disabled parking at retail park

NOTYOUAGAIN

I Got a fine from Care Parking when I parked in a disabled space at Cheshire oaks retail park. I am disabled but my badge had slipped through the gap under my windshield. I had told my council and they sent proof that I had reported it lost. While waiting for my new badge I went to Cheshire oaks with my husband, I can only walk a very short distance so I put my old badge in the window just to let other drivers know I was disabled and not taking a space I did not need. I had no idea there was anyone checking or I would not have bothered going . This is a free car park and their were dozens of empty spaces. Previously there were no parking enforcements here. I am particularly distressed about this because I feel I am being penalised for being disabled. I would not have needed to park there otherwise. They have turned down my appeal. I don't know what to do next. Any advice welcome. :mad:

motorguy

How much is the fine for?

From memory, i'm not sure a parking fine on private property is enforceable under law.

306chris

Did you get a fine (penalty charge notice) or an invoice (parking charge notice)

NOTYOUAGAIN

Thanks for your reply it is a parking charge

Stroma

Care parking is a private parking company and they can be ignored completely, you are disabled , you have a right under the Equality Act 2010 to use disabled parking bays in private car parks without displaying a blue badge. The reason is that the blue badge scheme does not apply on private land.

I would make a complaint to the owners of the retail park, head any complaint with ' Breach of the Equality Act 2010' and insist as you are disabled that they get this ticket cancelled, threaten them with a small claim, they are liable for the actions of their agents.

As for the parking company you could appeal and go through the popla appeals ( https://www.popla.org.uk ) but it is easier to ignore them. This is not a fine on penalty at all just an invoice begging you to pay.

NOTYOUAGAIN

sorry I don't know how this works. It a fine for £60 rising to £100 in 14 days
it is a parking charge

spikyone

Stroma wrote: »

As for the parking company you could appeal and go through the popla appeals ( www.popla.org.uk ) but it is easier to ignore them. This is not a fine on penalty at all just an invoice begging you to pay.

You should most certainly appeal to POPLA - there is no word to describe a company that pursues a disabled person even after they've had evidence proving that they're in the wrong. At least you'll have the pleasure of knowing it's cost Care Parking some money for their appalling behaviour.

nigelbb

It's not a "fine". A fine is for breaking the law. Only the authorities can levy a fine. It's a speculative invoice for claimed charges. You are disabled & entitled to park in a disabled bay on a private parking area serving a retail park whether displaying a badge or not.

What shops did you go in? Is there one large store like an Asda or similar? If so go in & complain to the manager that you have been harassed & that you hold them liable along with the parking company. Get them to have the charge cancelled.

Stroma

NOTYOUAGAIN wrote: »

sorry I don't know how this works. It a fine for £60 rising to £100 in 14 days
it is a parking charge

It's a money making scheme of a private parking company, they have no right to your money, they are not there to manage car parks, they are there to impersonate authority and to get cash off unsuspecting mugs. Don't fall for their deception, don't consider paying them anything.

The private parking industry is all built on lies, deception and borderline illegal practices, they will tell you anything to get money off you, we are independent and have no vested interest in you paying them. But it is your decision at the end of the day.

Take a look at these videos
https://forums.moneysavingexpert.com/discussion/3164256

spacey2012

Stroma wrote: »

It's a money making scheme of a private parking company, they have no right to your money, they are not there to manage car parks, they are there to impersonate authority and to get cash off unsuspecting mugs. Don't fall for their deception, don't consider paying them anything.

The private parking industry is all built on lies, deception and borderline illegal practices, they will tell you anything to get money off you, we are independent and have no vested interest in you paying them. But it is your decision at the end of the day.

Take a look at these videos
https://forums.moneysavingexpert.com/discussion/3164256

Exactly what is said here to the T, brilliant post sums it up perfectly, a scam Impersonating authority.

Guys_Dad

NOTYOUAGAIN wrote: »

sorry I don't know how this works. It a fine for £60 rising to £100 in 14 days
it is a parking charge

You come across as being a little nervous about this. Sorry if I am wrong.

Because of your disability, you are entitled to be treated in a way that does not discriminate against you for that.

The British Parking Association, to whom all these Parking Companies belong, has a code of practice that they must all obey.

You can find it here http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2013_v1.pdf

I have extracted the section on disabled drivers below.

What you need to know is that the Blue Badge Scheme is designed for on-street and other council parking. Yes, it is a good way for PPCs to see that a car belongs to a disabled driver, but it is not the only way.

Does your car, for example, have a Road Fund Licence that reads Disabled and £0.00 Road Tax? That is sufficient information for the attendant NOT to have ticketed you.

Also, providing proof of your disability in the form of a letter from the council and a photo copy of your Blue Badges (old and new one) should be sufficient to make this go away.

I would write back, telling them that you have provided proof of your disability and in accordance with section 16 of the BPA Code of Practice, you now demand that they accept your appeal of provide you with a POPLA code to enable you to make an appeal through POPLA. It would be most helpful if your car does have this Disabled Road Tax, which you can enclose a copy of with your appeal, remarking that a properly trained attendant would have seen that the car belonged to a disabled driver and would not have issued a ticket.

Be resolute and firm and prepared to go through POPLA.

Copy from BPA COP below

16 Disabled motorists

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.