be able to.
Perhaps we NEED a new sight test for parking wardens.NO MENTION on the paperwork I got with the badge stating regulations about placement of badge in car. It ONLY says badge must be CLEARLY displayed in car. That to me says in open view. If left on passenger/driver seat, that to me ,with the required standard of driving vision for holding a UK driving licence ( and presumably a job as a parking wallah) is where the parking bloke shouls be looking. Not to making cash, but to see if the badge has been displayed. I'd argue in court ( would a Good defence soliciter etc), that a badge left in a prominant position on a front seat, was in a position, where it could be clearly visible from and read ( assuming that the parking attendant had the visual acuity to read the badge from this distance) .I'd ask any of our legal eagles ( RD/BV) to produce proof that the badge MUST be displayed on the dash. “When using the parking concessions 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 still 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.”
A traffic warden needs to be able to read it. If you put it in a place where thieves or other baddies cannot read it or see it then neither will a traffic warden be able to.
Scrump said:
As said above, the govt guidance is quite clear:
“When using the parking concessions 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 still 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.”
A traffic warden needs to be able to read it. If you put it in a place where thieves or other baddies cannot read it or see it then neither will a traffic warden be able to.
HARUMPH- https://www.citizensadvice.org.uk/benefits/sick-or...“When using the parking concessions 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 still 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.”
A traffic warden needs to be able to read it. If you put it in a place where thieves or other baddies cannot read it or see it then neither will a traffic warden be able to.
How to display your badge
Make sure your badge:
is the right way up
is clearly visible through the windscreen.
The Q was totally hypethetical, but as usual ,a lot of posters jumped in with both feet and some got into adhomine. The quote from CAB is most topical- " is clearly visible through the windscreen.". I'd suggest that if CEO can't see a badge sitting on the passenger seat, then perhaps their eyesight should be called into question. I'd suggest that if someone like RD was called to defend a client who had placed the badge on the passenger seat, rather than on the dash, then this would be the fatal blow to the prosecution case.
RD- I never in my statement to LA said that the Badge was open on the passenger seat. I left LA to think that, and as they had no photos of inside the car, the CEO could not prove it. My Question was that " where in law is it stated that a blue badge has to be sited on dash.All I've ever seen is that badge MUST be placed in a place where it can be seen from the outside of the vehicle". BTW- I did win my case, as the CEO had not taken a photo of the inside of the vehicle with my possibly obscured badge.
RD- many thanks. After two pages of PH flannel, and my ask of " where in law is it stated that a blue badge has to be sited on dash", which I'd failed to find an answer to , you have provided the answer. I know, I got lucky, as CEO had failed to take a photo of the inside( whre I suspect he'd have found no more than a closed blu badge holder). But even if I'd left it open on the passenger seat, anyone BUT a jobsworth would have known that a blue badg was in force .
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