Excel Parking ticket for disabled bay -can I get my money back?

Nicola7899

I received a parking ticket from Excel for parking in a disabled bay without displaying a badge. I am a wheelchair user and to be honest, I don't have a badge because I don't need one - it doesn't matter if I don't park outside a shop's front door, I'm lucky enough to be fit enough to push myself quite far. However on this particular day, a disabled bay was the only space available and as it's NOT a pay & display car park, I assumed I'd be ok. I was only gone for 10 mins and came back to find someone beginning to write out a ticket. I asked him what he was doing and he ignored me. I asked again, and he said he was giving me a ticket for not displaying a badge. He then began to lecture me that I should know that I should display a badge. I appealed, and explained that the signs are so high up, with such tiny lettering, it was impossible for me to read it (and my eye sight is perfect!) I admitted I didn't display a badge, but pointed out that the man had taken details from my tax disc, which clearly says 'disabled' on it due to it being a motability car. Needless to say I lost the appeal and have paid my fine, but feel very disgruntled everytime I see how high the signs are and ridiculously impossible to read.

I have just googled Excel and have come across the threads on here, and now feel very silly for even appealing, nevermind paying. My question is, would it be possible to get my money back? Should I go down the route of threatening them for discrimination, or would that go over their thicks heads too?

give_them_FA

The better point of attack is the owner of the car park, whom you can sue under the DDA. Who is the owner? Where was this?

You have already learned the futility of attempting to reason with or appeal to the better nature of scammers. Dirty slimy scumbags.

Coupon-mad

Absolutely blooming well get your money back, and some! And it's not about whether the signs were high up or not.

You paid a scam 'charge' for using a bay which you were legally entitled to use, under the Equality Act 2010! It is illegal for a service provider or their agent to pretend the Act doesn't apply to certain members of the disabled public (which is effectively what their sign has done).

And the guy saw you were in wheelchair.

And you appealed in writing so the company knew you were disabled too!

Yet they still pursued you for a fake fine and sadly you paid it!

OK, the way to get your money back and compensation if you wish to, is to write some letters of complaint to the shop, the retailer. I say 'some letters' as I would be surprised if it only takes one. Address it to the CEO of the retailer (which shop is it, a big one?). Ask them why they are allowing their agent to breach the Equality Act 2010 and tell them that you were duped into paying a fake fine when you have since discovered that they actually breached disability law to pursue the matter. Enclose a copy of Excel's rejection letter for information.

Remind the retailer that their agent was very well aware that you are disabled, and their agent acts as a contractor of (shop name) even if no money changes hands. Both are liable for a disability law breach and tell them you are writing to complain and to warn them that Court action against all parties is planned - UNLESS they refund your money, apologise and tell their agent never again to pretend they can 'fine' a genuine disabled person in a disabled bay.

Explain that you now know theat the Blue Badge scheme does not even lawfully apply on private land, and clearly they need to learn this too. A service provider is in breach if they 'know or should have known' that a service user was protected disabled under the definition of disability under the Equality Act, and still continue to harass that person. Excel knew.

Excel's signs cannot override the Equality Act and you are entitled to use the provision of a disabled bay as a 'reasonable adjustment' (Blue Badge or no Blue Badge). In your case they saw and were told in writing that you WERE disabled, a breach has clearly occurred and unless a refund and apology follows within ten days you will take the matter to Court, where you will also claim interest, expenses and for damages for distress, harassment under the Equality Act 2010 and the Protection from Harassment Act.

Let us know what reply you get and if no refund and sincere apology then we can help you take this further, it should be sorted out of Court I would hope.

give_them_FA

Yes, I agree. I would go for damages right from the off. Claim a sum limited to £1,000. I got £750 for far less than this flagrant breach. Merely refunding what you paid will not teach the scammers the lesson they need to learn.

Nicola7899

Thank you so much for your advice. I will certainly take this up. The carpark is right in the middle of a small shopping complex with approximately 5 retailers, so I think I might have to contact them all? One of them is Sainsburys, so I'm wondering whether they take the lead on the carpark. I will certainly contact them this week - thanks again for your advice

give_them_FA

If it belongs to Sainsbury's, they will not enjoy the idea of being dragged into the local County Court because of the ignorance of their car park cowboys. Your local paper will also doubtless be interested. For goodness sake, Nicola, make them pay for this affront. We are here to help you do that.

The easy way would be to ask the manager at sainsbury's whether the car park belongs to them. If not they should be able to tell you who it does belong to.

Who is your M.P.?

taffy056

Nicola can I just say that Coupon is 100% correct on this, please contact the retailer in question, and I need I say to send a letter to Excel to to inform them that you require a refund as stated by Coupon, tell them that you intend to sue them and the retailer for serious breaches of the equality act. Their reply should also be used in court as no doubt they will refuse to refund you.

taffy056

There is a whole list of retailers on here with the email addresses of the main people who head up the companies, you should name them all in any action you take, a £1000 seems to be about right, I would go for higher myself.

https://forums.moneysavingexpert.com/discussion/3774243

Nicola7899

Thank you very much, I will contact them all. Do you think they could say that I'm admitting fault by paying the fine?

give_them_FA

Yes, Taffy has a point, send correspondence recorded in case Excel take it into their heads to ignore you! Only in your case, it isn't empty threats...

You could enclose a separate letter headed "WITHOUT PREJUDICE" stating that you will accept £1,000 in damages if paid without necessity of Court action, but in the absence of any settlement you will sue for a larger sum. You should claim aggravated and exemplary damages. However if you do go to Court you should limit the amount claimed to a figure below £5,000 to stay in the jurisdiction of Small Claims procedure so there will be no risk of your paying their costs no matter what.

And it's NOT A FINE, Nicola. They sent you an invoice which was unlawful in the circumstances and which you paid under protest (hence your appeal) and under duress (they made unwarranted threats as to what they would do if you failed to pay).

And you cannot "admit fault" if you did something which was not wrong either in civil or criminal law.

Coupon-mad

Nicola7899 wrote: »

Thank you very much, I will contact them all. Do you think they could say that I'm admitting fault by paying the fine?

No, stop thinking like that.

It was never a fine (you should never have paid it in fact). Say you paid it because they worded their letters in an intimidating way which made you believe they had authority to issue fines - which you have since discovered they certainly do not.

And you were not at fault.

With hindsight I do agree with the other posters who say you should actually be demanding compensation right from the word go, on top of the refund. Think of an amount that you consider acceptable - if £1,000 seems high then state a figure of a few hundred.

Be very clear with your complaint; I worded my last reply to you with info that you can use. Terms like 'reasonable adjustment' are important to include as well as the fact that the Blue Badge scheme simply does not apply. And the Acts that I quoted, it's all important to stay focussed with these facts.

Do NOT try to explain why you don't use a Blue Badge; do NOT word it as an appeal; do NOT apologise. You could even draw Sainsbury's attention to their own stupid flyer they used to have in stores! It read 'Disabled Bays: fine if you qualify, £50 fine if you don't!'. I think they've withdrawn the flyer now as they can't actually FINE anyone. People complained about the misleading leaflet, including me. But the point is simple. YOU QUALIFIED.

Copy in Excel, just a cc copy of the main letter which I would send to Sainsburys Head Office addressed to the CEO by name.

Were you shopping/browsing in those shops? If so you case is very strong indeed.