Disabled parking bay in private car park

Stroma

You don't write to the parking company as its pointless, you write to the retailer and demand that they get this cancelled, you head the letter/email as "Breach of Equality Act 2010 <car park name> " and tell them that unless they get their agents to cancel this ticket you'll sue them for said breach.

The blue badge scheme simply does not apply to private land, so there it's not relevant that its expired, you are entitled under the Equality Act to use these bays if you have a need.

Half_way

The parking company are acting as the agents of the retailer, and if you realy want o go for them you should go for the retailer.

If the toilets at your local store wre disgusting to the point that you complained you would complain to the supermarket, and not the contractor who that supermaket employees to do the cleaning.

Coupon-mad

Soozwah wrote: »

So given what guy's dad says should I be writing to tell them that my disabled mother was with me because I wouldn't be able to prove it, although I did speak to a warden (but not the one who ticketed me) to question why I had the ticket and it was he who pointed out the badge was out of date - with a smirk I might add!! AND just to complicate things a little more I have now discovered that the badge that she usually uses is in fact out of date. She only had 2 because she had originally lost one and applied for a duplicate and then found the old one in her handbag.
If there is photographic evidence it will show I was displaying a badge, albeit out of date. What a nightmare and now I have to apply to renew her badge and apparently it takes longer for a renewal. It's easier to do what I normally do when the disabled bays are taken and drop her off at the door then parking in a normal FREE space.

Stop trying to explain - you don't have to. The 'warden' employee actually saw you and your mother and was aware of the disability. So they have broken the law.

Honestly I think you'd be best complaining in writing to the retail store or landowner/managing agent if it's a multi-retail car park.

If you are this worried now (calling it a nightmare when we actually find these fake PCNs funny!) then I don't think you will cope very well with all the threatograms. Am I right that you will waver when you get debt collector scary letters? So you really need to take a firm stance and complain to knock this on the head. If you don't want to demand damages then demand an apology - and maybe you'll get some store vouchers too.

Here is an example of a poster who actually stupidly paid the fake PCN and then complained in writing afterwards (DO NOT pay it!!!!). But the good outcome was the retailer - ASDA - apologised and sent some vouchers as well as refunding the amount paid:

https://forums.moneysavingexpert.com/discussion/comment/57038897#Comment_57038897

You have to make the retailer see it's disability discriminiation because the agent KNEW there was a disabled person in the car.

DO NOT PHONE. Either write or go into the store with your mother and complain in person. DO NOT apologise. Be really assertive - or take another relative with you who can read all this advice, who can understand the illegality here and who can be assertive for you in person.

Guys_Dad

I am grateful to Stroma for putting me right re the BPA Approved Operator Scheme code of practice.

This is what it says about drivers/passengers with mobility problems.

16.1 The Equality Act 2010 says that providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people.

16.2 ‘Reasonable adjustments’ to prevent discrimination are likely to include larger ‘disabled’ parking spaces near to the entrance or amenities for disabled people whose mobility is impaired. It also could include lowered payment machines and other ways to pay if payment is required: for example, paying by phone.

You and your staff also need to realise that some disabled people may take a long time to get to the payment machine.

16.3 Operators of off-street car parks do not have to recognise the Blue Badge scheme. But many choose to do so to meet their obligations under the Equality Act.

Although a Blue Badge is not issued to all disabled people
it is issued to those with mobility problems. So it is a good way for parking operators to identify people who need special parking provision.

16.4 You are at risk of a claim under the Equality Act if you do
not discourage abuse of the ‘disabled’ spaces. This means that you need to make sure the spaces are regularly checked to be sure they are not being used by people who do not have a disability.

16.5 If your landowner provides a concession that allows
parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices.

OK, then agreeing with Coupon Mad that you may find dealing with the letter chain if you do nothing, then a short, sharp letter to the Parking Company and, if it was a single shop car park, the shop itself saying that on dd/mm/yy, you parked with your mother, aged 86 with mobility problems, in a disabled parking space. You displayed her Blue Badge which had just expired and you were awaiting a replacement as an indication in good faith that it was a disabled person in the car. I did this, in spite of the fact that Blue Badges are there for the public highways, not private cat parks..

You car was ticketed and you approached one of the PPC wardens who had issued the ticket. You made him aware of your elderly disabled mother and asked for the ticket to be set aside. (He saw that she indeed was elderly with mobility problems.) He refused. At that point, your company in the person of your employee, broke the Disability Discrimination/Equality Act (CM - what is the actual legislation to refer to?)

I refer you to the BPA AOS Guidelines on Disabled Motorists and demand that in the light of this and the Equality Act that you withdraw the Parking Charge immediately.

Be assured that failure to do so will cause me to take further action with attendant publicity.

Something along these lines, but only do this if you are worried about the letter chain

Coupon-mad

It's no longer the DDA so forget that - just the Equality Act 2010.

But the main letter should not be to the parking company (they can be copied in but should not be the only recipient). The main complaint should be to the onsite retailer - or if it's a retail park with several shops, then it should go to the Managing Agent/Landowner (usually easy to find by Googling the Retail Park name and looking for newspaper articles).

Exactly as per this thread already posted above but here it is again, pretty much copy this action:

https://forums.moneysavingexpert.com/discussion/4244645

HTH

Soozwah_2

Thanks all of you. I'm taking your advice and writing to the administrators of the retail park and copying the parking control parasites in. I shall report back my progress and I promise not to cave in to the threatening letters if they arrive.

Soozwah_2

BIG thank you to all, especially Coupon Mad and Guy's Dad for encouraging me not to cave in. Received an email today from UKPC apologising and confirming that ticket has been cancelled following my email to the management company of the retail car park.:j

Coupon-mad

Soozwah wrote: »

BIG thank you to all, especially Coupon Mad and Guy's Dad for encouraging me not to cave in. Received an email today from UKPC apologising and confirming that ticket has been cancelled following my email to the management company of the retail car park.:j

Yes! The same strategy worked again! :T

And the retail park management were made aware of the actions of this scammer too so you've killed two birds with one stone!

Very well done for doing this - I know it may seem easier to ignore but this strategy does work with disability issues because retailers don't want to be sued nor risk the terrible publicity either.

27col

Re#14 by Guys Dad. That extract that you quoted does not sound to me like anything a PPC might have read. Let alone, put into practice

Guys_Dad

27col wrote: »

Re#14 by Guys Dad. That extract that you quoted does not sound to me like anything a PPC might have read. Let alone, put into practice

It's straight from the BPA Guidelines, current version http://www.britishparking.co.uk/write/Documents/BPA_Code_of_Practice_2012_Version_1_October_2012.pdf

You are probably right, though. They demand motorists read the small print on their signs and can't be bothered to read their own "Association" rules and guidelines.