UKCPS I foolishly paid!

blossom1948

Parked in a retail park in a disabled bay 16 Feb. Not feeling too well, got out of the car, went to get my blue badge out of the door pocket, dropped my walking stick, put the badge on the seat and closed the door.
Got back to the car 5 mins later and notice stuck on the windscreen. Panicked. Once home, OH put together an appeal enclosing a copy of my Council Issued Permit and enclosed a cheque saying that I expected it to be sent back to me.
Of course they did not allow the appeal and they cashed the cheque.
Wrote again to them stating that they had fraudently obtained this money from me as I had given them proof that I was indeed disabled and I would take matters further if they did not refund me.
They simply sent another letter saying they don't enter into correspondence and that details of POPLA would be sent at the appropriate time if requested.
I copied my letters and UKCPS ones to the landowner (Co-op) who said that as I was in breach of the parking regulations it was reasonable of UKCPS for them to have issued a ticket and having done this they will have incurred administrative costs.
Would someone kindly advise if there is any chance of me getting my money back if I do a small claim and how to go about it?
Many thanks. William

Stroma

No not much chance at all to be honest, if they give you the popla code then a small chance. The only way is to sue them, but again very difficult to win. I think you need to put this down down to experience and never pay a scam invoice like this without coming here for advice first.

nigelbb

Was your blue badge actually on the seat rather than on the dashboard?

To be honest it's going to be struggle getting your money back but you can kick up a hell of a ruckus trying. A poster with the handle of Coupon-Mad will be along later & she will be able to mark your card as to the best way to proceed but on the face of it this case is a clear breach of the Equality Act.

The Co-op who make such a song & dance about their ethical trade policies should be ashamed.

surfboy1

You could also see if the local newspaper and radio would be interested in the Co op's terrible treatment of a disabled customer.
Complain, complain loudly and complain to Co op head office.
They are ultimately responsible for the behaviour of their agents.
Disgusting treatment of a paying customer who is disabled!

Coupon-mad

blossom1948 wrote: »

Parked in a retail park in a disabled bay 16 Feb. Not feeling too well, got out of the car, went to get my blue badge out of the door pocket, dropped my walking stick, put the badge on the seat and closed the door.
Got back to the car 5 mins later and notice stuck on the windscreen. Panicked. Once home, OH put together an appeal enclosing a copy of my Council Issued Permit and enclosed a cheque saying that I expected it to be sent back to me.
Of course they did not allow the appeal and they cashed the cheque.
Wrote again to them stating that they had fraudently obtained this money from me as I had given them proof that I was indeed disabled and I would take matters further if they did not refund me.
They simply sent another letter saying they don't enter into correspondence and that details of POPLA would be sent at the appropriate time if requested.
I copied my letters and UKCPS ones to the landowner (Co-op) who said that as I was in breach of the parking regulations it was reasonable of UKCPS for them to have issued a ticket and having done this they will have incurred administrative costs.
Would someone kindly advise if there is any chance of me getting my money back if I do a small claim and how to go about it?
Many thanks. William

UKCPS and the Co-op have broken the law over this, as they knew you were disabled yet still penalised you. That's quite simply unlawful. UKCPS' signage cannot override your legal right to park there unharassed, no Blue badge is even needed as the Equality Act supercedes any 'contract' the signs blather on about.

Get on to your MP to help you write a second letter to the Co-op to FORCE a refund by UKCPS. It's been done before by a landowner when threatened with a small claim for damages.

I would also contact the EHRC - read this part of the website - they can intervene in cases of disability discrimination (which IS the case with you):

http://www.equalityhumanrights.com/advice-and-guidance/your-rights/disability/

http://www.equalityhumanrights.com/advice-and-guidance/your-rights/disability/access-to-services/

http://www.equalityhumanrights.com/advice-and-guidance/your-rights/using-your-rights/

The only place I cannot recommend bothering with is the CAB as they have no clue about parking issues and their guidance on it is flawed.

Do you know you could get £hundreds+ in damages for this illegality?

A small claim (with your expenses, court fee and interest at 8% added on) using Moneyclaim online is your final resort to force the Co-op to act (do not just name UKCPS, name the Co-op as liable for the harassment and Equality Act breach too). To do that, you first of all have to send all parties a 'Notice before Action' which you can Google and read a simple version of, on the Which? website and in an article on MSE too I think.

That basically gives the parties a final chance to settle before you go to small claims over this - remember you can claim a lot in damages, so name a figure, I suggested £1,000 to a similar poster but he didn't bother once he forced the PCN to be cancelled, he was happy with that victory.

blossom1948

Thank you so much. I'll get Googling and and get the notices sent out ASAP.

somethingcorporate

You sent them a cheque made payable to them, how on earth do you think that this is them obtaining money fraudulently?!? There really is one born every minute.

I'd suggest thinking you could get £1k for something like this is completely barking mad. IF you have a lot of time then I think you'd get a result and your money back. I'd suggest seeking the advice of a solicitor if you really want to pursue for big money but it will likely cost you more in time and effort than you would ever get out.

spacey2012

You can write to UKCPS directly at :
The back room of the Blooming Rose pub, Burton Row, Beeston Leeds.
This is not a joke, that is where they are really based

Stroma

I still think you'll have a hell of a job getting anything from this, I appreciate what coupon said above but I just can't see this working, at least the small claim part of it, complain like hell and you may get a result, but I honestly can't see it myself. Still it's your time and money I wish you success

Coupon-mad

somethingcorporate wrote: »

You sent them a cheque made payable to them, how on earth do you think that this is them obtaining money fraudulently?!? There really is one born every minute.

I'd suggest thinking you could get £1k for something like this is completely barking mad. IF you have a lot of time then I think you'd get a result and your money back. I'd suggest seeking the advice of a solicitor if you really want to pursue for big money but it will likely cost you more in time and effort than you would ever get out.

They do NOT need a Solicitor. Stop telling the poster the wrong thing. People who have paid under protest HAVE reclaimed their money in Court before, when they can demonstrate that no valid contract existed and they only paid as they were scared and misled. Like here, the person has been frightened and intimidated into paying what they thought was a Parking ticket (in fact it's a fake scam one).

And we have had posters sue for harassment over these fake PCNs and get a few hundred - but this case is worse than usual because there's a disability law breach in UKCPS' action of banking the money when they were told about the disability. The poster was legally allowed to use that bay and UKCPS' sign wittering on about the BB scheme is null and void.

Of course they can get compensation for a breach of the Equality Act 2010 - the remedy for such a breach IS compensation. And a small claim will not take much time at all as it can be put in online and the Co-op are NEVER going to want it actually go to Court.

We would expect the Co-op to give in and apologise and force UKCPS to refund the money, as soon as they see the Notice before Action.

Simple. One letter!

spacey2012

They will have already spent the money on chrome cleaner for the Roma special and decorative milk churns.