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Ticketing Of Cars Displaying A Blue Budge On Private Land

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  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    (Sadly, the UN law bit's untrue, so we'd probably have to say that it's against the rules of professional etiquette, but I wish it was against UN law, there'd be a lot of lawbreakers in this country who'd get punished.)

    Including virtually every firm of solicitors in the land..... :p
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Communications Act 2003 is the relevant legislation for UK electronic communications. I believe a name is required - but have not read whole Act to check.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    It's the Equalities Act 2010 by the way, that I think you were thinking of earlier, rather than Disabilities Act.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    The correct name is the Equality Act 2010 ;)
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • BOD1467 - I didn't mention the relevant legislation in my earlier post! I was just pointing out that the BPA aswell as the PPC are now discriminating against disability, together with pointing out BPA's failure to administer sanction points. It was an oversight on my part not to include the Equality Act 2010 which Stroma correctly points out is the relevant legislation (and which I have already used to pursue compensation from various companies on behalf of others) and the post was done in the early hours.
  • redmike123 wrote: »
    I am sick of disabled car parking spaces. One or two maybe, but not rank upon rank of them in carparks. If disabled people are unable to stagger an additional 20 yards or so to the supermarket doors , then perhaps it the Almighty's way of telling them that they shouldn't go.

    Oh my life!! Really Redmike??? I'm sure you don't mean to come across as shallow and self-centered. Perhaps you might want to think about that comment.
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    bod1467 wrote: »
    It's the Equalities Act 2010 by the way, that I think you were thinking of earlier, rather than Disabilities Act.

    Yep, that's it. I knew it had changed, but just couldn't remember what to and as I was out having a few drinks with work, wasn't in a position to check.
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    redmike123 wrote: »
    I am sick of disabled car parking spaces. One or two maybe, but not rank upon rank of them in carparks. If disabled people are unable to stagger an additional 20 yards or so to the supermarket doors , then perhaps it the Almighty's way of telling them that they shouldn't go.

    Its quite a simple mathematical equation you see a percentage of people are disabled, so a percentage of parking bays are for the disabled.

    I hope it is to the almighty's liking that you never need one.
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    So no response from the BPA to my last email, other than a received with thanks, which was last Friday, so just sent them another wee email to keep them on their toes -

    Good afternoon,

    I have yet to receive a satisfactory response to my complaint reference APCOA. I assume by this that your AOS COP is a load of rubbish and not worth the paper it’s written on or the bandwidth that it uses up? The BPA appears to be an old boys club set-up to hoodwink the motorist in to believing that parking on private land is a legitimate business, but really you are implicit in the extortion of money from innocent people.

    http://en.wikipedia.org/wiki/Extortion

    Your AOS COP clearly states –

    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.

    Nowhere in your AOS COP does it state that this just applies to disabled bays, so in accordance with your AOS COP, APCOA breached your rules and yet you don’t feel the need to do anything about this?

    As I am sure you are aware, Land Owner/Lease Holders have a legal obligation to abide by the Equality Act 2010 by making reasonable adjustments and I feel APCOA, and by association the land/lease owner have breached this act and therefore the Law. I take it by your inaction, you are happy for your members to break the law, without any sanctions from yourself?

    I see from various internet sites that another of your members, Parking Eye are issuing Small Court Claims like confetti and in many cases, if not all with no legal claim to any money? Again I assume you are happy this practice, which used to intimidate the innocent motorist?

    I thought that one of the arguments used by the BPA, to gain Register Keeper liability was that you would set-up an Independent Appeals process, which granted you have, POPLA and this would reduce the issue of Small Court Claims. Is it true, that in actual fact, the opposite is true and Small Court Claims have gone through the roof, due to Parking Eye?

    Regards.
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Well would you believe it, the BPA actually replied to my email above...

    Thank you for your e-mail.

    BPA – xxxxx.

    Please be aware that this is not in breach of our Code of Practice. However, we will contact the operator again in regards to the free parking only if parked within a disabled bay.

    Once we receive a reply, we will be in touch.

    Kind regards,

    AOS Investigations Team

    So clause 16.5 is a waste of time, as the BPA don't enforce it.
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