UKCPS Ticket/threats

jevban

Hi

I apparently have illegally parked on a retail park end of January and only got the notification beginning of March demanding £100 for me using a disabled bay without a blue badge. Now, my partner is disabled and uses a wheelchair and we were apparently ticketed within minutes of us entering and spent a fortune paying for a number of meals re a birthday party. I cannot understand how the blue badge was not displayed as they have been disabled since 1998, and I must have just forgotten (first time ever). Stupidly I have appealed, only finding this on the forum afterwards Duh!

UKCPS have rejected my appeal today via email. I have/had written on receiving the notice to the restaurant I shopped at and the company who manage the trading estate, the head office of the store told me they had spoken to the management company who were confident the charge would be scrapped. He says he has seen evidence of the infringement and the ticket attached to my windscreen. I am not in the habit of ripping such things off and ignoring them. He says he has asked UKCPS to contact me and if we can prove we have a disabled badge, he may use his discretion to overturn the charge. I have previously submitted all these details, ie issuing authority, badge number, all to no avail.

This all happened in the heavy snow at the end of January, in the dark, on a car park that is 'free' otherwise. I never had any penalty notice on my screen and all only came to light 3 weeks ago when a letter dropped onto my doormat demanding £100 as I had failed to pay the £60 charge levied within a certain time frame. I have asked for photographic evidence...none yet forwarded and in the rejected appeal in which I requested POPLA details,they just talk about at some future point they will issue me with the details, so no reference number there then. To be honest, I'm not to sort to ignore letters and I know I will get shouted at for this byforum members, but I'm PANICKING NOW!!!! They have quoted the Schedule 4 'protection of freedoms Act 2012 ' at me. Help. I have written tonight as per info on here demanding POPLA details etc and citing a breach of the Equalities Act.

I've had a number of emails today, one of which from the manangement company of the retail park telling me not to write to anyone else as only this particular bloke has any discretion in the matter. Everything sounds and feels threatening. I have to say the restaurant chain have been very supportive, but unable to overturn anything at this time.

Help again PLEASE!

Jan

Stroma

Don't panic, and you haven't done anything illegal at all, this is not a criminal matter but a civil one. You haven't done anything wrong, and UKCPS are going to have a problem with this one as you have given them proof that you are disabled and proof that you were a customer.

There cannot be any loss to the parking company or the retailers/restaurants on site, if this went to court you would win IMO as this is clearly a penalty, which is not legal for a private parking company to issue.

On court UKCPS has been known to try their hand at the small claims in a limited fashion, they generally lose there, and peter haswell their office manager comes onto this forum trying to befriend people, if you get private messages from people about this, its probably from him.

So the advice of ignore them is the best option for you.

ManxRed

First of all, don't panic, you legally owe UKCPS nothing whatsoever, so put that out of your mind now.

Did you tell them your partner was disabled in your appeal?

If you did then they have breached the Equality Act 2010 by continuing to harass you for money, and as they are acting as agents on behalf of the landowner then that landowner is also in breach.

UKCPS have a nasty habit of issuing court claims in respect of disabled bay incidents (although they ALWAYS back down once they see a decent defence lodged - and you'd get such a defence from here or www.pepipoo.com). Best to get your strike in first.

I would recommend a letter before action sent to the landowner stating that their agent UKCPS has breached the Equality Act 2010 by continuing to harass you when they have already been informed of your partner's disability, and have refused to make allowances for this fact.

Unless UKCPS apologise and confirm cancellation of the ticket within 14 days you will look to initiate a court claim for harassment in line with the Protection From Harassment Act 1997 and The Equality Act 2010, you will hold the landowner jointly and severally liable for the actions of their agent, UKCPS.

You would receive help on here on submitting a claim.

You need to near in mind that the Blue Badge scheme does not apply to disabled bays on private land, there is no requirement in law to display a blue badge where you were parked. UKCPS are well aware of this by the way.

jevban

Thanks to you both...

after finding the forum....AFTER I submitted my appeal, I have done as you say and sent an email back to UKCPS and the mananging agents and restaurant I used. I'm just terrified of Court action.

Jan

Stroma

Don't be, they don't wear wigs and you don't need a barrister to give your defence, its all very informal. But its highly unlikely that it will even go there. But if it does you will meet Peter Haswell in person, he's a nervous wreck in the court by all accounts, its probably because he loses so often

jevban

Hi NOW DELETED

spacey2012

You can write directly to them at:
The Travellers renting the back room of the Blooming Rose Pub Beeston Leeds.
This is not a joke, they really do work out of the back of that pub.
The other address is a mailbox.

Stroma

Well there are a few things I would have changed, but you've sent it now so we can't do anything now. But can I just say that Peter Haswell will be seeing this thread and he will see that you are being advised by us, he may try a claim so be prepared for it.

Also that any letter before action must be in writing as in snail mail, so if you go that route ensure you get proof of postage.

Stroma

spacey2012 wrote: »

You can write directly to them at:
The Travellers renting the back room of the Blooming Rose Pub Beeston Leeds.
This is not a joke, they really do work out of the back of that pub.
The other address is a mailbox.

this one I gather
https://maps.google.co.uk/maps?q=LS11+5NX&ie=UTF-8&hq=&hnear=0x48795c2f225c1901:0xc8292d04c2968bd7,LS11+5NX&gl=uk&ei=O8RIUbfJBIPGPYnagbgD&ved=0CIEBELYD

jevban

Thanks Stroma

I will be in touch for advice and will take on board the info re snailmail...thanks

I have copies of all communications and am beginning to get a portfolio together...

jevban

spacey2012 wrote: »

You can write directly to them at:
The Travellers renting the back room of the Blooming Rose Pub Beeston Leeds.
This is not a joke, they really do work out of the back of that pub.
The other address is a mailbox.

Is this a joke, or for real???????????

Thanks