Parking ticket from CMS Ltd for parking in a disabled space.

MrLeighV

Hi,

Ive just come back from (the now infamous) Robin Park and whilst there was issued a "parking notice" for parking in a disabled space without displaying a blue badge (which was in the car, we just forgot to put it on display).

I'm more angry at the fact that the guy that issued the ticket must have watched me park up, help my wife into her wheelchair and go into the one shop we wanted to visit before slapping the ticket on my windscreen then anything else (and the tax disc shows the car as being registered disabled which he must have seen as he carefully placed the ticket directly below it!).

Probably too much to ask for these money grabbing ingrates to give you a friendly reminder instead I suppose. :rotfl:

Anyhoo, I've had a read through a few threads (including another CMS UK Ltd one) and have a couple of questions.

First off, I gather the first piece of advice is don't pay. Is this still the case?

And secondly, should I contact them via their appeal system, explaining that we do actually have a badge, or do I just ignore them?

Thanks for your help.

Half_way

Anyhoo, I've had a read through a few threads (including another CMS UK Ltd one) and have a couple of questions.

First off, I gather the first piece of advice is don't pay. Is this still the case?

Still the same, you owe them nothiong if the parking atendant saw that your wife was/is disabled he/she should not have placed the ticket also in doing so there has been a breach of the equality act.
Also as you state the vehicle has a disabled tax disc this is another reason why the ticket should not have been placed.

And secondly, should I contact them via their appeal system, explaining that we do actually have a badge, or do I just ignore them?

I would advise, in this case to complain to them via their appeal system, but only after they have contacted you first, and idealy via e-mail if you can include a copy of the blue badge.

If they then reject this appeal, you need to go for the car park owner as through the actions of their agents ( for who the car park owner is responsable for) they are in breach of the equalities act, and that they ( the car park owner) must now cancell all charges that are being demanded of you, and take action to make sure thaty this will never happen again.
Actualy stuff that and just go for the car park owner forget about asking them to cacell the charge - as its a plain breach fo the equalities act.
Sod the parking company the car park owner is responsable for the actions of thier agents, and it is the car park owner who has allowed this to happen through their negligence of allowing a PPC ( private parking company ) to act as their agents.
Its about time the car park owners should be made responsable for their actions in allowing these scumbag companys to opperate on their land - they are no better than the PPCs, in fact they ( car park owners ) are worse as they give them ( the ppcs) the lifeblood to exist.
Without the car park owners collaborating with the PPCs the PPCs cant opperate.


And also you owe it to all the other disabled drivers, and other drivers who have been persecuted by the parking company/car park owner and made to feel they should pay up by the parking companys threats/harrasment and bully boy tactics, especialy as times are tight for a lot of people, especialy those with aditional needs/requirements due to disabilitys.

Coupon-mad

MrLeighV wrote: »

Hi,

Ive just come back from (the now infamous) Robin Park and whilst there was issued a "parking notice" for parking in a disabled space without displaying a blue badge (which was in the car, we just forgot to put it on display).

I'm more angry at the fact that the guy that issued the ticket must have watched me park up, help my wife into her wheelchair and go into the one shop we wanted to visit before slapping the ticket on my windscreen then anything else (and the tax disc shows the car as being registered disabled which he must have seen as he carefully placed the ticket directly below it!).

Probably too much to ask for these money grabbing ingrates to give you a friendly reminder instead I suppose. :rotfl:

Anyhoo, I've had a read through a few threads (including another CMS UK Ltd one) and have a couple of questions.

First off, I gather the first piece of advice is don't pay. Is this still the case?

And secondly, should I contact them via their appeal system, explaining that we do actually have a badge, or do I just ignore them?

Thanks for your help.

I would appeal and I would complain to Robin Park as well because as others have said, this treatment is against the law, a breach if the Equality Act 2010.

Your choice what sort of complaint you make, as I explained to another poster here:

https://forums.moneysavingexpert.com/discussion/comment/59412687#Comment_59412687

You could even sue for damages which is what the poster on pepipoo (trubster) has threatened to do for £1000 or so - which seems reasonable enough as these cases includes harassment, with all the debt collector letters designed to frighten and intimidate victims. See the linked thread advice and the links within it that I posted. You will see that Caryl on here chose a strong email threatening Small Claims Court too but in a more softly-softly way, and she had the fake PCN overtruned in 48 hrs once the Park Management saw it was a disability breach allegation with the chance of them being taken to court by the aggrieved motorist.

What you don't do is let them get away with it, nor even think about paying, nor even think about any kind of apologetic and weak appeal thiniking you are in the wrong. You are not. Many people simply believe they should have displayed a Blue Badge 'because the signs said so'. NOPE. Not on private land. The Equality Act 2010 covers the need, and the disability doesn't disappear if there is no BB shown of course - the special need for that bay still exists.

Before anyone says it yet again:

Yes it makes it difficult to know who can and cannot use a disabled bay in a car park. TOUGH.

It's about need, same as any other disability issue. Employers don't have some magic Blue Badge or Permit to rely on to show them clearly who in their workforce might consider themselves to have a 'protected characteristic' as defined in the Equality Act 2010! Yet employers still have a duty to make 'reasonable adjustments' for their disabled workers. Hence why employers ask questions of their workforce to make sure they stay aware of the needs of the workers, so they can provide the adjustments needed and can show they have complied with the law. It is not as simple as knowing how many wheelchair users they might have (of course!). Many disabilities are invisible and many people who need adjustments are young and the need may not be obvious.

It's NO DIFFERENT in the world of car parks. A disabled bay is simply a 'reasonable adjustment' and is provided for those with a qualifying need.

Hard luck on PPCs that they haven't a clue who qualifies. Luckily for the PPCs at the moment, they have pulled the wool over most people's eyes by hiding behind the Blue Badge scheme 'cos that's nice and easy to use to catch people out if a Badge is forgotten, slips down or is upside down or out of date. NONE of it is the PPC's business but disabled people are paying these fake PCNs every day because they believe the signs, are scared/fooled and fall for the scam.




HTH, particularly the link with the advice I gave another poster and the links to Caryl's and trubster's cases. Caryl's already won and trubster's being actioned vigorously!

fil_cad

Just ignore the goons, I have, I got a similar unenforcable charge in early december, im so upset they havent sent me any begging letters yet, don't wast your time and breath on the scammers

Coupon-mad

fil_cad wrote: »

Just ignore the goons, I have, I got a similar unenforcable charge in early december, im so upset they havent sent me any begging letters yet, don't wast your time and breath on the scammers

I would agree if it were not an Equality Act breach case.

This treatment of disabled people is against the law and to ignore it seems to me like ducking out of the issue. And the landowner/retailers should receive complaints about this sort of illegality by PPCs - they will never know if people don't complain; nothing will change if disabled people accept this sort of illegal rubbish from scammers.

If everyone ignores this then the signs will continue to say 'Blue Badges only' and people will be even more indoctrinated to accept this as if it's fact. And the PPCs will continue to prey on anyone they can find an excuse to issue a fake PCN to. Particularly easy pickings in the disabled bays because they are adding in an unneeded requirement, an irrelevant hoop for the motorists to jump through...and fall over.

:mad:

Half_way

As far as im concerned this is an equality act issue more than a PPC standard charge
Ignoring it is the easy selfish way out - you will get the usual letter chain and after a while it ( almost always ) goes away.
However if you ignore it how many others in a simalar situation wont ignore the charge and pay up as they feel threatened harrased and bullied by the PPC, using up precious funds that should be spent elsewhere.

MrLeighV

Morning,

Thanks for the replies. I will have a read through the links posted and go from there. I do intend to take it further though. :mad:

Thanks again.

Guys_Dad

I would write or email the PPC saying very simply that

"My car was displaying a Disabled Road Tax licence, that my wife, who needs a wheelchair, was in the car and now that you have been notified, in line with BPA guidelines, you should now cancel the parking charge.

Furthermore, your attendant should be retrained to (a) recognise disabled tax discs and (b) be told that the Blue Badge Scheme is not relevant in private car parks.

Should you not cancel this ticket, please send me the relevant POPLA documentation to mount an appeal and be warned that I will resort to action under the Equalities Act 2010, including notifying the BPA. "

If this is a single retailer car park, then I would add that you are copying in the store, and send them a copy to the manager as well.

Keep it short, simple and to the point. If you really wanted to, you could take a photo of your Road Tax and scan it in, pointing out the attendant put the ticket directly under it.

atilla

Guys_Dad wrote: »

I would write or email the PPC saying very simply that

"My car was displaying a Disabled Road Tax licence, that my wife, who needs a wheelchair, was in the car and now that you have been notified, in line with BPA guidelines, you should now cancel the parking charge.

Furthermore, your attendant should be retrained to (a) recognise disabled tax discs and (b) be told that the Blue Badge Scheme is not relevant in private car parks.

Should you not cancel this ticket, please send me the relevant POPLA documentation to mount an appeal and be warned that I will resort to action under the Equalities Act 2010, including notifying the BPA. "

If this is a single retailer car park, then I would add that you are copying in the store, and send them a copy to the manager as well.

Keep it short, simple and to the point. If you really wanted to, you could take a photo of your Road Tax and scan it in, pointing out the attendant put the ticket directly under it.

What's with all the warnings and advisory's for the scammers?
Stuff all that. Upto them to know the Law, not the public to advise them.
Play them at their own game, but with definitives.
They WILL cancel the ticket and you WILL be taking action.

Guys_Dad

atilla wrote: »

What's with all the warnings and advisory's for the scammers?
Stuff all that. Upto them to know the Law, not the public to advise them.
Play them at their own game, but with definitives.
They WILL cancel the ticket and you WILL be taking action.

Look, it's all very well for you as a regular contributor advising people, and, as a result of being on here a lot and seeing lots of cases and injustices, advising a belligerent stance, but at the heart of this are a couple who have been ticketed and want this resolved.

My wording gives them a very reasonable position to put to the PPC which doesn't ramp things up and gives them a chance to do the right thing without further ado. Not everyone wants to carry on a war with the PPCs - some just want things sorted out.

OK, they are in a rotten business, and it does them no harm to know that members of the public know the law and if as a result they do actually educate their operatives in disability legislation (ok, may be a fat chance). then it may prevent some other disabled person who isn't "parking savvy" getting ticketed and paying up in future.

BASFORDLAD

I agree with guys dads email.

Its to the point and puts them on the spot!