Private Parking Penalty Notices

sd12

SingleSue wrote: »

I learnt from burying my head in the sand, being bloody minded and ignoring their letters.......and was amazed when I read that my burying my head in the sand approach was actually the correct action!

Yes, Parking Eye gave me a lovely 'ticket' about 3 years ago now for overstaying by 4 minutes....4 minutes because my youngest son was having an asthma attack and we couldn't get back to the car before the free time expired as we had been too bleeding busy for the last hour trying to get him to breath properly!

So I gave them a piece of my mind and then ignored them thereafter.

Thanks, similar case as mine, did you respond back to these PPCs like I did ?

sd12

Coupon-mad wrote: »

By reading up on it, having had a fake PCN myself 3 years ago.

Then coming on here and pepipoo forums almost every day as I think this unregulated industry needs to be brought down completely.

My response received today from the BPA...

Thank you for your letter email below which refers to a parking incident which you experienced with UK Parking Control. We have given your case the reference *****and would ask that you use this on any future correspondence.

I can confirm that UK Parking Control is a Member of the BPA’s Approved Operator Scheme (AOS) which was developed to bring a degree of regulation to an industry without primary legislation. We are not a regularity authority though and as such we cannot handle specific appeals against parking tickets or other enforcement actions taken by our members but we can take actions where we believe they have breached our Code of Practice.

However, there is a clear expectation that the members of the BPA operate in a professional manner and those who are responsible for parking enforcement on private land sign up to our Code of Practice. We receive a number of complaints and all of them are investigated. If following an investigation, a member is found to be in breach of the Code, they would be subject to our Sanctions Scheme, where Operators who breach the Code can expect to receive a number of penalty points depending on the severity of the offence. As with driving offences, once an operator’s ‘licence’ has reached twelve points in any given 12-month period, then he is likely to be faced with suspension or expulsion.

You will appreciate that while we will endeavour to investigate every case to the fullest extent and to the best of our availability, we are not a regulatory body and as such do not have the powers to overturn decisions made by operators. As a consequence we focus our efforts on the investigations and how the behaviour of the operator meets the requirements of our Code of Practice, and as such we may not be in a position to enter into further correspondence with you. Having said that, should you over time obtain additional information to your case that you feel would aid our investigations, then we would be pleased to hear from you again.

Yours sincerely


AOS Complaints Team

AlexisV

we are not a regulatory body and as such do not have the powers to overturn decisions made by operators

No, but they have the power to exclude members.

as such we may not be in a position to enter into further correspondence with you

Er, why not? How rude.


Hope you'll be pressing these people for a weekly update on how their investigation is going.

Taiko

One thing on this post, and it's a stab in the dark really, but with the childs health problems related to breathing, would there potentially be an angle under DDA? I imagine it could border on a disability, but no blue badge entitlement.

Obviously a few others more in the know than me, just something that came to mind.

AlexisV

No capability of contract would apply.

sd12

Taiko wrote: »

One thing on this post, and it's a stab in the dark really, but with the childs health problems related to breathing, would there potentially be an angle under DDA? I imagine it could border on a disability, but no blue badge entitlement.

Obviously a few others more in the know than me, just something that came to mind.

good point ! But I am just ignoring any more letters that come from UKPC.

Coupon-mad

Taiko wrote: »

One thing on this post, and it's a stab in the dark really, but with the childs health problems related to breathing, would there potentially be an angle under DDA? I imagine it could border on a disability, but no blue badge entitlement.

Obviously a few others more in the know than me, just something that came to mind.

If someone has a long-term condition (say lasting a year or more) which affects their normal day-to-day living then yes, they would be covered by the Equality Act 2010:

http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068

Blue Badge or not, they can make use of any reasonable adjustment they need, which is provided by a retailer/service (in a car park this may include use of a disabled bay and/or allowance to stay longer than any restriction placed upon non-disabled customers).

Because sd12 wrote and told them about his son's condition then from that point on, the parking company IMHO breach the Equality Act if they harass the parents/carers and pursue the fake fine. Harassment alone breaches the Act, let alone trying to extort money!

Once a company knows (or should have known) about a condition where the Equality Act kicks in, they have to prove that their actions were 'reasonable' (read the link) if the wronged carers decide to take them to task in a Court of Law over the breach. That's why I am keen for a PPC and/or retailer to be taken to or threatened with Court over such a breach - there would be compensation due and the press would pick up on it, word would spread, retailers would have to have a re-think (hopefully about their whole PPC blind reliance!).

Mobilise would look particularly bad if an Equality Act breach case was ever taken up against their bed-buddies UKCPS...and the BPA will look particularly bad if sd12's complaint against (different company) UKPC is ignored, if indeed sd12's son does fit the definition of disability.

But having said all that sd12, certainly keep on ignoring the letter-chain, just go for complaints if you want to stand up and be counted.

SingleSue

sd12 wrote: »

Thanks, similar case as mine, did you respond back to these PPCs like I did ?

I just had my one rant and that was it.....no other contact with them and just ignored whatever came through my door from them, partly because I couldn't afford to pay it and partly because they had completely peed me off.

Taiko

Cheers for that Coupon. I guess we can live in hope that one day, that situation will happen. Until then, we just all keep ignoring.

sabz3008

The BPA are in it just as bad as the PPC's in my opinion. All they're after is the membership fees from the PPC,
It's sort of like drug boys that run around the estate that have to pay a cut to the ring leader