Private Parking notice

frifty1

I am so glad I have found this forum, the same thing happened to me on 31/10/2012 with said company. Only difference being I am also disabled and I placed the badge in view, but when I got back to the vehicle it had fallen in the drivers footwell. I rang the company straight away to explain, bearing in mind I was only away from my car for 7 minutes, and they said to ring back a few days later as they will not have recieved the photographic evidence and paper work till then.
Anyway after following advice on this site I wrote to appeal explaining the above, enclosing copies of my mother and my disabled badge.
4 days ago I recieved a reply stating that my appeal as been rejected as it was my responsibility, as I contractually agreed to display my disabled badge! After the initial, shock anger and then quite frankly a little emotional, I decided to see if I could find someone who has been in the situation, and here I am, feeling a little more optimistic and a lot less stressed emotionally.
Your results have bought me hope, so I am now at the stage where I shall be replying with all the information provided by everybody and hope that the outcome is as favourable as yours.

They have not as yet sent me the POPLA details as they have stated in the letter they would do, do I wait for those details or should I e-mail them a.s.a.p.

trisontana

It just shows how heartless these companies are(especially UKCPS) And yet the BPA still thinks that their members are honourable, when in reality most people hold them in contempt.

ManxRed

Who's car park was it?

I'd be tempted to ignore UKCPS and write a Letter Before Action to the owners of the car park stating:

1. You are being pursued for money by their agent UKCPS in respect of failing to display a Blue Badge in their car park
2. You are aware that the Blue Badge scheme does not apply on private land and therefore there is no requirement to display it in their car park
3. You have proven to UKCPS that you (and your mother) are disabled and are blue badge holders, and they have chosen to continue to harrass you.
4. You are serving notice to the car park owner that if you receive any more letters from their agent UKCPS that you will take action against both companies (the car park owner and UKCPS) in line with the Protection From Harrassment Act 1997.
5. You require them to confirm in writing that no more letters will be received from their agent UKCPS, or any employees, agents, or subcontractors, or anyone else acting on their behalf.

frifty1

Hi thank you for your swift reply, not sure who actually owns the car park, will have to check this today. It is a retail park in Derby Derbyshire. I shall do exactly as you've advised and let you know how I get on.

Thank you again

ManxRed

Add the Equality Act to the Protection From Harassment Act when you write.

The_Slithy_Tove

frifty1 wrote: »

They have not as yet sent me the POPLA details as they have stated in the letter they would do, do I wait for those details or should I e-mail them a.s.a.p.

There is a time period in which I believe they are meant to provide you with the code. No code is meant to imply that they accept your appeal. The case of an appeal rejection but no code is somewhat ambiguous. There seems to be a growing body of evidence that the PPCs are delaying or neglecting altogether to give these code, as they don't want the expense of going to POPLA.

It is worthy of a complaint to the BPA and the DVLA. With luck, enough complaints around refusal to stick to the process will get them banned from access to the DVLA database.

caryl2506

If you Google the retail park you should find an email address for them. I contacted them and they then sent me the email address of the people to contact. Attach a copy of the blue badges. I've copied my email below that I sent to UKCPS and then the owners of the retail park.

The below email was sent to UKCPS on 28/10/12.
[FONT=Comic Sans MS, sans-serif] [/FONT] [FONT=Comic Sans MS, sans-serif]While shopping in xxxxxxxxxxxxxxxx Retail Park on Sunday 21/10/12 with my mother I recieved a Parking Charge notice issue number xxxxxx for not diplaying my mother's Blue Badge whilst in a disabled bay. [/FONT]
[FONT=Comic Sans MS, sans-serif]My mother walks with the aid of a walking stick due to arthritis and has difficulty getting out of the car without opening it fully. She also has severe dementia and has no understanding of traffic and therefore meets the 'definition of disability' under the Equality Act 2010. [/FONT]
[FONT=Comic Sans MS, sans-serif]I informed your employee on site about the disability and showed him the Blue Badge so he was fully aware that we were legally allowed to use the bay. [/FONT]
[FONT=Comic Sans MS, sans-serif]I therefore request that this Parking Charge Notice be cancelled and have attached a photo of both sides of my mother's Blue Badge.[/FONT]

UKCPS are continuing to pursue the Parking Charge so the below email was sent today 31/10/12






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 me (carer) or my mother (Blue Badge holder) is a disability law breach. I showed the Blue badge to your employer and he saw my mother in the car.
To now 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.

I may file without further notice 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 ( name the owners of the retail park) as well as UKCPS if the charge is not withdrawn - and I would expect a written apology for this discrimination now. I 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.

[FONT=Comic Sans MS, sans-serif]

[FONT=Comic Sans MS, sans-serif]If your final decision is a rejection of my appeal then I would like to be sent the POPLA code so that I can take this matter further.[/FONT]



As a most frequent visitor to the retail park I look forward to hearing from you.


Hope this helps . I haven't as yet had a reply from UKCPS but I'm not expecting to hear from them either.




[/FONT]

trisontana

You are appealing to their better nature. Unfortunately UKCPS and Peter Haswell don't have any.

Oli.s

caryl2506 wrote: »

If you Google the retail park you should find an email address for them. I contacted them and they then sent me the email address of the people to contact. Attach a copy of the blue badges. I've copied my email below that I sent to UKCPS and then the owners of the retail park.

The below email was sent to UKCPS on 28/10/12.
[FONT=Comic Sans MS, sans-serif] [/FONT] [FONT=Comic Sans MS, sans-serif]While shopping in xxxxxxxxxxxxxxxx Retail Park on Sunday 21/10/12 with my mother I recieved a Parking Charge notice issue number xxxxxx for not diplaying my mother's Blue Badge whilst in a disabled bay. [/FONT]
[FONT=Comic Sans MS, sans-serif]My mother walks with the aid of a walking stick due to arthritis and has difficulty getting out of the car without opening it fully. She also has severe dementia and has no understanding of traffic and therefore meets the 'definition of disability' under the Equality Act 2010. [/FONT]
[FONT=Comic Sans MS, sans-serif]I informed your employee on site about the disability and showed him the Blue Badge so he was fully aware that we were legally allowed to use the bay. [/FONT]
[FONT=Comic Sans MS, sans-serif]I therefore request that this Parking Charge Notice be cancelled and have attached a photo of both sides of my mother's Blue Badge.[/FONT]

UKCPS are continuing to pursue the Parking Charge so the below email was sent today 31/10/12






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 me (carer) or my mother (Blue Badge holder) is a disability law breach. I showed the Blue badge to your employer and he saw my mother in the car.
To now 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.

I may file without further notice 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 ( name the owners of the retail park) as well as UKCPS if the charge is not withdrawn - and I would expect a written apology for this discrimination now. I 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.

[FONT=Comic Sans MS, sans-serif]

[FONT=Comic Sans MS, sans-serif]If your final decision is a rejection of my appeal then I would like to be sent the POPLA code so that I can take this matter further.[/FONT]



As a most frequent visitor to the retail park I look forward to hearing from you.


Hope this helps . I haven't as yet had a reply from UKCPS but I'm not expecting to hear from them either.




[/FONT]

Have you got back in touch with the retail park owners to tell them that despite their assurance the matter would be dropped, you are still being pursued by their agent?

Might even be worth suggesting that the parking company has deified them, the more ill feeling between land owners and the fake parking police people can create the better!

taffy056

They are in breach though, they have been made aware a number of times that the person is disabled, and has a right to park there, once being made aware and by ignoring the proof of this ukcps leaves themselves open to be sued. I would have gone for £500 compensation myself if its not dropped.