parking ticket not showing blue badge

chas9187

hi my dad parked a few weeks ago on a retail park (uk cps running carpark), as he got out he had knocked his blue badge onto the floor. when he came out the store he had a pcn on his window but on his slip the tick for the offence is not in any box its between stayed longer than 2 hours or non display of blue badge , so not clear on ticket what offence they want him for , we have read on here not to pay and he hasn't he has had one reminder , now when in our town 10 mins away from carpark in question,4 weeks later he parked on yellow lines displayed his badge the traffic warden was there and said he was ok, 10 minutes later he returned to a pcn on his window , the street is done by official council wardens, but when we have read the ticket it has been issued but says the carpark of the retail park from 4 weeks ago the pcn person had placed a repeat of the original ticket on my dads car ?? how is that allowed and . speaking to our council he said the blue badges are a requirement on private land ,but on this forum i have read they are not, please can you advise on this i have a very worried 79yr old dad

The_Slithy_Tove

Your post starts to ramble a bit in the middle, so apologies if I haven't understood quite right.

Has the council warden issued a PCN for parking on the yellow lines? If you have a real PENALTY Charge Notice from the council, you must take action.

If all you have are Parking Charge Notices from a private company, you DO NOT PAY.

The council are completely wrong about Blue Badges on private land. They are meaningless there. Just read the notes on the blue badge (that the council themselves issue), and they'll tell you the badge is only valid on public roads. Shame on them for not knowing.

Does your dad's car have an tax disc showing DISABLED, i.e. exempt? If so, you should not have been ticketed. The user Coupon Mad is best at these things, and she'll no doubt be along later with great advice. You'll probably best appealing, stating the disabled status, enclosing a copy of the blue badge (even though it's irrelevant). But most of all state that now they know this, they MUST cancel the ticket, or you'll be bringing a case against them under the Equalities Act if they continue to pursue it.

Most of all, though, don't worry about it. It will come to nothing in the end.

Tilt

There is no 'offence' involved what so ever. A private concern cannot issue fines, only speculative invoices which you can ignore. Blue badge scheme dose not apply to private land anyway.

Even if they were to pursue your dad (which they won't apart from sending him a string of intimidating letters), it was a free car park... so what losses have they incurred? They would need to convince a judge that the charge is not in fact a penalty to which they cannot legally recover in a court.

chas9187

both tickets are ukcps private carpark(not council) my dad has just shown me the second ticket & first ticket ,
first ticket says gold car, second says beige , but the ticket issued in town once again the tick isnt in a box its between no badge in a disabled bay (there is no disabled bay ) and beyond time limit,(parked for 10 mins) and it says the retail park address again , and ive have spoke to our council and they do not use private parking people in that street on official council wardens and would be headed council parking ticket , they have placed a ticket on his car on land that they do not own,

Tilt

Look, you are wasting brain matter here un-necessarily. It matter not what they put on the ticket, it's not enforceable. The council have nothing to do with it either so i'm nit sure why you are bothering to contact them.

There is no offence here, they have as much powers as I have.

Coupon-mad

chas9187 wrote: »

both tickets are ukcps private carpark (not council) my dad has just shown me the second ticket & first ticket ,
first ticket says gold car, second says beige , but the ticket issued in town once again the tick isnt in a box its between no badge in a disabled bay (there is no disabled bay ) and beyond time limit,(parked for 10 mins) and it says the retail park address again , and ive have spoke to our council and they do not use private parking people in that street on official council wardens and would be headed council parking ticket , they have placed a ticket on his car on land that they do not own,

So you are saying that the UKCPS staff member (not a Traffic Warden at all of course) has placed a copy of the first fake PCN on the car when he saw the same car parked on street?

Was the date the same on them both or did he issue a new ticket with a new date, but on street? That's actually fraudulent IMHO.

That is ridiculous and harassment of a disabled person, and NO you do not need a BB on private land!!!!!!! :mad::mad:

Neither ticket is valid, neither must be paid. You mustn't ignore this though IMHO!

Why not write an immediate complaint/challenge (not an 'appeal', no 'sorry') in your Dad's name but USING YOUR ADDRESS, saying summat like:

'I am disabled and needed to use that disabled bay and needed longer to do my shopping (enclosed is a copy of my Blue Badge - not that it's needed on private land). But this evidence shows you that legally I can park in a disabled bay on private land and can also park for longer than able-bodied visitors - these are both 'reasonable adjustments' provided by the retail park for people like myself.

Clearly I should not have to explain this to you but your employee thinks it's acceptable not only to put a fake PCN on my car on the day, knowing I am disabled due to the Blue Badge {and disabled tax disc if there is one??} but to also hound me with a duplicate 'ticket' slapped on the windscreen again when he saw my car on-street a couple of weeks later.

This was a street where UKCPS have NO right to issue fake PCNs and this is a serious impersonation of authority - I intend to complain to the DVLA and BPA about this matter as well as my MP and to the retail park where you appear to have a contract (for the moment at least...). The matter will also be referred to POPLA of course if you should actually have the brass neck to reject this challenge.

As regards the original allegation, I cannot even tell what it was because the employee has failed to tick any box. Either way, the ticket is worthless because I have simply exercised my right to park there to shop - and you are now harassing me, which is illegal - a person was jailed in 2012 for placing fake PCNs on cars in public streets.

Despite your misleading signs, you will no doubt be aware that 'reasonable adjustments' such as disabled bays are NOT just for people with Blue Badges - which would of course be discriminatory against other disabled people with the need and right to park there. I am protected by the Equality Act 2010 which renders your t&cs in the car park null and void as far as any alleged contract with you is concerned. And as for the second 'ticket' - that's simply illegal and I intend to report that to the Police and Trading Standards too.

Take notice that I deny any contract with you and will counter claim against yourselves and the retail park if you should pursue this matter. The only reply I expect now is a confirmation of the cancellation of these fake PCNs and an apology for the actions of your employee.

yours faithfully,


FRED BLOGGS (= your Dad's name but printed) NO SIGNATURE

YOUR ADDRESS (so you get the replies!)

cc: the Retail Park Management (make it obvious to UKCPS that they have been copied in). Google them to find out who owns it, often it's a partnership of several, send them a copy of the complaint/challenge with a short covering note telling them to deal with this illegality by their parking agent pronto or you'll sue all parties for damages for harassment and disability law breach.



:mad:


Here's one who did that earlier!

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

She didn't need to sue - but the complaint letter/email to the Retail Park Management was enough to get UKCPS called off sharpish!


:T

chas9187

ive just had my dad take me through his whereabouts on the day for the 2 nd ticket he has just remembered he nipped to b&q retail park and was in the shop for 5 mins and was only 4 cars on carpark and forgot to display his badge on a disabled bay, sorry for all the confusion , but he said he wont pay and see what happens he will let them send the letters he wont contact them at all, once again sorry and thankyou for all you help

Coupon-mad

chas9187 wrote: »

ive just had my dad take me through his whereabouts on the day for the 2 nd ticket he has just remembered he nipped to b&q retail park and was in the shop for 5 mins and was only 4 cars on carpark and forgot to display his badge on a disabled bay, sorry for all the confusion , but he said he wont pay and see what happens he will let them send the letters he wont contact them at all, once again sorry and thankyou for all you help

Not the right thing to do IMHO. Complain and get it cancelled like Caryl2506 did in the linked thread.

There is surely NO WAY a vulnerable 79 year old is going to want to ignore debt collector letters bombarding him, is there?

I would deal with this for him - Caryl2506 got hers cancelled in 48 hours flat. Her case was EXACTLY like yours, only with her Mum.

The_Slithy_Tove

Best not to ignore, IMO. UKCPS have been issuing a few court claims recently, and normally for Blue Badge "offences". But as far as we can tell, it's only to people who never engaged with their appeals process. So do as Coupon Mad suggests.

BTW, don't let the fact that they do occasionally do court worry you or your dad. Such claims are easily put down with the right defence. The fact that your dad does have a blue badge makes it easier. Going straight in with all guns blazing, as suggested, should see this stopped in its tracks.

Half_way

Next question does the vehicle have a disabled tax disc?
If so inform UKCPs of this, and the retail store/car park owner, tell them that this has to be cancelled imediatly as it is a breach of the Equalities act ( formerly known as disability discrimination act)
Step 1: tell UKCPs that you/your dad has a blue badge, if possible send a copy also copy in the store, and demand that this is canceled imediatly, together with an appology and asurances that this will never happen again.
if they still wont listen, then you can either ignore, or if your prepared to take action against the car park owner - who are responsable for the actions of their agents UKCPS ( as well as ukcps) then you can issue a letter before action, which will then be followed by a settlement, or by court action initiaed by yourself/the driver against the retail store ( and ukcps) the primary target is the retail store, as they are responsable for UKCPS and UKCPS are agents acting on behalf of the car park owner.

note UKCPS should not be confused with the Crown presecution service (CPS) and neither should combined parking solutions (cps) or any other ppc with simalar names.