Parking Ticket Dispute

Lee_Jow

Hi,

I have just had a letter through for a PCN as apparently I had parked my wifes car in a disabled bay at a retail park. Should I ignore the demand ?

trisontana

In a word "yes".

Could you tell us the name of the parking company?

Coupon-mad

Lee_Jow wrote: »

Hi,

I have just had a letter through for a PCN as apparently I had parked my wifes car in a disabled bay at a retail park. Should I ignore the demand ?

Yes if you are not connected to the parking parasite company. Which leech was it?

And by the way please do not park in disabled bays if there is no disability need. Although on private land the bays are only advisory they are there for a reason of course, whatever time of day and even if there seems to be a lot of them free.

kwaks

Sorry, more info needed.


If this was England & Wales then all is fine to ignore.


If Scotland it is possible to get a council ticket in a private car park disabled space.

trisontana

kwaks wrote: »

Sorry, more info needed.


If this was England & Wales then all is fine to ignore.


If Scotland it is possible to get a council ticket in a private car park disabled space.

Only if that particular car parks' disabled bays have been taken over by the council. I don't think there are many of those.

pogofish

trisontana wrote: »

Only if that particular car parks' disabled bays have been taken over by the council. I don't think there are many of those.

Yup, dispite the legislation being fast tracked, the uptake has been next to nothing. For virtually all operators the situation is effectively the same as England.

Schedule4Rules

Lee_Jow wrote: »

Hi,

I have just had a letter through for a PCN as apparently I had parked my wifes car in a disabled bay at a retail park. Should I ignore the demand ?

Are you or your wife disabled ?
If not, then what right do you think you have to park in a space which has been reserved by the land owner to assist disabled motorists or their passengers ?

If you are, then write off to them with proof you are disabled and needed to park there and then everything should be OK.
Did the conditions of the parking location state you had to display a disabled badge so they could recognise you car as being one to which a disabled person is using ? If it did, why did you not display it ?

If the parking location did not state such a condition then it is only right that if you can prove a legitimate reason for parking there and one to which a reasonable person would see as suiting a disabled person then I am sure any ticket would be squashed.

Before anyone starts going on about disabled bays/badges on private land, a landowner can and should state areas to which disabled people can park and this will be on the conditions for the parking area to which the mototist should be aware of and comply with.

trisontana

Schedule4Rules wrote: »

Are you or your wife disabled ?
If not, then what right do you think you have to park in a space which has been reserved by the land owner to assist disabled motorists or their passengers ?

If you are, then write off to them with proof you are disabled and needed to park there and then everything should be OK.
Did the conditions of the parking location state you had to display a disabled badge so they could recognise you car as being one to which a disabled person is using ? If it did, why did you not display it ?

If the parking location did not state such a condition then it is only right that if you can prove a legitimate reason for parking there and one to which a reasonable person would see as suiting a disabled person then I am sure any ticket would be squashed.

Before anyone starts going on about disabled bays/badges on private land, a landowner can and should state areas to which disabled people can park and this will be on the conditions for the parking area to which the mototist should be aware of and comply with.

But the PPC would have to take the OP to court to claim their money. If they don't respond to the PPC then the case can't go any further becuase they won't know the identity of the driver. So, to the OP, just keep ignoring and you will be OK.

SodG24

Schedule4Rules wrote: »

Are you or your wife disabled ?
If not, then what right do you think you have to park in a space which has been reserved by the land owner to assist disabled motorists or their passengers ?

If you are, then write off to them with proof you are disabled and needed to park there and then everything should be OK.
Did the conditions of the parking location state you had to display a disabled badge so they could recognise you car as being one to which a disabled person is using ? If it did, why did you not display it ?

If the parking location did not state such a condition then it is only right that if you can prove a legitimate reason for parking there and one to which a reasonable person would see as suiting a disabled person then I am sure any ticket would be squashed.

Before anyone starts going on about disabled bays/badges on private land, a landowner can and should state areas to which disabled people can park and this will be on the conditions for the parking area to which the mototist should be aware of and comply with.

Lee Jow - while I agree with the sentiments of this PPC Troll about not parking in disabled bays unless you really are disabled ( or your passenger ) it is pointless appealing. DON'T contact the PPC - they will reject the appeal. Just ignore all the threats.

To make clear, Schedule4Rules is a PPC and his invoices will threaten things like :

> CCJs
> Bailiffs
> All hell breaking lose

All you have done is enter a contract ( and even that's questionable ) and broken it. All a PPC can claim from you is reasonable loses. Assuming your invoice is for say £80 - how is this a reasonable loss ? How has the PPC or landowner lost £80 from you parking where you weren't meant too ?

They haven't so it can only be deemed a penalty or a fine and as private companies can't issue people with penalties or fines it is a totally invalid invoice.

Unfortunately the simpleton that is Schedule4Rules doesn't understand contract law.

Sirdan

SodG24 wrote: »

Lee Jow - while I agree with the sentiments of this PPC Troll about not parking in disabled bays unless you really are disabled ( or your passenger ) it is pointless appealing. DON'T contact the PPC - they will reject the appeal. Just ignore all the threats.

To make clear, Schedule4Rules is a PPC and his invoices will threaten things like :

> CCJs
> Bailiffs
> All hell breaking lose

All you have done is enter a contract ( and even that's questionable ) and broken it. All a PPC can claim from you is reasonable loses. Assuming your invoice is for say £80 - how is this a reasonable loss ? How has the PPC or landowner lost £80 from you parking where you weren't meant too ?

They haven't so it can only be deemed a penalty or a fine and as private companies can't issue people with penalties or fines it is a totally invalid invoice.

Unfortunately the simpleton that is Schedule4Rules doesn't understand contract law.

Could get very sticky in court ..(not that it's ever going there).

I'm not legally qualified but if
1) the notice says this space is FREE for disabled users who display a blue badge and it is £80 to all others ,then could it not be argued that the £80 is a contractual charge as opposed to a penalty ? (but read on)

but

2) If it says NO PARKING except Blue badge,if you park without displaying the charge is £80 ..then it is a penalty .

Simple ..er well no actually ...

Unfortuanatly for PPCs the Office of fair Trading Guidance on unfair terms in consumer contracts says this

"The Regulations are concerned with the intention and effects of terms, not just their mechanism.
If a term has the effect of an unfair penalty, it will be regarded as such, and not as a 'core term'.
Therefore a penalty cannot be made fair by transforming it into a provision requiring payment of a fee for exercising a contractual option. "

Example one clearly falls under this as no one of sound mind will want to pay £80 to park in a disabled space when the other spaces are free...(the charge is clearly there to deter)

So in summary tough luck on Schedule4Rules ...the contract covering disabled spaces on private land is virtually unenforceable whichever way you spin it !!

I think the vast majority of District Judges sitting in County Courts are more than capable of grasping these simple legal facts...
(Although I still agree that non disabled customers should not use the spaces)

Coupon-mad

Schedule4Rules wrote: »

Are you or your wife disabled ?
If not, then what right do you think you have to park in a space which has been reserved by the land owner to assist disabled motorists or their passengers ?

If you are, then write off to them with proof you are disabled and needed to park there and then everything should be OK.

Hasbeen, you mean EXACTLY like the disabled guy who your leeching car-park-parasite company UKCPS dragged to Court when you KNEW he was disabled, and you actually won on default because the poor guy was too ill to attend Court?

I bet your Mum, and Helen Dolphin of Disabled Motoring UK (Mobilise) are both proud of you. :mad:

One day soon someone will get their own back in damages under the Equality Act which PPCs breach with non-extended time restrictions, insistence on Blue Peter Badges, and debt collector harassment. Can't wait - unlike you I AM on the side of genuine disabled motorists.