Forgot to display badge in disabled bay

sheavesy

I parked for a very short time (15 mins ) and was ticketed by UKCPS. I was in a small shopping area with several shops and restaurants. I am disabled but must have forgotten to put my badge up. I say that as I didn't find the ticket until the next day so can't say for sure. It was was quite small and had been stuck over the tax disc so was not visible from inside the car. I immediately wrote to UKCPS and attached copied os both sides of my badge and apologised for my oversight. They have now replied to say 'tough'.
heir letter says that the badge must be displayed and as it wasn't the fine is £100. Would have been reduced to £60 if paid within 14days. As it was issued on 2nd May and their letter to me is 17th full amount is due. They say they sympathise but the charge will stand.
How do I stand as I have admitted there was no badge displayed?

Stephen_Leak

The Blue Badge scheme doesn’t apply to private car parks. Anyone, who is disabled under the terms of The Equality Act 2010 can use a disabled parking bay. If they’re also Blue Badge holders, they don't need to display it.

But, the contract terms & conditions for the car park usually state that you shouldn't park in a disabled bay without displaying a badge. This contravenes The Equality Act.

In any event, all the car park owner can claim from the driver in damages for any breach of contract is what they’ve lost as a result. If this is a free car park or they paid, this is £0.00. Asking you for more has been judged to be unreasonable and therefore an unfair contract penalty, and not legally enforceable. (Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914 and countless cases since.)

Under various legislation, only councils, the police, train operators and Transport for London can impose legally enforceable fines or penalties. Private parking companies can't.

What will they do to me?

The PPC, then a debt collector and then a solicitor will send you a series of letters,. The debt collector and solicitor are usually also the PPC, but using different headed paper. These will threaten you with all sorts of financial and legal unpleasantness, to intimidate you into paying.

But, they can't actually do anything, for the same reason that a blackmailer couldn't sue their victim if they didn’t pay.

What should I do then?

Continue to ignore everything you get from the PPC and their aliases. Yes, it does seem counter-intuitive to deal with something by ignoring it. Eventually, they will run out of empty threats to intimidate you with, and stop throwing good money after bad.

In fact, they have already left themselves wide open to being sued by you (along with the car park owner, who are legally "jointly and severally liable" for the actions of their agents, the PPC) for harassment under the terms of The Equality Act 2010, and any further letters would do the same under the terms of The Protection from Harassment Act 1997.

PS. I'll bet that the terms & conditions for the car park state that you shouldn't park in a disabled bay without displaying a badge. If so, this also contravenes The Equality Act.

ManxRed

They are in breach of the Equality Act, and very probably the Protection from Harassment Act as well.

The truth - as opposed to the lies they have just told you - is that the blue badge scheme does not apply to disabled bays on private land. To use a disabled bay on private land you merely need to be in a position where you would need closer parking - as a registered disabled person, this includes you, but there is no requirement to display your blue badge.

The fact that you have now written to them to show your blue badge means that they MUST now back off. The fact that they haven't leaves them wide open for you to cause trouble if you so desire.

Perhaps a suitably worded letter - we could help you with this - to them, and the owners of the car park, might focus their minds a little.

Whatever happens, you legally owe them NOTHING.

trisontana

A word of warning. As this is UKCPS, be very wary of any private messages you might receive. The "office manager" of that company has been known to try this tactic in an effort to glean information from unsuspecting motorists.

taffy056

Can I add that UKCPS have been known to take people to the small claims, they lose 99% of the time, and they take probably 1 in 10,000 there. If anyone sends you message on here who hasn't got a few hundred posts minimum to their name, it's probably Peter Haswell their office manager/lackey trying to get info from you. Please ignore him like his invoices.

Half_way

Yiou need to remind UKCPS of the Equality Act, and also copy the shopping centre management/whoever allowed this company (UKCPS) to opperate on thier land, as the landowners/centre management are also jointly libale for any action that you may want to take against them for this breach of the Equalities Act.

If you go after the landowners/estate management company then there is a chance that they may prevent the car parking company from opperating on thier land ( as they should) and trapping other people.

While people shouldnt park in places they are not entitlted to, if you have a genuine reason to use a disabled place, and you have informed the landowners/mangement company and the parking company that you are dsiabled, you should have received a full apology from both the parking company and the shopping centre management who allow the parking company to opperate.##

As for court, go for UKCPS and take them, and the shooping centre management to court - this is obviously a clear breach of the laws (Equality act) that are in place to protect disabled people, and you should acept nothhing other than a full apology for their actions.

pogofish

sheavesy wrote: »

I parked for a very short time (15 mins ) and was ticketed by UKCPS. I was in a small shopping area with several shops and restaurants. I am disabled but must have forgotten to put my badge up. I say that as I didn't find the ticket until the next day so can't say for sure. It was was quite small and had been stuck over the tax disc so was not visible from inside the car. I immediately wrote to UKCPS and attached copied os both sides of my badge and apologised for my oversight. They have now replied to say 'tough'.
heir letter says that the badge must be displayed and as it wasn't the fine is £100. Would have been reduced to £60 if paid within 14days. As it was issued on 2nd May and their letter to me is 17th full amount is due. They say they sympathise but the charge will stand.
How do I stand as I have admitted there was no badge displayed?

As well as seconding all the good advice posted above. i suggest you go and re-read the booklet that came with your badge or look-up the copy on the issuing authority website - It makes it very clear in two places that the Blue Badge Scheme does not apply on private property.

This particular scam would become a lot more difficult if disabled people stood-up for themselves against this flagrant misrepresentation and abuse of the scheme! :mad: (not at you!)

andrew-the-cat

Blue badges do not matter in private car parks. If you (or one of your passengers) has a genuine disability then you can park in the disabled bay regardless of whether you have a blue badge.

You should make the PPC aware of this - and that if they take you to court you could shove the Equality act in their face and the judge would tear them apart.

[Deleted User]

The same has happened to me and my mum at Tesco's car park. Got a fine in the post from Civil Enforcement Ltd. I also wrote an appeal with proof of disability which was rejected.

It is waste of time as they do not have any kind of fair appeals system. When I have forgot the blue badge in a council run parking area they have always, so far, canceled the ticket on proof.

I am onto my Final demand before action letter. Just ignore them as the advise here. They would lose in court and you could probably sue them or the landowner / store.

fil_cad

IGNORE All PPCs there just scumbags hopeing your a thick git who is going to help fill there grubby big fat bank account up to the hilt. they will go away and try some other gullable sausage.

give_them_FA

This PPC is already aware of the Equality Act.

Original poster (Sheavesy) unless you are sent an apology and a confirmation that the matter has been dropped, I will guide you through the process of suing them for damages. It will be VERY easy because they know that what they are doing is against the law.

And yes, if you get any private messages from anyone who has not been thanked many times then report it on here. Not that you will, now that you've been warned.