Parking Ticket from CMS UK Ltd

Coupon-mad

Billtheboy wrote: »

Thanks for fast reply!

I will update this thread - if my appeal is upheld:rotfl:

It should be as you had a legal right to park there and they know it.

If not, then this would be a very good case to refer to the POPLA independent appeals service and cost the rip-off-merchants £32+ to expose this illegal discrimination. To continue to harass you by trying to make you pay a fake fine would be a breach of the Equality Act 2010. It's illegal.


This is an old old old thread.

If you are reading this after 2013 you are utterly wasting your time.


Please go to the current forum and learn about the current advice - see my signature which tells you where to click to find CURRENT advice!

Billtheboy

Hi There

Thanks for reply - I would have thought my NOT showing my badge as it had fallen down would be classed as mitigating circumstances and that is not covered under the new appeals scheme....

Or have I got that wrong....

CMS are on the list though


I am gutted I have sent them a letter with photocopy of my badges and my address details...reading threads and posts on other sites indicate the key is NOT to contact them......

Cant believe I am feeling stressed at this happening......

BASFORDLAD

Dont give it another thought, treat it like those pesky emails offering you millions....

Coupon-mad

Billtheboy wrote: »

Hi There

Thanks for reply - I would have thought my NOT showing my badge as it had fallen down would be classed as mitigating circumstances and that is not covered under the new appeals scheme....

Or have I got that wrong....

CMS are on the list though


I am gutted I have sent them a letter with photocopy of my badges and my address details...reading threads and posts on other sites indicate the key is NOT to contact them......

Cant believe I am feeling stressed at this happening......

No, you have done exactly the RIGHT thing for a ticket issued after 1st October! :T:T

You have written to tell them 'look I really am disabled and here's the proof'. That means that you have put them on notice that you were LEGALLY allowed to park there...WITHOUT any Blue Badge at all as it doesn't legally apply on private land anyway. Disabled people who fit the definition of disability can park there, no Badge needed.

What does apply is the Equality Act 2010 - and if they don't cancel this now you have 'made it known' that you were legally allowed to park there, then they are breaking that law.

You have played this perfectly and are in a great position to either get the fake PCN cancelled (which is what the PPC SHOULD do!) or refer it as a formal appeal and complaint to POPLA or to other agencies about the disability discrimination/harassment.

And whatever happens you will not have to pay and could even get damages from them!




This is an old old old thread.

If you are reading this after 2013 you are utterly wasting your time.


Please go to the current forum and learn about the current advice - see my signature which tells you where to click to find CURRENT advice!

Billtheboy

No, you have done exactly the RIGHT thing for a ticket issued after 1st October! :T:T

Thank you........I will sleep tonight:j

Billtheboy

or refer it as a formal appeal and complaint to POPLA or to other agencies about the disability discrimination/harassment.

What other agencies would be interested in this......


I have spoken to The CAB today while on my travells and there advise is to pay this ticket then argue about it? I told them the limited info I have learnt on this thread and a few others in this section and they seemed clueless - asking me to come and volunteer. Felt like the partially sighted leading the blind......:(

esmerobbo

CAB are next to useless when it comes to private parking matters.

Excellent advice pay the undue amount and then try to get it back?

Billtheboy

From the POPLA website

Grounds of appeal

The grounds under which you can appeal the parking charge notice are as follows:

• The vehicle was not improperly parked: e.g. that the vehicle was not parked where stated on the parking charge notice; that you believe you were still within the time you paid for; that the voucher was clearly displayed or that the conditions were not properly signed.
• The parking charge (ticket) exceed the relevant amount: e.g. that you are being asked to pay the wrong amount for the parking charge or that the charge has already been paid.
• The vehicle was stolen: e.g. that the vehicle was improperly parked after being stolen. However, the fact that someone else was driving your vehicle, for example a family member, friend or colleague, is not in itself a valid ground of appeal. The fact that you told the driver that they could only use your vehicle on condition they did not get any parking tickets is not a valid ground of appeal.
• I am not liable for the parking charge: e.g. that you had sold the vehicle before, or bought it after, the alleged improper parking. However, the fact that you had paid to park the vehicle in the first place (even if, for example, the voucher was not clearly displayed) is not in itself a valid ground of appeal.

Not showing my blue badge while in a disabled bay does not fall under the criteria on the above


I am a little confused - it would seem POPLA reject your appeal then even they advise to pay in time before the price is hiked up....This is a mine field:o

fb1969

A Blue Badge has no status on private land, but discrimation applies everywhere. Please re-read Coupon Mad's post above

The_Slithy_Tove

Billtheboy wrote: »

Not showing my blue badge while in a disabled bay does not fall under the criteria on the above

How about:

The parking charge (ticket) exceed the relevant amount. That is to say the charge exceeds the losses the landowner has incurred (which are zero).

Or

I am not liable for the parking charge. Because it has no basis, is completely unenforceable, and the PPC is not in a position to form any kind of contract with the driver.

May not come under their "e.g."s, but they are just examples.