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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice.
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Merry Shopping Centre -- official disabled parking bays:

Resolved Question:

Merry Hill Shopping Centre -- official disabled parking bays: issued with a parking ticket by UKParking Control attendant because part of the official blue badge was behind the dotted frame on my windscreen.
It is accepted that the blue badge is valid and the parking ticket includes a suggestion that, if you take the ticket to the Centre Office, they can accept an appeal BUT the ticket was placed on a "difficult to see" part of the wrap-around windscreen and was not discovered until 2 days later (maybe because I am 87 years old and don't see the hidden parts of my windscreen?).
Appeal to both UKPC and POPLA unsuccessful. I am tempted to say "take me to court", where I will personally appear in my defence with my 87-year old totally disabled wife in her wheelchair beside me. I cannot believe that I would get an unsympathetic hearing -- what do you think?
Submitted: 11 months ago.
Category: Traffic Law
Expert:  Jo C. replied 11 months ago.

Are you asking if you are liable?

Customer: replied 11 months ago.
No. Technically, I am liable if the Court accepts UKPC's version of the badge being half-hidden behind the dotted frame, whereas my contention is that a closer look makes the date visible (that is all I am accused of). Secondly, if the attendant had placed the sticker/charge on a visible part of the windscreen.I could have taken it to the Office there and then
Customer: replied 11 months ago.
Nothing to add
Expert:  Jo C. replied 11 months ago.

Ok. What is your question about this?

Customer: replied 11 months ago.
Am right in thinking that the Court would view my situation sympathetically?
Expert:  Jo C. replied 11 months ago.

Well, it doesnt matter whether a District Judge is sympathetic or not. It is a question of law not fairness.

Expert:  Jo C. replied 11 months ago.

In fairness, courts are not overly sympathetic about poorly displayed permits. If permits aren't properly displayed then they cannot be monitored. It is central to the parking system.

In any event though, the issue is not fairness but whether or not you are in breach of the specific contract. If it says that permits must be displayed and it was not then that is a breach.

Can I clarify anything for you?

Jo

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