Q FOR THE LEARNED GENTS .
Discussion
eldar said:
singlecoil said:
As stated earlier, he is well aware of the problem his user name causes but is unconcerned about it. Probably a form of attention seeking.
Why are invalid names allowed to be registered? Hardly difficult to verify a name being registered. singlecoil said:
eldar said:
singlecoil said:
As stated earlier, he is well aware of the problem his user name causes but is unconcerned about it. Probably a form of attention seeking.
Why are invalid names allowed to be registered? Hardly difficult to verify a name being registered. Some years ago (possibly 10 or more) my partner had a blue badge, we had parked accordingly & the badge was displayed on the top of the dashboard (near the centre) the vehicle was an American pick up & although quite high, anyone over 5ft 6in could see it. I received a parking ticket for "not displayed", ironically the photo which accompanied the "request for payment of a parking charge" (it was a private car park in Scotland) clearly showed the badge!
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.
Who me said:
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.
If you are referring to me, firstly IANAL. Secondly, even if I could take on your case, I would decline to do so.*Please read page 9 of the Scheme Rules I linked to earlier which specifically states where the badge must be placed.
* Whether 'someone like me' would take it up is another matter.
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.
Who me said:
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.
The minutiae of your statement to the LA is neither here nor there AFAIAC.The answer to your question:
England - http://www.legislation.gov.uk/uksi/2000/682/regula...
Wales - http://www.legislation.gov.uk/wsi/2000/1786/regula...
Scotland - http://www.legislation.gov.uk/ssi/2000/59/regulati...
The wording is identical in all three Statutory Instruments.
Therefore, unless your vehicle does not have a dashboard or facia, you were in breach of the law.
If the CEO failed to take a photo he/she didn't do his/her job properly and you got lucky.
Case closed.
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 .
You're welcome.
Bear in mind that most LAs do not do in-house parking enforcement. They sub it out to private companies.
For example - https://www.whatdotheyknow.com/request/parking_enf...
As it happens I already knew that one. I was resident in that LA for nearly 30 years.
Those employed as CEOs by such companies have targets to meet. That creates pressure to ticket as many vehicles as they can.
Accordingly, any kind of discretion goes out of the window, and the slightest opportunity to write it up is seized on with alacrity.
In some cases (hopefully a small number) that pressure will even lead the officer to be 'economcal with the truth'. Ask me how I know...
Bear in mind that most LAs do not do in-house parking enforcement. They sub it out to private companies.
For example - https://www.whatdotheyknow.com/request/parking_enf...
As it happens I already knew that one. I was resident in that LA for nearly 30 years.
Those employed as CEOs by such companies have targets to meet. That creates pressure to ticket as many vehicles as they can.
Accordingly, any kind of discretion goes out of the window, and the slightest opportunity to write it up is seized on with alacrity.
In some cases (hopefully a small number) that pressure will even lead the officer to be 'economcal with the truth'. Ask me how I know...
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