Disability Parking, Cheshire Oaks

Jonnymac

Hi Everyone,

15 Days ago I parked at Cheshire Oaks Retail Park near Chester at around 5.30pm. As I have a 'Blue badge', I parked in a disabled bay, but unfortunately I was distracted as I got out of the car, and failed to display it on my dashboard.

When I returned to my car about an hour later, I (quite rightly I suppose...) had a ticket from Care Parking, for 'parking in a disabled bay without clearly displaying a ticket', with a charge of £90 to pay within 28 days, reduced to £65 if paid within 14 days

I wasn't too upset by this, as I'm afraid something similar had happened elsewhere before(!), but on sending a letter of explanation and a copy of my badge, the previous fine had been overturned. I thought that here too I might throw myself at Care Parking's mercy, and send them an apologetic letter and a copy of my badge, and explain that it was simply an oversight on my behalf after a long day.

However, when I actually checked the ticket, my registration details on it were wrong: instead of say 'AD55 xxx', they had put 'AO55 xxx', although the vehicle make and colour were correct. I read around a little, and got the impression they wouldn't be able to trace me, but now I'm afraid I'm getting cold feet! I have since had a few sleepless hours over this because I am an IFA who needs to keep a scrupulously clean credit record, and a CCJ could effectively end my carreer. Everything I read suggests that I should just ignore this, but I'm really not used to 'breaking the law' - even arbitrary ones by private companies!

So my quandary is, do I: a) Write and explain myself and hope that they grant me an appeal b) Do nothing and hope they can't find me c) Do nothing and wait for a barrage of threats & paperwork when they do find me adding to my stress or d) Just pay up, as I was technically at fault in the first place.

Any advice or opinions on what I should do before the 28 day period is up would be greatly appreciated.

Thanking you all for your time in advance,

Jonnymac

benham3160

Despite how tempting it is to explain yourself, DO NOT contact them under ANY circumstances.

Just ignore the deluge of tree remains that are about to fall through your front door.

DO NOT contact the company, despite what 'Disabled Drivers' associations may tell you.

They don't have an appeals process, they don't care. There is NO feasible way they can affect your credit rating, see other posts, but you've got more chance of winning the Euromillions than getting a CCJ from a parking company.

Essentially you'd have to be taken to court (which they can't do since Monday gone), you'd have to submit no defence, a judge would have to find in their favour, you'd have to have an order to pay costs, you'd have to ignore this, then it'd have to go back to court, the court would then issue a CCJ.

If a CCJ "was" issued, even if you paid it off within 28 days it would be void anyway.

But none of that can actually happen.

Regards,
Andy

withabix

Don't contact them.

Don't pay it.

Throw all of their invoices, letters and threats straight in the bin.

A 'disabled bay' in a private car park has absolutely no legal meaning whatsoever.

Ich_2

If they have written the reg No incorrectly they won't be able to contact the O/P. Of course if a vehicle exists with the number printed on the ticket that driver is going to get a surprise and be a bit annoyed!

So I don't see how they will ever find the o/p, my advice - forget it

ManxRed

You haven't broken any law!

Disabled Bays on private land are not governed by the Blue Badge scheme, so you do not need to display a badge. Their ticket stating that you have committed some kind of 'offence' (you most certainly haven't) by 'not displaying' is a downright lie, and very misleading indeed.

You can do two things here:

1. Ignore everything. Even if they somehow find out the correct reg number and send you threats, they are hollow and simply designed to scare you into paying - legally you owe them diddly squat. Note that they cannot get a CCJ against you without taking you to court, them winning, and then you still refuse to pay up. Frankly, I have more chance of winning the lottery this weekend.

2. You write to them, enclose a copy of your badge. Point out to them that legally there is no requirement to 'display' a blue badge in disabled bays on private land, and that as per the Equality Act, you were qualified to use that bay, regardless of ownership of a blue badge or not. You tell them in no uncertain terms that you consider this to be an end to the matter, and that any correspondence from them, other than to confirm that their 'ticket' has been cancelled, will be considered harassment and that you may consider taking legal action against them under the Equality Act, and the Protection from Harassment Act.

Then sit back, wait for the letters, and decide if you want to sue them or not (people on here will be more than willing to help you complete a simple MCOL form for a harassment claim).

Also worth knowing. The redress for parking 'incorrectly' on private land is limited to actual damages only, which I suspect in this case, were zero. Also, only the landowner or a party with sufficient interest in the land can actually sue you, which means the private parking company cannot.

You are 100% safe with this.

Do not pay them a penny, you legally owe them zero for a whole host of reasons listed above.

Coupon-mad

Echoing what everyone else said - don't you dare pay this!! :eek:

Private companies cannot fine people even if the person did 'break their made up rules'. But in your case the private company has no grounds for this fake PCN whatsoever as they are trying to impose a requirement for a random 'badge' in the disabled bay that isn't supported by disability law.

Their fake PCN is as bad as saying that people could only park there if they have a blue wheelchair!

Check your Blue Badge t&cs/handbook/info website. Were you unaware that on private land you do NOT need a Blue Badge as they don't apply - despite what the signs might say in the car park? These companies lie, there is NO Blue Badge scheme for private car parks but they pretend there is and no-one stops them. You see these signs everywhere but they are wrong, the truth is simply that, morally and under disability provision, any qualifying longterm DISABLED people can use the bays if they need to, not 'BLUE BADGE holders only'.

Because anyone who has the need to use the disabled bay because of a longterm disabling condition, can legally use it, this would include (for example) someone recently diagnosed with cancer, someone with ME perhaps, someone with a serious chronic anxiety disorder who needs to be near the store...etc.

They would not have a Blue Badge but they are allowed to use those bays. The law says so. You too are allowed there, no badge required.

In your case, the PPC would be discriminating against you and harassing you (illegal) if they followed this up with threatening letters, so if they had got the car reg right they would be breaking the law (Equality Act 2010) not you!

To summarise the advice here - please 'grow a pair!!' :rotfl:

I am just an ordinary law abiding Mum with a mortgage, a clean credit record and a job that requires an enhanced CRB check (as does my husband's job). I laughed when I got one of these fake PCNs 4 years ago and was very pleased to waste their postage when I got the usual debt collector letters.

I would happily collect more. What on earth makes you think a private company can affect your credit record without a credit agreement (you'll know about those as I used to work in finance like you and issued credit agreements myself). Without that they would need to achieve the small matter of winning in Court by convincing a judge that you owe them money for daring to use a bay you are legally allowed to use. They can't and they won't affect your credit rating and they can't and they won't send the boys round, even if they had the right car reg number.

NOTHING HAPPENS EXCEPT LETTERS AND IN YOUR CASE YOU ARE NOT EVEN GOING TO GET THOSE. THIS IS SOOOOO EASY FOR YOU TO IGNORE!

give_them_FA

They may well have photographed the car, so could easily correct the mistake. Sometimes they put something wrong on the ticket to try to get you to contact them- it saves them the money they have to pay DVLA for your details.

Whatever, do not contact them. Worst thing you can do. You have done zero wrong. You are registered disabled and you parked in a disabled bay. Nothing wrong with that, you are not Alice and this is not Wonderland.

For several reasons, including sound legal ones, they could never take you to court even were they inclined to.

The most compelling of which, is that if they don't know who was driving, they wouldn't know who to take to court.

So- ignore 100%. For every reason. Stay in touch, but with us- not them!

bondy_lad

its a scam, its not a real ticket, only a PENALTY charge is real/legit/genuine,, you have a PARKING charge notice=scam/con/fiddle/not legit/not genuine,, it equates to loo paper,, dont think these clowns are bothered about the word disabled they are not, your appeal has been refused just like 100% of appeals to private parking companies,, nothing can/will be done to you, so forget it and ignore absolutely everything sent to you on or on behalf of these clowns,, they are all part of the scam, so keep your money and come back here as often as you like for the best advice around,,also if anyone pms you, carefull, as a few jerks from these firms sometimes come on here posing as one of us and will mis lead you.relax no crime committed or offence committed other than these scum trying to scam you.

Jonnymac

Hi Everyone,

Wow - I didn't expect so much advice so quickly, so a heartfelt thanks to you all...

Based upon this, I have decided to 'Grow a Pair' (Thanks Coupon-Mad...), ignore the ticket and see how things play out. If anything 'interesting' crops up from this that might be useful to the community, I'll be sure to share it with you.

Once again, thank you all for helping me make my mind up on this one.

Jonnymac

AlexisV

This bunch are an offshoot of Central Ticketing I believe. Have never ever done court. Some phoenixing went on as Central collected a few CCJs through not defending claims against them.

give_them_FA

So, Jonnymac; you are an IFA and you didn't know NEVER to invest in a Car Park Scammer? Well, at least we have added to your knowledge base....:rotfl::rotfl::rotfl: