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  • FIRST POST
    • Vorlina
    • By Vorlina 17th Jun 17, 9:06 PM
    • 1Posts
    • 6Thanks
    Vorlina
    Successful appeal - UKPC and shopping centre
    • #1
    • 17th Jun 17, 9:06 PM
    Successful appeal - UKPC and shopping centre 17th Jun 17 at 9:06 PM
    Just an update for the group in case anyone else has a similar issue:

    I received a ticket at the Eden Shopping Centre in 2013. I was parked in a disabled bay, displaying my badge, which apparently was more worn than I realised. They issued the ticket on the basis that no "valid badge" was displayed.

    I disregarded the ticket as I thought it had been issued as a mistake, and heard nothing more (as far as I remember, but it is four years ago!) until I received a letter from a debt collection company demanding £100.

    I searched through a lot of these forums and found some very interesting and helpful comments regarding the validity of the "blue badge" test to use disabled bays on private land. Obviously after 4 years I didn't have my original badge anymore, but I got in contact with my local council and got an email from them to confirm I was in possession of a badge at the time.

    I therefore wrote to the manager of the shopping centre, as follows - 48 hours later I had a cancellation of the ticket and confirmation that UKPC had been reprimanded. I hope this is helpful for others:
    -------------------------------------
    I am the registered keeper of vehicle xxx. On xx xxx 2013, a friend and I visited your centre to enjoy your cinema, as we had done on numerous other occasions. As I am a disabled individual, we parked in a disabled space and, as was our custom, displayed a blue badge. On the occasion, we returned to the car to find Parking Charge Ticket number xxxxxxxxxxx had been erroneously issued to us, even though the blue badge was displayed on the windscreen (photograph attached received from UKPC).

    No further correspondence was received on this matter, which we therefore assumed was as a result of the error being identified, until a letter was received from a debt recovery firm last week (2 June 2017) – which after a gap of over four years is frankly incredible. In 2014 we moved house but retained a forwarding arrangement for a full year.

    Like yourself and UKPC, I am aware that the Blue Badge scheme does not lawfully apply in private car parks. Companies such as UKPC may well mention the Badge on the signs displayed, ostensibly with regard to disability law, but in a private context it cannot be relied on in isolation as the only indicator of disability need. It is obvious that a disability does not disappear in the absence of a blue badge, which in this case was displayed.

    It is UKPC’s position that the badge was not legible. Over four years have passed, and I have since been issued with two subsequent blue badges, such that I can no longer produce the badge in question. However, I attach an email from xxxx Council confirming that I was in receipt of such a badge at the time the ticket was issued. The legibility or otherwise of the badge is, however, entirely moot, as under the Equality Act I as a disabled person have 'Protected Characteristics' and the legal right to use any 'reasonable adjustment' provided by any landholder/client/operator when visiting a customer-facing environment, including car parks, which is completely unreliant on the production or otherwise of a blue badge.

    Any term that UKPC may have on your signs to the effect 'Blue Badges only' is wholly unreasonable and therefore null and void, if the effect is to deny a disabled person their statutory right to use a reasonable adjustment without penalty.

    As a company, UKPC has specifically breached your legal duties (and the on-site operative has breached his individual duties) under the 'EHRC Equality Act Code of Practice for Service Providers' which has been law since 2011. 'Service Provider' is a term loosely associated with UKPC and certainly applies to your landowner/occupier client in this car park, who will be hearing about this matter from me, if you do not arrange for the cancellation of this extremely aged ticket within 10 days.

    Good luck to all
Page 1
    • Umkomaas
    • By Umkomaas 17th Jun 17, 9:45 PM
    • 14,977 Posts
    • 23,529 Thanks
    Umkomaas
    • #2
    • 17th Jun 17, 9:45 PM
    • #2
    • 17th Jun 17, 9:45 PM
    The power of the complaint to the landowner/retailer. Well done, and thanks for the update.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Coupon-mad
    • By Coupon-mad 17th Jun 17, 10:43 PM
    • 50,736 Posts
    • 64,129 Thanks
    Coupon-mad
    • #3
    • 17th Jun 17, 10:43 PM
    • #3
    • 17th Jun 17, 10:43 PM
    That's a very good complaint and I recognise some of those arguments, which are still valid. Nothing has changed since, and of course you were entitled to park there.

    The law and the Government (and date I say, the Supreme Court) is a complete a$$, allowing scum like these con-merchant firms to stay afloat after clamping was criminalised, letting them harass people with even nastier 'credit clamping' using old addresses to get CCJs against people for hundreds of pounds.

    I am sure we have not even discovered anything like the number of people currently credit-clamped by parking firms. It is a national scandal, since none of the charges are justified, can't think of ONE 'parking charge' scenario that's actually something that the law should uphold.

    The entire industry should be shut down. And the Supreme Court Judges should be ashamed.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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