ukpc no parent bay used disabled bay

rxbren

Just got a ticket from ukpc for £90 or £60 if paid within 14 days
This is what happened,
we went to riverside northampton to go to boots there are two parent and child bays both occupied and there was 20+ disabled bays. so as we have a 3 week old boy we decided to use the disabled bay for ease of access to car and incase someone parks close to us to allow us to get pushchair in the car and the childseat in the back seat (we have a three door car)
We were literally at the most 3 mins inside the shop i walk out side with the baby to settle him while she was paying our receipt says 18:34 so I was outside before that time
when I see a parking ticket saying issue time 18:32 and first seen 18:32 I didnt see this warden anywhere.
The parking bloke must have watched us take all our baby stuff out and walk into boots (right infront of the bay) and to top it off one of the cars in the parent and child bay was just two women and no babys or kids and the other car had kids old enough to get in out of the car on their own.
I know parking in the disables bay is not really the right thing to do but at that time of night and with the vast amount of disabled bays unused it seemed the logical choice
what are you views on this?
do I ring up and complain or try to appeal through letters/online appeal

Olympiam

Don't contact them, this just saves them paying the DVA for your details. Ignore everything they send you, if they even send you anything. Spend some time researching other threads on this site and you should be confident that ignoring them is the right path to take. Hope this helps.

Oh yes I almost forgot don't pay.

Stephen_Leak

Only councils, the police, some train operators and Transport for London can issue legally enforceable fines or penalties. A private ticketing company can't. What they issue are “speculative invoices”.

Any warning signs are usually so badly positioned and worded, that they won’t have created a fair and legally binding deemed contract with a driver entering the car park in the first place. See The Unfair Contract Terms Act 1997 and Excel Parking Services vs. Cutts, Stockport, 2011.

If we assume that there is a contract, all the car park owner can claim from a driver in damages for an alleged breach of a contract is what they’ve lost as a result. If it’s in a free car park or the driver paid, this is £0.00. Demanding more has been judged to be unreasonable and, therefore, an unfair contract penalty under the terms of The Unfair Contract Terms Act 1997. See Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914 and countless cases since.

There are also now landmark court cases, VCS Parking Control vs. Ronald Ibbotson, S!!!!horpe, 2012, HM Revenue & Customs vs. VCS Parking Control, Lower Tax Tribunal, 2012 and VCS Parking Control vs. HM Revenue & Customs (Appeal), Upper Tax Tribunal, 2012. In these cases, the judges ruled that only the car park owner can charge for parking and take alleged offenders to court. The Upper Tax Tribunal is equivalent to the High Court and, therefore, its judgements set legal precedents. No private ticketing company or car park owner has taken any alleged offender to court since.

The Blue Badge scheme doesn’t apply to private car parks. Blue Badge holders don't need to display it. Anyone, who’s disabled with a long-term condition under the terms of The Equality Act 2010 can use a disabled parking bay in a private car park. The Equality Act doesn't say that able-bodied drivers can't also use disabled parking bays. We do not condone inconsiderate parking and strongly recommend that able-bodied drivers don't use disabled parking bays, if there is any possibility that all of the disabled bays might be in use at any time during their stay. However, the terms & conditions for private car parks usually state that you shouldn't park in a disabled parking bay without displaying a Blue Badge. This, in itself, contravenes The Equality Act.

There’s no point appealling to the private ticketing company. They usually reject them. What’s in it for them to let anyone off?

The private ticketing company, then a debt collector and then a solicitor will send you a series of letters. The debt collector and solicitor are usually the same people, but using different headed paper. These letters will threaten you with every kind of financial and legal unpleasantness imaginable to try and intimidate you into paying.

Continue to ignore everything you get from them. Eventually, they’ll run out of empty threats and stop throwing good money after bad.

rxbren

thanks for the replys
also thanks for the detailed info you really know your stuff :beer:
i never park in disabled bays it was just the one time due to having the baby with us
Ill just ignore everything they say
Thanks for the advice/info
:T

fil_cad

Just ignore all the garbage the will send you its only fit for two things, 1, when shredded it makes a lovely warm bed for a pet rodent, 2, if the unthinkable happens and you suddenly run out of toilet paper reach for the pile of junk mail they have sent you it is a good substitute. :money:

mikey72

Just done this to death here.

https://forums.moneysavingexpert.com/discussion/4147055

As everyone says, they can't touch you.

Harriets_Mum

Oooo, I've recieved one for the same place, parked over the line slightly as a hedge was in the way of the car door and couldn't get baby out! Did you hear anything more?.

Thanks,

Coupon-mad

The poster won't have had a letter yet because these PPCs can only obtain DVLA data of the registered keeper, after 28 days has elapsed.

Like all the other posters on this board, you have a fake PCN. Ignore it.

When dealing with "tickets" from private parking companies (PPCs) our advice for tickets received up until the end of September is to ignore them as long as it's your car (not a company, hire or lease car). The registered keeper will just receive the usual threatograms and can play a nice game of snap with them.

Tick off the threatening letters here.

Watchdog clip with expert Solicitor's opinion here.

Barrister's opinion here.

Show your friends & family the links and make sure the registered keeper is ready to play their game of snap!

RENEGADE_2

All right, let's look at this.

Nobody suggests "go abuse the disabled bay". But in fairness to your situation, you clearly were in need of clearance and proximity so one can hardly reproach you for making your decision. I'd say the same thing if a disabled person driving alone with, say a bad hip, could only find a parent and child bay.

All you need to know is that no private parking ticket is valid, there will be no comebacks which carry official weight. The registered keeper will receive four or five remiders/threats from UKPC and its debt collector agencies but none of this makes your demand legal. They'd have to take the keeper to court, and without replying to them, they don't even know that the keeper was the driver. In addition, the "no blue badge" argument is irrelevant in the County Court. So you can only end up paying if your antagonist sues you, proves you drove, and satisfies the judge that the sum he demands constitutes actual losses. That's the law.