Unsure whether to challenge a parking fine?

Stephen_Leak

I wouldn't recommend using PPC threatening letters for small pet bedding. Too much acid.

taffy056

If you get worried come back, or sit down for half an hour and see the rest of the series of videos

https://forums.moneysavingexpert.com/discussion/3164256

Another_Username_4

Thanks taffy056. A useful resource - I have bookmarked it.

John & Jane

Another_Username_4

Just to re-iterate the "legal stuff" posted by Stephen Leak:

The Blue Badge scheme doesn’t apply to private car parks. Anyone, who’s 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.

Interesting!

pogofish

Yup - And this is clearly stated in two places in the supporting docs from every UK badge issuing authority. End both the EHRC and their Scottish qquivalent have confirmed this as being the case.

Stephen_Leak

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

Coupon-mad

Stephen_Leak wrote: »

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

I agree, IMHO it's a breach as it discriminates against other protected disabled people who may also have the need to use the adjustment of a bay nearest the store.

It would be like having a notice beside the wheelchairs instore saying they can only be used by people with something specific wrong with their legs...when of course, someone with a respiratory or coronary condition would be a classic and obvious case to use one (among other disabilities).

Thing is, PPCs get away with it at the moment because the Equality Act is fairly new legislation, no-one has legally challanged it yet and most people just buy into the idea that 'it's the same as the rules on street'. Which it isn't, it's the same as the LAW for any service provider or employer when dealing with any reasonable adjustment for any disability issue.

Forget that it's about parking, that's the bit that confuses the issue, it's about a provision. It's about addressing and providing for individual need just like the instore wheelchair scenario.

Nozone

Another_Username wrote: »

Wow - so many replies so soon! Thanks VERY much for your help on this.

So a complete ignoring of the parking notice! That's obviously the easy way out. Thanks for all the information. I understand that by challenging the notice I am admitting liability, so I will leave it and see what happens. Of course I worry that it will lead to a bigger fine and payment of court costs, etc., but if the system really is that flaky I will just ignore it and plead poverty if it ever did go to court (which I assume it won't from what you have all said).

It's true about the badge falling off the dashboard shelf. We have a Megane. If you have seen one of these you will understand what we mean. It is near impossible to put anything on it. I should have been more careful.

We are so grateful for your help on this matter.

John & Jane.

Hello John & Jane,

Just to reiterate pretty much everything that has been said so far;

Ignore, ignore, ignore! I recently went through the whole 'Parking Charge Notice' fiasco with Total Parking Solutions and Roxburghe.

Needless to say it amounted to absolutely nothing!

I won't tread over ground that other posts have covered, but I will say try to take a step back and look at the situation objectively (for your own peace of mind, if the previous posts haven't already sorted that for you);

IT'S RIDICULOUS! Not you, but what these morons (Private Parking Companies) try to do. I'm now at the stage where I just find them funny, not threatening in the slightest.

If this ever went to court (I think my bald patch would grow back before this ever happens) it would just get laughed out. In fact it would get laughed out before it even got to court.

Anyway, just in case I've prepared your defence;

"The cow jumped over the moon and landed on our car, knocking the blue badge off the dashboard" or "The pigs were flying low that day and the draft they caused must have blown the blue badge off".

Sounds absurd? I think most of the members of this forum will agree that the statements above are just as legally solid in this matter as anything the PPC could ever come up with!

Another_Username_4

I understand exactly what you are saying Nozone and I thank you for reiterating the bullet points. I was going to ask another question but you have clarified things nicely.

I understand there need to be rules and rules need to be adhered to, but I will continue to display the blue badge and pay for parking where necessary. I won't just think "Ah, PPC, I won't bother getting a ticket" as that might be pushing things a bit far.

I cannot imagine how the business side of this works - a PPC charging for parking when they don't even own the car park? That sounds completely wrong.

It's the second time this has happened (and we paid the first 'fine' as it was the local council. I know it's a tall story but you'll just have to trust me on this one.

Please me if you agree though, IF (very big "IF" then) this did go to court, wouldn't our Get Out Of Jail card be the incomplete location of the parking as stated on the ticket? "p/hospital" doesn't really tell me that it was the "Pilgrim Hospital". Perhaps that would be sufficient for this to get thrown out of court. The parking attendant must have been in such a hurry that he/she didn't have time to write out the name of the hospital in full. Perhaps if the attendant had been really busy they could have simply written "p/h". That and "p/hospital" tells me nothing!

Coupon-mad

It won't go to Court - but the vague location seems a weak point when you know where the car was parked. Less than FIFTY cases went to small claims last year, meaning there's less than a one in TEN THOUSAND chance of a fake PCN going to Small Claims. And then the chances of them winning are pretty much zero.

But if ever a PPC who does not own the car park (99.9% of cases I think!) tries Court then one of the main defence points now is VCS -v- HMRC as it's a binding decision from a Higher Court which basically says a PPC can't form a contract with a motorist nor sue for trespass.

That was from May this year - and that's almost all PPCs scuppered then! :rotfl: