Town & City Parking Advise

nicola00

l got a parking ticket last week from Town & City Parking for unauthorised parking in a disabled bay

Having read through some of the posts it would seem ignoring these type of penalties is the norm, but that is based if we think it is unfair

Now I did make a genuine mistake and I was going to write to them to explain but thought I'd check with you guys first

My disabled badge expired on 5th February I hadn't realised, I never received anything to renew or highlight the expiry, I don't use the badge that often but did think it had longer to run than Feb

Now I also had my aunt with me who does have a valid badge and it just so happens to be in the same pink leather wallet as mine.

I was in the wrong but the fine is a bit steep and if it has to be paid then so be it but would I have a chance explaining the mistake , or should I try the "displayed the wrong card in error" or should I ignore

The way my luck goes I am likely to be the one that would end up in court and lose so should I just hold my hands up and pay up??

give_them_FA

You won't end up in court, as TCP never do it.

Having said that, I'm wrong. You could end up in Court, but you could find it a profitable experience.

As you might have known- but as an allegedly professional car park management company CERTAINLY would know- the Blue Badge scheme has no validity whatever on private ground.

And, new legislation gives you right to use disabled facilities if you are disabled, regardless of whether you display a badge or, indeed, whether you have one at all.

So your "expired" badge was totally irrelevant. However, as you were also parking for the benefit of a current badge holder (again, regardless of whether it was displayed or not which is irrelevant) you are certainly entitled to use the space without being harassed or discriminated against by some ignorant jobsworth who hasn't been correctly trained (if they were trained at all).

So, in fact, and backed up by Statute Law, you did absolutely nothing wrong, and you don't owe them one single penny.

Which brings me to my next point. You are, in result of their unfair and unlawful treatment of yourself, in a position to sue them for damages.

Would you like to do that? As the advice as to how to proceed from here depends upon your intentions.

Stephen_Leak

For a start, the disabled badge scheme doesn't apply to private car parks. If you and/or your mother are disabled, you have every right to use a disabled bay and have as much need to display a badge as you do to ring a hand bell and shout, "Unclean". Don't ask me how a car park owner is supposed to prevent abuse by inconsiderate able bodied people.

Then, what you've received isn't a fine of penalty. Only local councils, the police and TfL can impose and issue legally enforceable fines or penalties. A private parking company (PPC) can no more do so than you or I.

So, ignore. You will be sent a series of ever more threatening letters, but these will not be worth the paper they're written on. Literally.

They can't take you to court, because what they are doing is unlawful. They can still threaten to do it, though.

nicola00

give_them_FA wrote: »

Which brings me to my next point. You are, in result of their unfair and unlawful treatment of yourself, in a position to sue them for damages.

Would you like to do that? As the advice as to how to proceed from here depends upon your intentions.

Well I'm sure they contributed to two restless nights, but do people really proceed in this way ?

Thank you both for your replies, I had immediately thought I would ignore it but began to get a bit anxious about it the past couple of days

give_them_FA

Nicola,

If more people proceeded in this way, and fought back against these bullies, instead of simply counting it a victory not to pay money that they never owed in the first place... these people have cynically conned you. Fortunately, you came here and have found out the truth. Most of their victims are not so lucky.

Yes, they wouldn't have a leg to stand on in court. You can get damages, because they will have no option other than to pay because it is they who break the law. If you want that route you will get help. That is what we are here for.

It's a fact that most tickets for parking in disabled bays are issued to disabled people. These companies cynically target them because they think they are more likely to cave in and pay up.

nicola00

Ah well unfortunately I think this time I'm going to be one of those people, I am just happy not to pay

I already have enough drama in my life without adding to it but by the sound of it there needs to be more people willing to take this step

Thanks again for your wisdom, very much appreciated

give_them_FA

Ok, Nicola, your simple answer is now to ignore each and every letter that will be sent to you, secure in the knowledge that they can not and will not do anything about this, although, being crooks, will make all sorts of outlandish threats, and get others to write trying to frighten you into paying. The amount they demand will keep rising to test your nerve.

But, when they have gone through their preset routine of template letters (you will find them posted on the forum at the top of the thread titles) and you have not responded, they will realise that you are not being fooled by their routine and they then give up and go away.

You can, at any point in this process, change your mind about suing them if you decide, that, hey, they are NOT going to talk to you like this when it was THEY who were in the wrong!

Otherwise, wait for them to disappear and go after someone more gullible.

What you could do for us is to make sure that the "someone more gullible" isn't one of your friends or relatives, by passing this info to everyone you know.

Please feel free to come back to us anytime you're unsure.

ManxRed

At the very least, I would collect all the letters you will be sent and then fire off a letter to the CEO of the organisation who owns the car park (I'm going to have a guess at Asda), pointing out the harassment and the unlawfulness of their threats (we would help you compose the letter) and try and convince them that what they are doing is a PR timebomb waiting to go off.

At the very least you might get some vouchers and an apology.

give_them_FA

Though for only marginally more effort you should collect up to £1,000. Better than a couple of vouchers anyday.

AlexisV

Ignore. They've never done court and are up in Perth anyway. It would be a trek.

treeboa

same boat, apparently the moron could not see my badge, a quick look at your tax disk if you get free road tax as i do, should have engaged the common sense gene, ignor them, you will get a few threatening letters, i am hoping they are foolish enough to take me to court, it will be another big gaff made and i would post the details on here, i love the fact they are racking up costs by haunting me, dvla payment, paper and printing costs, the cost to employ someone to send out this junk mail, just a shame many more are unaware of this scam and how to deal with it