Here is another recommendation by a PATAS Adjudicator that the council declined to accept.
Mrs K appeals as she states that her disabled badge was displayed at the time that the Penalty Charge Notice was issued. The appellant provides a copy of her disabled badge.
The civil enforcement officer's photographs show the appellant's car parked on a double yellow line. There was a disabled badge in the car but the badge was covered by the clock that is issued with a blue badge.
I find that the contravention occurred. The disabled badge exemption only applies if the badge is properly displayed.
I have no jurisdiction to take into account the mitigating circumstances raised. However I accept the appellant's evidence that she made a genuine error. I note that Mrs K is 85 years old and I am satisfied that she did not intend to misuse the badge or to mislead the civil enforcement officer. I am satisfied that her badge was in the car when the Penalty Charge Notice was issued. In those circumstances I find that there is compelling mitigation and I recommend that the local authority cancels the Penalty Charge Notice.
Best not to get old in Barnet as you'll find the council dipping into your purse if you make a small error.
Yours frugally
Mr Mustard
