Town and City Parking yet again...

Sirdan

Coupon-mad wrote: »

Basically, yes, a landowner can state a restriction on a sign and call it a contract. And a judge might find that contract to be enforceable.

But equally, if a victim was entitled to park there due to a longterm disability then they can take the PPC and the landowner/retailer to Court under the Equality Act and claim a lot more money back for distress and harassment.

Certainly IMHO this would apply in the case of the Exeter disabled person who was forced to pay Hasbeen at UKCPS a few hundred recently when a judge actually saw the contract as valid.

I do hope that person is planning a breach of Equality Act case, would LOVE to hear the outcome in due course.

Intresting that being the case it follows that a genuine blue badge holder can not be charged for failing to display as they could demonstrate their need under the Equality Act very simply.
It shows how little PPcs and landowners know of the law when they reject appeals based on the " Iforgot my blue badge here is a copy " defence.
In effect if the PPC pursues it's charge of £100 they could end up paying a much greater fine under the Equality Act ..lol

Perhaps someone should tell them ????:rotfl:

Doesn't change the sad fact that non entitled persons still abuse disabled bays and at present there's basically sod all anyone can do about it ...after all you can't assess disability just by looking at someone so how can a PPC muppet possibly KNOW that a person is not entitled..basically they can't which means every time they issue a ticket / charge they are taking a huge risk ..

Coupon-mad

thetriggerhappypwner wrote: »

Possibly, but whats the point in that, they will only twist and distort my words to their advantage like they did on the phone a few weeks back. I demanded proof of my vehicle being "parked in a disabled bay" which should have been a photograph, which was not provided this they have no proof. I however have proof to the contrary showing my vehicle parked in a NON-DISABLED BAY!

Who is 'they'?

I am not saying complain to the PPC nor the debt collector/solicitor. Report them to the authorities, the reason is made clear here in a long but informative pepipoo forums blog by respected poster bama.

http://forums.pepipoo.com/index.php?...article&id=102

It includes a suggested letter for complaining to the DVLA and to the BPA.

Sounds like a waste of time to complain to the BPA - but it's not because most PPCs are currently breaching the BPA Code of Practice. Read the blog article and you'll see that this breach and other issues means they should not be able to get info from the DVLA.

Complaints will win the day - you did say in your OP that you had got mockery and insults from the PPC and now you have harassment from their debt collector. Harassment is a criminal offence:

http://www.nationaldebtline.co.uk/en...=03_harassment

Also complain to your MP, the OfT, local Trading Standards, the press and to the car park or retailer Management themselves for allowing this protection racket on their site.

The more people who complain the better this year.

taffy056

Sirdan wrote: »

Doesn't change the sad fact that non entitled persons still abuse disabled bays and at present there's basically sod all anyone can do about it ...after all you can't assess disability just by looking at someone so how can a PPC muppet possibly KNOW that a person is not entitled..basically they can't which means every time they issue a ticket / charge they are taking a huge risk ..

The thing is the abuse is greatly inflated by the PPCs and Mobilise etc, they have no hard evidence that its widespread, most people are decent law abiding individuals and will not park there, all the survey does is show that a vehicle is parked there, and no badge on dispaly, that does not prove abuse!

I have been doing a survey sort of when I go to different supermarkets, I fuel up in Morrisons with a fuel card, usually I go for something to eat, I look at the disabled bays as I walk past, I would say most have badges on view, when I go to the local asda shopping its the same, I pop into Tesco now and then and its the same!

Either we have more considerate parkers here in Wales, or the survey is bullsh*t to put it bluntly!

Coupon-mad

Sirdan wrote: »

Intresting that being the case it follows that a genuine blue badge holder can not be charged for failing to display as they could demonstrate their need under the Equality Act very simply.
It shows how little PPcs and landowners know of the law when they reject appeals based on the " Iforgot my blue badge here is a copy " defence.
In effect if the PPC pursues it's charge of £100 they could end up paying a much greater fine under the Equality Act ..lol

Perhaps someone should tell them ????:rotfl:

Doesn't change the sad fact that non entitled persons still abuse disabled bays and at present there's basically sod all anyone can do about it ...after all you can't assess disability just by looking at someone so how can a PPC muppet possibly KNOW that a person is not entitled..basically they can't which means every time they issue a ticket / charge they are taking a huge risk ..

I have said it loads of times. Really hope someone will take that step. All it needs is one case to set the standard.

Anyone disabled who fits the definition of disability can expect to park in those bays unharassed. That does include anyone whose Badge fell down or forgot to display it, as well as any genuine disabled driver/passenger without a Blue Badge.

Wonder if such a case would wash against a Council who refused to cancel a ticket too?

thetriggerhappypwner

Is it advisable to take them to court for harassment and undue stress then?

taffy056

thetriggerhappypwner wrote: »

Is it advisable to take them to court for harassment and undue stress then?

I think Coupon was talking about disabled people being harassed by PPCs, for example UKCPS specifically target disabled drivers for abuse, even when the drivers prove they are disabled, all appeals are turned down and costs are even increased, unbelievably a disabled charity actually tells disabled drivers to pay invoices when they know these are not enforceable, the reason is that if you can believe this , they earn commission out of it, they have jumped into bed with numerous PPCs, these people are supposed to look after their members rights!

thetriggerhappypwner

Absolutely shocking to say the least!

Sirdan

thetriggerhappypwner wrote: »

Possibly, but whats the point in that, they will only twist and distort my words to their advantage like they did on the phone a few weeks back. I demanded proof of my vehicle being "parked in a disabled bay" which should have been a photograph, which was not provided this they have no proof. I however have proof to the contrary showing my vehicle parked in a NON-DISABLED BAY!

How interesting ...do you routinely photograph your vehicle when you park it then ?

If so ..why so ? If not why did you this time ?

If you have just taken a photo of the space which you were in at a later date ..that doesn't really prove that is where you were parked when the alleged contravention took place at all does it?

Having said that the PPC are the one's who have to prove their claim ..so if it's their word against yours you should have nothing to worry about ..after all why would their word carry any more weight in a court than yours ...lol

taffy056

Perhaps he photoed the car and bay after getting an invoice, I know I do with my company vehicle when in a car park, as it's a leased vehicle I make sure not to be in a position of getting an invoice.

Sirdan

taffy056 wrote: »

Perhaps he photoed the car and bay after getting an invoice, I know I do with my company vehicle when in a car park, as it's a leased vehicle I make sure not to be in a position of getting an invoice.

would be interesting to see that photo, just to see how wrong a ppc can be ..lol

Surely issuing an invoice followed by numerous threats when the vehicle wasn't even where they allege it to have been ,is nothing but fraud ...the Police really should do their jobs and put a stop to what is quite clearly a criminal scam. After all what kind of idiotic moron could possibly think a car is in a clearly marked and signed disabled bay when it isn't ??
A genuine mistake or a deliberate fraud ??? Well I know what I think ...

The invoice can be a mistake ..but the legal threats when there is no evidence whatsoever ..?? That's fraud and/or demanding money with menaces.