Help regarding parking ticket!

biggsy147

Hi, I recently went to the cinema and used the disabled car parking spots at the front of the car park, no just to be clear. I am severely disabled but my blue badge has expired so it wasnt put on display. 1 month later I received a parking fine for £100, I have sent a reply appealing this but all they did was send back a blunt reply saying the fine stands. I would be greatful if anyone has advice with what to do next, my car itself is a motabilty car, with disabled tax, which should clearly have shown the officer I am in receipt on DLA and therfore eligable to park in the spaces.

Thanks.

bazster

1.Did the refusal of your appeal include a POPLA code?

2. Contact the cinema company (head office, not the grunts in the actual flea pit) and point out to them that (i) according to the Equality Act 2010 you are entitled to have reasonable adjustments made for you because you are disabled, and you do NOT need a Blue Badge to prove this and (ii) they must get the invoice (it's NOT a fine) cancelled forthwith otherwise you will sue them in the small claims court for compensation for injury to feelings arising from their breach of the law.

Umkomaas

biggsy147 wrote: »

Hi, I recently went to the cinema and used the disabled car parking spots at the front of the car park, no just to be clear. I am severely disabled but my blue badge has expired so it wasnt put on display. 1 month later I received a parking fine for £100, I have sent a reply appealing this but all they did was send back a blunt reply saying the fine stands. I would be greatful if anyone has advice with what to do next, my car itself is a motabilty car, with disabled tax, which should clearly have shown the officer I am in receipt on DLA and therfore eligable to park in the spaces.

Thanks.

Was the charge from a Private Parking Company (if so which one) or from the Local Authority?

Did this occur in England or Wales. Just yes or no, no need for any other detail at this stage.

Coupon-mad is the Equality Act specialist on here, but tends to work the MSE late shift, so if you don't get any response during the day, I'm sure she'll be along this evening.

Meantime have a good read around the most recent posts on the forum to get a better idea about how we can help you. You're in good hands.

biggsy147

Wow thanks for the fast responses, really helpful! the company is UKCPS and it happened in Wales. No it did not include a POPLA code on the reply.

Thanks.

bazster

Timings are important here. How long after you received the notice did you send your appeal? And how long after sending your appeal did you receive the rejection? Do NOT post the actual dates, as they could be used to identify you!

Regarding my earlier advice about contacting the cinema company, it occurs to me that many cinemas are on leisure parks housing a number of businesses. In these circumstances it is possible that the cinema doesn't own or manage the car park, so you need to find out who does, and write to them. Often there will be a sign in the car park somewhere stating who the owner or managing agent is, or you could ask at the cinema or other business on the site - or simply 'phone the cinema's head office and ask them, they ought to know. If all else fails you can make an online enquiry of the Land Registry, it only costs a couple of quid if I remember correctly.

Note, however, that UKCPS is NOT the operator or managing agent, they are merely the lowlife scum (yes, that's you Peter) that the car park owners have unwisely allowed in to fleece their customers.

Once you've established precisely who is responsible, the advice still stands:

- Discriminating against disabled persons is an offence under the the Equality Act 2010, regardless of whether such person holds a Blue Badge

- The owner or managing agent of the car park is liable for the actions of its agent UKCPS, and is therefore liable for any breach of the law

- They need to be told this in no uncertain terms, and to have it pointed out to them that you are perfectly entitled to claim compensation for any illegal discrimination against you.

Umkomaas

biggsy147 wrote: »

Wow thanks for the fast responses, really helpful! the company is UKCPS and it happened in Wales. No it did not include a POPLA code on the reply.

Thanks.

UKCPS do have a bit of form in pursuing motorists (more often than not with a disability) parking in a disabled bay.

Do you happen to speak Welsh? There are one or two cases starting to emerge where the motorist is Welsh speaking who are conducting their cases in their first language - it does give the PPC another major hurdle to deal with.

biggsy147

Unfortunately the 28 day paying period had expired before I had even received the letter as it was forwarded on to me from my previous address! But when I did reply I had the rejection around 3 weeks later. I was just about to pay the fee had it stayed at £60 but it has now gone up, plus I feel I have done nothing wrong other than actually renewing my blue badge.

Thanks again for the advice, I will try to get all this information tonight ready to send a letter tomorrow!

bazster

What matters is whether 28 days had elapsed between when they sent you the notice and when you appealed, not whether 28 days elapsed since the date of the alleged offence.

You said originally that you received the notice one month after you parked. It seems very unlikely that a dope like Haswell could've got your details from DVLA and got a notice in the post to you within about two days. So, what was the time period between the date on the notice (or, even better, the date on the postmark) and the date of your appeal?

Incidentally, you have done nothing wrong - not even failing to renew your Blue Badge! The Blue Badge is a scheme applicable to the public highway only, it has no relevance on private land, and is totally and utterly beside the point when it comes to the Equality Act 2010. You are disabled: that's all that matters.

biggsy147

The thing is, i didnt actually receive anything on my windscreen, just a follow up letter saying the fine had increased! but i appealed within 10 days of the follow up letter, which they then responded too, stating I should have parked elsewhere. I will call the head office tonight to see what the company name is then write to them mentioning the above comments and fingers crossed, will get the fine cancelled!

Thanks for all of your help! will update if or when I get a response!

bazster

You could also write back to UKCPS telling them you received neither a Notice to Driver nor a Notice to Keeper, that you appealed within ten days of the first letter you received from them, and demanding that they provide you with a POPLA code.

Umkomaas

bazster wrote: »

You could also write back to UKCPS telling them you received neither a Notice to Driver nor a Notice to Keeper, that you appealed within ten days of the first letter you received from them, and demanding that they provide you with a POPLA code.

OP - you must get that POPLA code. If the cinema can't (won't) cancel it then POPLA is the quickest way to kill this off for good.