UKCPS parking ticket in disabled bay

cpowell777 · 6 February 2013 at 9:28PM

Hi, has anyone got any advise on a parking ticket I got issued while parked in a disabled bay in a retail shopping park. It was issued by UKCPS, the retail park is on private land.
I am paralysed from the shoulders down and drive from my electric wheelchair. I parked in a disabled bay and my blue badge was displayed. When I came back I saw the dreaded ticket and was completely bemused as it said I had no badge displayed!
I went and found the guy that issued it and straight away without me even saying anything to him he said "your badge is out of date". I checked my badge and to my dismay it had expired 25 days before. I argued the point he could see I was disabled. He had none of it and told me to appeal. I did appeal by email and it was refused.
Can anyone help and advise me of what to do now, I can't afford £60 and am worried to bits about it. PLEASE HELP!!

Stroma · 6 February 2013 at 9:43PM

Okay check your blue badge handbook, it says they are valid on street parking and council car parks only, not on private land. The Equailty Act 2010 applies on private land, they know you are disabled as it shows on your tax disk and the albeit expired blue badge.

I would write to the retailer and demand that this be cancelled immediately , don't bother with the parking company who will just ignore your appeal. The retailer is responsible for the actions of their agents. I would head it as 'Breach of Equality Act 2010 <at car park name > tell them that you are minded to sue them for this breach if they don't get it sorted.

The most important part though is that this fake ticket should be ignored completely, don't appeal don't enter any discussions with them. This fake ticket is not enforceable it's an illegal penalty.

Guys_Dad · 6 February 2013 at 10:35PM

I have read some scandalous post content in my time but the creep jobs worth who, upon seeing your disability, advised as he did, made my blood boil.

Contact your local paper and get them to humiliate the oaf and his company by showing them the paperwork.

Words fail !

BASFORDLAD · 6 February 2013 at 10:59PM

Ignore Ukcps, don't bother with popla.

If ukcps try it on then sue them and the land owner under the equality act. Let us know how it turns out.

Do as others suggested though.. and don't worry:) peter haswell the nasty office manager at ukcps likes trying it on with disabled people

thefeenee · 7 February 2013 at 12:48AM

My advice is to ignore them mate. My Wife and her severely disabled Mum parked in the same bay every week in a local shopping centre. Came back to the car on one occasion to find a ticket from UKCPS. They had forgotten to display the blue badge!

After some research I worked out that this was private land and that to extract money they would need to take a crippled 81 year old lady through the court system.

So I wrote a letter with a copy of the badge stating that the car was in a disabled bay because the occupant was disabled and here was a copy of the badge to prove it. I added that as they could now see that the badge did exist I expected no further communication.

I got a letter back saying that my 'appeal' had been rejected and that the payment was now £100.

I ignored it. And that was that. Nothing more heard in the past 11 months. And I would have continued to ignore letters because no court in the land would have allowed them to drag Mum through the system.

I also took lots of pictures of cars parked on the access roads, across bays, on pavements and in bus stops. All to prove that they were hitting the vulnerable rather than trying to assist traffic flow.... they would have been produced at a later stage!

Stroma- It's not 'the retailer'. On a park there are a lot of them! It's the management company who will be named on a sign at the entrance. They employ the parking police- the poor retailer won't have a clue. I also very much support Guys Dad's suggestion- ring the local paper!

janiewanie · 7 February 2013 at 10:42AM

I cant believe this has happened to someone else it happened to me on the 13th January and being so honest I paid the fine and then appealed, so wish I hadnt as now I only appealed again yesterday after the statutory 14 day non response, and low and behold I got another auto reply saying another 14 days....we ar epensioners and I am my husbands sole carer our was out of date by 11hours 58minutes how unlucky were we what should I do its a lot of money to lose HELP

bryanb · 7 February 2013 at 10:49AM

janiewanie wrote: »

I cant believe this has happened to someone else it happened to me on the 13th January and being so honest I paid the fine and then appealed, so wish I hadnt as now I only appealed again yesterday after the statutory 14 day non response, and low and behold I got another auto reply saying another 14 days....we ar epensioners and I am my husbands sole carer our was out of date by 11hours 58minutes how unlucky were we what should I do its a lot of money to lose HELP

I think, now you've paid your only chance is the local press.

Stroma · 7 February 2013 at 10:53AM

janiewanie wrote: »

I cant believe this has happened to someone else it happened to me on the 13th January and being so honest I paid the fine and then appealed, so wish I hadnt as now I only appealed again yesterday after the statutory 14 day non response, and low and behold I got another auto reply saying another 14 days....we ar epensioners and I am my husbands sole carer our was out of date by 11hours 58minutes how unlucky were we what should I do its a lot of money to lose HELP

They won't give your money back, but you have nothing to lose now as the money is gone. So go to the retailer involved and demand your money back. Tell them that you have now read the BPA Code of Practice and now realise that the parking company is not allowed to issue tickets to blue badge holders. And despite appealing they are ignoring you.

Tell them as they are acting for them and are their agents it puts them in breach of the Equality Act 2010 as well as the parking company. Inform them that you will sue them for £500 for the breach, the cost of the ticket, and court costs.

As I said you have nothing to lose, please do this as they have taken money off you that they were not entitled to take

16.1

The Equality Act 2010 says that providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people.

16.5

If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices.

PDF Download
http://www.britishparking.co.uk/write/BPA_Code_of_Practice_2012_Version_1_October_2012.pdf

FatAndy · 7 February 2013 at 11:15AM

janiewanie wrote: »

I cant believe this has happened to someone else it happened to me on the 13th January and being so honest I paid the fine

I appreciate this isn't going to help get your money back but you didn't pay the "fine" because you didn't recieve a fine. You received an invoice deliberately designed in such as way as to mislead you into believing it was a fine. I suggest you make sure you tell every relative, friend, passerby, complete stranger, etc., about your experience so that they don't fall for the scam should they ever fall victim to it.

bryanb · 7 February 2013 at 11:16AM

Stroma wrote: »

They won't give your money back, but you have nothing to lose now as the money is gone. So go to the retailer involved and demand your money back. Tell them that you have now read the BPA Code of Practice and now realise that the parking company is not allowed to issue tickets to blue badge holders. And despite appealing they are ignoring you.

Unfortunately it was an expired blue badge.

spacey2012 · 7 February 2013 at 11:16AM

Confused ?
one problem one thread ?

UKCPS parking ticket in disabled bay

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