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Double whammy for blue badge holder
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Thanks for all your responses. I have written to the college but got a cut & pasted reply back so they don't seem to care. Will see what UKCPM come back with as have sent the suggested template appeal letters off...and take it from their, possibly pushing the EA2010 with the college at a higher level. Once again, thanks guys.0
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What did the college say? some times PPCs provide replies for landowners to send out, sometimes the PPCs will reply as if its form the landownerFrom the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
The college just stated the parking company was responsible and that we would need to deal with them as the college, despite being the landowner could not get involved.
We finally got a letter back from CPM though dismissing our appeal and stating that they do not have any obligation to provide the information we requested using the recommended letter template.
They seem keen to draw our attention to a case 'Parking Eye vs Beavis' and they highlight that "The Lords found 6-1 in favour of the parking company". They are arguing that the £100 charge (x 2 due to second offence for which we received the letter shortly after the first one) is reasonable and not extravagant.
They argue that their signage is clear even though we can barely read the small print from the ground due to the need to look up at the sign (around 8' from the ground) and the tiny size of the text which sets out the rules.
Finally, they are now telling me to pay the full increased amount of £100 for each of the two offences, not the £60 originally requested. Do they not have to put the timer on hold whilst an appeal is considered?
So, the question is, do I persist and let them take me to court or should we just pay? Its not really about the money for me but the injustice of the whole situation and the fact that there were no tickets on the windscreen, just letters appearing one after the other without warning. The driver had a right to park in the bay and non-disabled users do not have to pay or display any form of documentation. So there's the discrimination card left to play.
Grateful for any further advice. Thank you.0 -
Not sure if its relevant but the date of posting on CPM's envelope (franked in-house by CPM) is 7 days after the date of their letter and beyond the 28 days they have to respond to an appeal.0
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Jack_Staveley wrote: »Not sure if its relevant but the date of posting on CPM's envelope (franked in-house by CPM) is 7 days after the date of their letter and beyond the 28 days they have to respond to an appeal.
You are right - it's not relevant.0 -
You need to get back in touch with the college and tell them that in no uncertain terms that they are jointly and severally liable for the actions of their agents, and you expect them to cancel the parking charge notices with immediate effect, and put in place a process and system to ensure that this does not happen again.
You should also tell the college that their agents are currently issuing you with misleading and possibly fraudulent information regarding a parking case known as Beavis vs Parking eye.
Also you are formally requesting that the college releases the full and un redacted contract between itself and the parking company under the freedom of information act, together with the following:
How much money does the college pay the parking company to operate on its land?
Does the parking company retain all the moneys raised from parking charge notices.
You should also state that as a publicly funded body, the college can not claim commercial sensitivities/confidentiality as a reason to withhold the aboveFrom the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
As a BB holder you are a disabled person under the EA 2010 with protected characteristics. They are required under the law to make reasonable adjustments to take account of your disability.
Failure so to do could lay the PPC and the landowner open to a claim in the CC for disability discrimination which would cost them ££££s in legal costs and compensation.
You need to be extremely assertive here, do not be put off by the colleg. Here is a copy of a complaint I made to my Local Council about a PCN they issued while I was displaying a BB in a Residents Only space. Feel free to crib what you need
[FONT=Times New Roman, serif]This complaint concerns the failure by the Council to make reasonable adjustments to take into account my protected characteristics under the Equality Act 2010. Please note, it is not about the parking penalty, which was improperly issued, and has now been cancelled by the adjudicator. [/FONT]
[FONT=Times New Roman, serif]I am a disabled person aged 76 who has occasional extreme difficulty walking, (the day in question was such a day), due to an arthritic hip, which is due to be replaced in the summer, I have also had total knee replacements in 2015 and 2016. I hold a current Blue Badge because of my difficulty I walking any distance. [/FONT]
[FONT=Times New Roman, serif]On the day in question I was experiencing severe pain in walking and was using a crutch. I therefore parked my car a few yards from the entrance to the Royal Berkshire Hospital Diabetes Clinic, where I had an appointment. This was in a Residents' Only bay and I was issued with a PCN. [/FONT]
[FONT=Times New Roman, serif]I was aware that my Blue Badge did not cover parking in this space, but feel that this was in the nature of a medical emergency as there were no other available spaces nearby where I could legally park, and that the Council are required by law to make reasonable adjustments because of my protected characteristics. Despite two informal and one formal challenge, and the involvement of my M.P. they refused to do so, despite their duty under the Act. [/FONT]
[FONT=Times New Roman, serif]They informed me that I should have used the nearest legally available space, but for medical reasons I was unable to do so. There were neither double yellow lines nor shared use bays near enough for me to comfortably walk to and from. They were aware of this but ignored it [/FONT]
[FONT=Times New Roman, serif]I regard R.B.C.'s decision as not only wrong, but wrong for the wrong reasons. Whether the signs were well placed or the space was valid for Blue Badge holders is immaterial, the fact remains that they were trying to penalise me for parking in an empty space which was closest to where I needed to be seems to be an over-riding will to enforce traffic law to the detriment of Human Rights Law.[/FONT]
[FONT=Times New Roman, serif]Two years ago I had to fight the Council for a Blue Badge which they improperly denied me. I took the matter to the LGO and RBC made a goodwill payment to a charity of my choice. There seems to be a hard nosed predilection to deny disabled people their rights and a distinct lack of compassion.[/FONT]
[FONT=Times New Roman, serif]If you feel that the Council have not acted in accordance with the EA 2010,and have discriminated against me, by penalising me for being disabled, I would suggest that, as a gesture of goodwill, you donate £100 to Arthritis Research U.K., and I will consider the matter closed. However, if you feel the Council have not acted improperly, please send me a deadlock letter and I will escalate the matter to the L.G.O. and/or the County Court.[/FONT]
[FONT=Times New Roman, serif]
[/FONT]You never know how far you can go until you go too far.0 -
You say no ticket on the car but you recieved a PCN one week later, was this an ANPR site? if not they have accesed your details before the 28 day deadline and as such POFA will not apply. With phots being taken it sound like a non ANPR site, others can assist regardinbg the exact rules.0
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So, the question is, do I persist and let them take me to court or should we just pay? Its not really about the money for me but the injustice of the whole situation and the fact that there were no tickets on the windscreen, just letters appearing one after the other without warning. The driver had a right to park in the bay and non-disabled users do not have to pay or display any form of documentation. So there's the discrimination card left to play.
You have just explained why you should continue this fight - a decision we will support and assist with. On this forum we win 99% of forum-assisted defended claims.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Fight it and kep the pressure up on the college, go for the FOI request, make the college squirm, and if possible/ if your up for it hit them with the Equality act as well.
It may also be of use to tell the college that you are getting assistance with this, on this website/forum ( provide a link via e-mail) as it may help stir the college into actionFrom the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0
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