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  • FIRST POST
    • Speedbird132
    • By Speedbird132 5th Dec 17, 3:38 PM
    • 6Posts
    • 0Thanks
    Speedbird132
    Disabled Logo on Private Parking Noticeboard
    • #1
    • 5th Dec 17, 3:38 PM
    Disabled Logo on Private Parking Noticeboard 5th Dec 17 at 3:38 PM
    I would be grateful for any feedback on the following matter regarding the Disabled Badge Holders Logo and Private Parking T&C:

    On Oct 26th I parked in what used to be a shared car park with a business I occasionally visit. The other property is currently undergoing building work, and Corporate Parking Management have erected Private Parking notices at the site.
    The Private Parking notice includes the disabled logo and text clearly stating:
    "Disabled Badge Holders only parking in disabled bays. A valid disabled badge and clock card must be displayed in vehicle windscreens at all times"
    AND below that:
    A parking charge notice will be issued for the following contraventions:
    "Failing to clearly display a valid disabled persons badge and clock card in vehicle windscreen while parking within a marked disabled persons bay"
    I naturally assumed that this meant there was a concession that allowed parking for disabled people displaying a valid Blue Badge. I had clearly placed my disabled badge showing the correct time on the dashboard.
    However, there were NO disabled bays marked - indeed, there are no bay markings of any kind, as the current car park is currently being used by builders during refurbishment works to the premises, as could be clearly seen in the photos I submitted.

    On return to the car after 10 minutes, I found that I had received a PCN because 'I had "failed to display a valid parking permit".

    In accordance with the Road Traffic Act 1991, I challenged it on the basis that the contravention did not occur as the signage gave the information regarding Blue Badge holders.

    The reply to my initial Appeal to the Parking company completely disregarded my defence and my appeal was rejected as they said "You are required to display a valid permit when parking in their car park. These conditions are clearly displayed on the signage on site."

    I then went through POPLA - and yesterday, they too rejected my appeal, making no reference to the fact that the notice DOES indeed indicate that Disabled badge holders are accepted.

    What should I do next?
Page 1
    • IamEmanresu
    • By IamEmanresu 5th Dec 17, 3:50 PM
    • 1,812 Posts
    • 3,203 Thanks
    IamEmanresu
    • #2
    • 5th Dec 17, 3:50 PM
    • #2
    • 5th Dec 17, 3:50 PM
    Did the business hire CPM or did someone else. And what is the correct name or company number of the company in question as they do not appear at Companies House.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • Redx
    • By Redx 5th Dec 17, 3:51 PM
    • 16,902 Posts
    • 21,012 Thanks
    Redx
    • #3
    • 5th Dec 17, 3:51 PM
    • #3
    • 5th Dec 17, 3:51 PM
    nothing else you can do , its private land and they can almost do as they please

    POPLA will not rule on the EA2010, which is what covers you (not the BB) and never have done

    if the PPC decide to issue an MCOL within 6 years , you can argue the same defence in front of a judge , especially the signage and bay markings issues

    photos will be helpful to your case, so get some and keep them for 6 years

    as for the name , was it this one ?

    Corporate Services (Hereford) Limited t/as Corporate Services (Parking Management)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Speedbird132
    • By Speedbird132 5th Dec 17, 6:17 PM
    • 6 Posts
    • 0 Thanks
    Speedbird132
    • #4
    • 5th Dec 17, 6:17 PM
    • #4
    • 5th Dec 17, 6:17 PM
    Many thanks for replying.
    So do I just wait & see if I am issued with a summons?
    Have already got the photos & have kept all records of communications.
    What are the financial implications likely to be if I wait (up to 6 years)?
    Yes, Corporate Services (Hereford) Limited t/as Corporate Services (Parking Management) is correct.
    • pogofish
    • By pogofish 5th Dec 17, 6:17 PM
    • 7,927 Posts
    • 8,034 Thanks
    pogofish
    • #5
    • 5th Dec 17, 6:17 PM
    • #5
    • 5th Dec 17, 6:17 PM
    I
    In accordance with the Road Traffic Act 1991, I challenged it on the basis that the contravention did not occur as the signage gave the information regarding Blue Badge holders.

    What should I do next?
    Originally posted by Speedbird132
    You need to inform yourself properly about the cowboy world of private parking.

    The Newbies Sticky at the top of this forum will do just hat.

    You made the common mistake of assuming that Blue Badges actually mean something on private property - They don't! The Blue Badge legislation only applies on the public road and in public car parks (except in very specific locations in Scotland).

    However, its the Equality Act that applies here and applies to all disabled drivers needing reasonable adjustment regardless of any badge, so you probably would have a good defence should they go as far as court.

    In the meantime, apart from trying to get the business you were visiting to have it cancelled, as they would be jointly liable for any Act breach with the PPC, your best bet is to sit tight and see if you get an LBC. Read-up on defences incl signage/markings etc in the sticky.
    • Speedbird132
    • By Speedbird132 5th Dec 17, 6:32 PM
    • 6 Posts
    • 0 Thanks
    Speedbird132
    • #6
    • 5th Dec 17, 6:32 PM
    • #6
    • 5th Dec 17, 6:32 PM
    Dear Pogfish
    I cannot find the Newbies Sticky anywhere! Hopefully if you could direct me to this I can decipher some of the anachronisms used.
    Thanks also for your advice re contacting the actual business - I will try, but as they are not yet using the premises that must have employed the parking firm, I cannot claim to have been their customer.
    • KeithP
    • By KeithP 5th Dec 17, 6:55 PM
    • 4,747 Posts
    • 3,089 Thanks
    KeithP
    • #7
    • 5th Dec 17, 6:55 PM
    • #7
    • 5th Dec 17, 6:55 PM
    You are looking for a thread with this title:

    **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!

    It's currently the first thread on the thread index page.
    .
    • Redx
    • By Redx 5th Dec 17, 7:17 PM
    • 16,902 Posts
    • 21,012 Thanks
    Redx
    • #8
    • 5th Dec 17, 7:17 PM
    • #8
    • 5th Dec 17, 7:17 PM
    So do I just wait & see if I am issued with a summons?

    What are the financial implications likely to be if I wait (up to 6 years)?
    Originally posted by Speedbird132
    this will not happen, a "summons" is issued in criminal cases etc , or traffic offences like speeding

    this is a civil matter and civil court is used, so definitely no "summons"

    MCOL is what is used , google it

    the NEWBIES sticky thread is at the top of this forum , please read it , post #5 explains acronyms

    a typical loss in court may be say £175 , because it is small claims court and so costs are capped
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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