UKCPS, Savills, disabled bay, nil tax, NO blue badge

busybee100

UKCPS, Savills, disabled bay, nil value tax disc, blue badge NOT displayed


Goodness knows how but I forgot to put out my badge when parking.



Are you still advising people in my position to appeal the notice? If so then is it a notice before action you suggest or a straight forward appeal explaining the Equalities Act 2010?


Should my argument be on grounds of reasonable adjustment? The car park I used is free but to use the disabled spaces I am asked to display a blue badge. Personally I’m thinking my nil value tax disc is as valid as my blue badge and should be taken as evidence, it feels like discrimination that they are expecting more from me because I'm disabled.


I plan to copy in Katrina MacKay at Savills as they manage the complex but how do I find out who owns the land?


Thank you in advance.:D

The_Slithy_Tove

You are correct. Your disabled tax disc was evidence enough that you were eligible under the Equalities Act to use the disabled spaces.

Tell them that, send a copy of the blue badge, and make it clear that any further communication from them or their agents, save notice of the PCN cancellation, will be in breach of the Act. Savills need to be reminded that they will also be liable for such breaches by their agent.

Coupon-mad

Yep, do this, worded to mention the Equality Act 2010 like this poster did (also UKCPS, also a missing BB, also a landowner of a retail park):

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

and it 'should' work first time. In that example the poster didn't ask for compensation but you can, like 'blossom1948' has done as she feels that an offer the cancel the fake PCN isn't enough - good for her! I helped a disabled, harassed, forum poster get a few hundred in compensation recently, by this method of pressurising the landowner.

Do not comment on whether the irrelevant BB was shown or not because it doesn't mean your disability disappeared! Use simple short sentences like:

'The Equality Act 2010 protects me from discrimination and harassment on private land. The Council-only 'Blue Badge scheme' is not the only indicator of disability - despite UKCPS' misleading signs. This Parking Charge Notice is direct discrimination as defined in the Act, since UKCPS 'knew or should have known' about my disability from the disabled/zero tax disc. The legal remedy for this breach is monetary damages.

For the avoidance of doubt I am also attaching a copy of my Blue Badge as secondary proof of disability need, so that all parties receiving this complaint 'know' about the disability issue and discrimination by your agent and can take immediate action to mitigate this breach of disability law by UKCPS. I request a swift reply including:

...{then list what you want...just confirmation they have cancelled the fake PCN? An apology? Compensation of £xxx or you will file a small claim for damages?} ''


If it doesn't work first time and UKCPS reject, then take the matter to POPLA with our help as that costs the PPC money.

Then when you win the POPLA appeal (but word it after advice here) you could follow up Savills and UKCPS with a Letter Before Action for compensation for this stress, intimidation and harassment of a disabled person who was simply using the provision to which they were legally entitled.





P.S. do not reply to any private messages in case it's the UKCPS staff who have nothing better to do than pretend to be offering to 'help' a newbie like you. Do not reply if anyone on this thread asks when and where this was.

Guys_Dad

If you want them to cancel the charge, then I would say that if they are not prepared to cancel it, then you require a POPLA form as well as what you have been advised above.

busybee100

Yesterday I emailed UKCPS, Legal and General, Savills and the Retail Park.



After sending the email to UKCPS I received the following:


This is an auto-generated email,

Thank you for contacting the email help desk.

For payments: Please call 08700 330002

For appeals: Please put your appeal in writing and send through the postal service, for this to be processed your appeal must include the following details:-

The parking charge issue number.

The vehicle registration.

Time, Date and place of issue.

Your full name and address.

Appellants status / Driver / Keeper

Please note that all the above details must be included to enable an appeal to be processed.

Your email address details (optional)

The postal address to write to is
UKCPS LTD
1200 CENTURY WAY
THORPE BUSINESS PARK
LEEDS
LS15 8ZA





On the PCN it states:
All appeals / complaints and queries must be by writing or email. We cannot accept telephone appeals. Appeals should be made within 7 days of PCN issue.

Should I also write? If I write now, I will miss the 7 day deadline.


TIA

Guys_Dad

busybee100 wrote: »

Yesterday I emailed UKCPS, Legal and General, Savills and the Retail Park.



After sending the email to UKCPS I received the following:


This is an auto-generated email,

Thank you for contacting the email help desk.

For payments: Please call 08700 330002

For appeals: Please put your appeal in writing and send through the postal service, for this to be processed your appeal must include the following details:-

The parking charge issue number.

The vehicle registration.

Time, Date and place of issue.

Your full name and address.

Appellants status / Driver / Keeper

Please note that all the above details must be included to enable an appeal to be processed.

Your email address details (optional)

The postal address to write to is
UKCPS LTD
1200 CENTURY WAY
THORPE BUSINESS PARK
LEEDS
LS15 8ZA





On the PCN it states:
All appeals / complaints and queries must be by writing or email. We cannot accept telephone appeals. Appeals should be made within 7 days of PCN issue.

Should I also write? If I write now, I will miss the 7 day deadline.


TIA

You have appealed in writing, if they want a letter then it is probably to save them the DVLA fee, unless they have your address from the email.

Have you had anything through the post yet? The 7 days is their own make believe rule so go ahead and write your letter.

If they still refuse to cancel, come back and c_m will give you her LBA counter attack.

Coupon-mad

What about the copy you sent to Savills, that's the important one?! You don't need to know who owns the land at all - look, Savills know the score:

https://forums.moneysavingexpert.com/discussion/4552323

I wouldn't even follow up the UKCPS email at all, just print it out ready for your POPLA appeal if need be; print your appeal and their acknowledgement for your records & future POPLA ammo!

If Savills don't cancel this, sharpish, then UKCPS will soon send you a 'Notice to Keeper' anyway which you can then appeal to, and still have the right to POPLA, so you've not lost any ground.

If the fake PCN says you can appeal by email then clearly the reply is unfair/misleading because it's denying you that. And to state you 'have to appeal within 7 days' is a breach of the BPA code of practice, is unfair practice and far too short a timescale. All good ammo for your POPLA appeal but you will need more than that so keep updating your thread when you hear more.

Waiting to see what Savills say really, if you haven't sent their copy yet then do so! Seeing as they know about this issue and have cancelled fake PCNs in similar disability breach circs before.

busybee100

Thank you both.

Yes I've emailed Savills. Fingers crossed it was the right person?

Coupon-mad

Dunno! Ring them on Monday and ask where to send complaints to.

busybee100

Recap (cos I know you're all busy)
I have a car with nil tax, got a notice for parking in a disabled spot, emailed with a copy of tax disc, blue badge and mentioned the Equality act 2010, the email bounced back telling me to write, I didn't as I had already contacted them as they originally requested (on the notice).
I also emailed Savills, the retail park and the owners (??) with no response from anyone.

This morning I've received a notice to keeper.

Do I just sit it out now or should I be proactive with Savills etc?

Stroma

I would challenge it as they are in breach of the Equality Act 2010, demand a popla verification code to appeal independently if they reject. As for Savilles I would be tempted to draft a notice before action claiming harassment and a breach of said act.

You would need to send that by snail mail. A £500 harassment/equality breach would get their attention. But do this only if you would carry out the threat.