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Fined for parking in disabled bay with a permit :(

KittyKate
KittyKate Posts: 1,606 Forumite
My husband and I took my dad to a big out of town shopping centre very recently, it was chucking it down, dark and blowing a gale. We parked in the disabled bay (my dad has a disabled parking badge as he has problems walking following a stroke, he is 70).

Anyway as you may or may not know the badge is actually in two parts, one a photo ID blue badge and the other a time wheel. Hubby set the time wheel and off we went.

When we came back less than an hour later we'd been slapped with a £100 fine for not displaying our badge properly. On inspection, it looks like a gust of wind had lifted the time wheel about an inch over the photo ID. You could still see the photo, disabled sign, name etc, however.

We couldn't see the attendant anywhere so drove off and I called the shopping centre when I got home. Basically they said I can pay now (within 14 days) and pay 'only' £60. Or I can challenge it, but if I lose I have to pay the full £100. He recommended, however (must have been at the Christmas sherry) that we ignore it, as they don't have our name/address and it's not in their interest to spend money pursuing it with the DVLA. He said we can't get any points or a CCJ or anything so just ignore it (didn't expect him to say this!)

So what should I do? I would pay any legitimate fine but as I had a valid disability permit in a designated space I certainly don't want to pay. But do I ignore or challenge?
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Comments

  • Strider590
    Strider590 Posts: 11,874 Forumite
    It's private land right? if it's not a fine from the local council, then they haven't a leg to stand on.... It's more like an invoice and your under no legal obligation to pay, no matter how official they make the letter look.
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

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  • KittyKate
    KittyKate Posts: 1,606 Forumite
    Thought so, thanks :) Yes, it's private land and a private parking firm 'Anchor Car Park Services'. It wasn't even a letter, just a till receipt in a yellow-and-black plastic envelope on the windscreen. We were so annoyed, I can understand fines if people park there without a permit but to be so petty (when I was clearly with a disabled person right under CCTV at the shop entrance) really gets me.

    I'll keep it just in case but I'll ignore it as planned. Flipping vultures! :)
  • Notmyrealname
    Notmyrealname Posts: 4,003 Forumite
    KittyKate wrote: »
    When we came back less than an hour later we'd been slapped with a £100 fine for not displaying our badge properly. On inspection, it looks like a gust of wind had lifted the time wheel about an inch over the photo ID. You could still see the photo, disabled sign, name etc, however.

    To prevent future issues...

    You don't actually display the side with the photo on as it doesn't have the expiry date. You should actually display the other side. The side with the photo is actually the back. You need to put it with this side up:

    front.gif
  • Strider590
    Strider590 Posts: 11,874 Forumite
    KittyKate wrote: »
    Thought so, thanks :) Yes, it's private land and a private parking firm 'Anchor Car Park Services'. It wasn't even a letter, just a till receipt in a yellow-and-black plastic envelope on the windscreen. We were so annoyed, I can understand fines if people park there without a permit but to be so petty (when I was clearly with a disabled person right under CCTV at the shop entrance) really gets me.

    I'll keep it just in case but I'll ignore it as planned. Flipping vultures! :)

    Probably just folks meeting "targets" to get their Christmas bonuses....

    Welcome to England, the land of shafting your neighbour for a quick buck.
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

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  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 3 January 2012 at 4:30PM
    To prevent future issues...


    Agreed, if you are parking on the street. The blue badge scheme does not apply to private land. There is no obligation to display the badge at all.
  • KittyKate
    KittyKate Posts: 1,606 Forumite
    Apologies - it was that way around (we took a photo, but it was quite dark). I've just realised you're quite right, the photo is on the other side. The time wheel was covering the words 'Date' and 'Issued' but you could still see the date clearly, the council (local to the shopping centre but I actually live in Lancs) and the serial no and blue logo were unobscured. (Ours also has a stamp on it).

    The high winds must have lifted it up and it landed like that, as hubby always puts them side by side not touching.

    The car park is a free one, too, so it's not as if any financial loss was incurred by the parking company. £100 is a steep price to pay for a gust of wind!!
  • vax2002
    vax2002 Posts: 7,187 Forumite
    This is a scam that impersonates authority from a back bedroom laser printer
    THE LAW !
    You have been given an invitation to pay a private invoice:
    Not a fine.
    If you fail to pay the invoice the company can attempt to sue you in court.
    However they can only sue you for actual losses.
    So if it was £1 to park and you did not pay £1 they can sue you for £1
    Any other amount other than the actual loss is a penalty
    Private companies can not charge citizens penalties, they are ILLEGAL
    However they can ask you to pay it.
    Thats the law:
    As by my judgement you do not owe them any money, they wont risk getting thrown out of court, so you can discount that approach.
    Instead they will obtain your details from DVLA who will sell them, then embark on harassment and send threatening letters pretending to be authority, solicitors and debt collectors.
    If you hold your nerve and completely ignore them, they will give up and go away.
    If you engage with them and use the appeals service, it will fail as you are actually appealing to the same scam merchants that want your money.
    You will also gain more harassment, you can not win with crooks.
    If you decide you do not want all the trouble and want to pay, please put aside around £150-£225 as they will claim you paid late and send more invoices.
    It is a scam you see, they will come back for more money.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • KittyKate wrote: »
    £100 is a steep price to pay for a gust of wind!!
    Good job you don't have to pay it, then :wink:
  • mcfisco
    mcfisco Posts: 1,957 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    vax2002 wrote: »
    This is a scam that impersonates authority from a back bedroom laser printer
    THE LAW !
    You have been given an invitation to pay a private invoice:
    Not a fine.
    If you fail to pay the invoice the company can attempt to sue you in court.
    However they can only sue you for actual losses.
    So if it was £1 to park and you did not pay £1 they can sue you for £1
    Any other amount other than the actual loss is a penalty
    Private companies can not charge citizens penalties, they are ILLEGAL
    However they can ask you to pay it.
    Thats the law:
    As by my judgement you do not owe them any money, they wont risk getting thrown out of court, so you can discount that approach.
    Instead they will obtain your details from DVLA who will sell them, then embark on harassment and send threatening letters pretending to be authority, solicitors and debt collectors.
    If you hold your nerve and completely ignore them, they will give up and go away.

    Hopefully they will
    My wife's car was issued with a penalty notice for a very similar incident
    UKPC have issued County Court proceedings for £175 after she ignored all correspondence from them
    Hopefully they'll lose but it's quite distressing for her and she'll also need to take the time to go to court etc.
  • vax2002
    vax2002 Posts: 7,187 Forumite
    edited 3 January 2012 at 4:20PM
    mcfisco wrote: »
    Hopefully they will
    My wife's car was issued with a penalty notice for a very similar incident
    UKPC have issued County Court proceedings for £175 after she ignored all correspondence from them
    Hopefully they'll lose but it's quite distressing for her and she'll also need to take the time to go to court etc.

    Have you formulated a defence and prepared a pre-requisite of your losses in attending court .

    PS, where did you ask for advice ?, can you link to your post ?
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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