Private Parking notice

Coupon-mad

taffy056 wrote: »

So Peter Haswell who will be reading this, this poster is being advised by us, if you refuse her it will cost you £32.40 to go to popla, and no matter what happens there it's binding on your company but not her. You know you are not making reasonable adjustments for a disabled person, you will be breaking the equalities act if you refuse the email sent. If this did go to the small claims she would get a defence from Alexi and others, you will lose its that simple.

Yep c'mon Haswell, let's see if you do understand that the Equality Act 2010 trumps your pathetic signs about a blue badge scheme that's irrelevant.

The OP has been very open here and has given you all the info you need (more than she should show). You should cancel this fake PCN right now.

To caryl2506, BEWARE of private messages offering to 'help' you with this or to take it off forum. If you get a pm, post it here on the thread so we can see.

trisontana

On the subject of DMUK I have just found this on their website:-

It’s over a year since five Disabled Motoring UK members successfully took on Norwich City Council over their discriminatory parking charges. Using the Equality Act 2010 they were able to show that because disabled people tended to take longer to do their shopping etc charging the same as non-disabled people was in fact discrimination and not equality as the council had misguidedly thought. This case was settled before it went to court, so other local authorities have not always heard about our success and so do not consider the Equality Act when implementing new charging structures

So M. Dolphin, are you going to take the same line with PPC's ? Especially those that just use so-called ANPR systems with no attendant on the ground. This method has no way are determining if an "over stayer" is disabled or not, and needs that extra time to do their shopping.

caryl2506

Just had a reply from UKCPS and they have turned down my appeal on the grounds that by parking there I 'contractually agreed to display a valid disabled badge or pay a parking charge'. They then say I can appeal to POPLA and state 'details of which will be sent at the appropriate time ' When will that be? How am I doing so far ?

Coupon-mad

caryl2506 wrote: »

Just had a reply from UKCPS and they have turned down my appeal on the grounds that by parking there I 'contractually agreed to display a valid disabled badge or pay a parking charge'. They then say I can appeal to POPLA and state 'details of which will be sent at the appropriate time ' When will that be? How am I doing so far ?

You are doing absolutely fine! Interesting that they have not made POPLA available to you. I would wait and see, I think they should have made POPLA available to you now that they have rejected your appeal. Wonder if they haven't got the paperwork or codes sorted out yet...I expect they will write again shortly.

I suspect Haswell is aware of this thread so it's your move UKCPS, this lady has done the right thing but will you?

caryl2506

They do mention if I have 'any additional information which you believe supports your appeal please provide this within seven days' Do I reply to this and more information can I give them?
Thanks for your quick reply

taffy056

Well it's up to you now, you can ignore them completely, or take it to popla where you can state your case, then await their decision. That will be binding on the ukcps but not you. What you can do then if you wish is to sue ukcps for breaching the equalities act. Peter Haswell ukcps manager knows who you are I suspect he will try the small claims no matter what you do to be honest.

taffy056

caryl2506 wrote: »

They do mention if I have 'any additional information which you believe supports your appeal please provide this within seven days' Do I reply to this and more information can I give them?
Thanks for your quick reply

Send them an email requesting the popla code, they must give it to you as you have probably exhausted their so called appeals process. Expect Peter Haswell to use this thread printed out to use in popla or the small claims, he's very predictable next he'll be here with a fake account saying that they are in the right

Coupon-mad

caryl2506 wrote: »

They do mention if I have 'any additional information which you believe supports your appeal please provide this within seven days' Do I reply to this and more information can I give them?
Thanks for your quick reply

I would reply and specifically ask UKCPS for the POPLA appeal code if their final decision is a rejection of your appeal - but warn them that the matter is serious and to take notice of the information in this email. No 'please' or 'thankyou for your reply' or niceties like calling the employee on site a 'gentleman'.

And...copy in the landowner of Glamorgan Vale Retail Park, looks like it may be Orchard Street Investment Management LLP and, as you found, the agents seem to be Edgerley Simpson Howe as per this link. Do it by email, highlight the bit in italics below and copy in both 'Dan' and 'Adam' whose email addresses are on page 5 of that PDF link.

Say that the Equality Act 2010 allows someone who meets the definition of disability to use a disabled bay and if a company 'knew or should have known' about the disability (as UKCPS did on the same day) then any harassment of you (carer) or your mother (Blue Badge holder) is a disability law breach.

Add that to pursue a 'charge' over whether a Badge was displayed or not, by a person who meets the specific legal definition of disability and made that fact known, is harassment within the terms of the Equality Act. As UKCPS are well aware, the Blue Badge scheme does not even apply on private land and whilst you can understand that private parking firms may 'prefer' to see a Badge to make it easier to decide who may be able to use the 'reasonable adjustment' of a disabled bay, it cannot be used to circumvent the law. And in your case the UKCPS employee was indeed shown the Badge and was aware of your mother's disability need; the ticket should have been torn up there and then. There should have been no need for you to 'appeal' let alone receive a rejection which shows a total disregard for UK disability law.

Say that without further notice, you may file a Small Claim naming the landowner, the managing agent and UKCPS, who will all be jointly and severally liable for £200 damages plus Court fees (or such sum as the judge deems to be due). This will be pursued against Orchard Street Investment Management LLP and Edgerley Simpson Howe as well as UKCPS if the charge is not withdrawn - and you would expect a written apology for this discrimination now. You expect a reply from UKCPS Management within 7 days to confirm the matter has been dropped and an assurance that there will be no repeat of this sort of aggressive ticketing of known disabled visitors.

So that Dan and Adam at the retail managing agents know exactly what the email is about, clearly head up the subject line:

'Disability Discrimination by parking agents at Glamorgan Vale Retail Park - this email acts as a Notice Before Action to all recipients'.





P.S. remember not to reply to any private message on this forum about this matter. And I don't expect you will need POPLA or a Small Claim so don't panic...

taffy056

Great post there Coupon

esmerobbo

Seconded great post C-M.

I can vouch for the fact UKCPS don't like it when you involve the landlords and the owners in any action.;)