UKPC Blue Badge Policy

tomonthebus

Dear All

A relative had a Parking Charge Notice from UKPC on a Westfield Merry Hill Car Park.

She appealed to them and they said the in consideration of the information my relative provided, and on the basis that she is a valid Blue Badge holder, they are wanting £15 to pay it off. They go on further to say that they are donating 10% of the £15 to a registered disabled charity.

This, it seems is a recent addition insofar as someone else a couple of months ago had one and they appealed, they accepted the challenge.

Does anyone know where this policy can be found and if it is enforcable?

Cheers

pogofish

Tell them to take a running jump! :eek:

The Blue Badge Scheme does not apply on private land - And your relative should know this as it is spelled-out clearly in the handbook that came with their badge and on the issuing authority website.

So UKPC cannot have any kind of "Blue Badge Policy" as it is the Equality Act that applies here and under that, any person with a qualifying disability is entitled to an accessible space, regardless of their having a badge or not.

So why not, instead of engaging with these scammers, simply insist on a POPLA code and put this rubbish before them, you will get this overturned without any charge!

And frankly, alerting the local press, council or EHRC to this attempt to defraud a disabled person might also be a very viable way to go?

tomonthebus

I have just been advised that when they went to see the UKPC representatives in the Centre Management Suite at Westfield Merry Hill, they advised her who advised “that there would be no concessions to Disabled People and that there is a £15 administration charge” when she went in person to make a written appeal when the "ticket" was issued.

pogofish

That is quite shocking. Contacting the EHRC or a letter before action to the centre would be very much in order. UKPC cannot get away with that - Once informed of a disability, failing to provide a reasonable adjustment under the Act is a very serious matter! :mad:

And the Centre can be held jointly and severally liable for UKPC's actions, so you would involve them in any action arising from this.

Hopefully Coupon-Mad will be along soon with some very useful practical advice on how to get these jokers off her back!

trisontana

I wonder who that charity is? Could it be our old friend (and chum of PPCs) Disabled Motoring UK?

Guys_Dad

Best to get more information.

Some car parks - the NEC for example - have Disabled Parking spaces but no concessions as far as paying goes.

So what did your relative get a Parking Charge for?

tomonthebus

Guys_Dad wrote: »

Best to get more information.

Some car parks - the NEC for example - have Disabled Parking spaces but no concessions as far as paying goes.

So what did your relative get a Parking Charge for?

She has a Blue Badge but forgot to put in as she suffers from Arthritis.

nigelbb

tomonthebus wrote: »

They go on further to say that they are donating 10% of the £15 to a registered disabled charity.

Call me cynical but I reckon that is an out & out lie.

Guys_Dad

tomonthebus wrote: »

She has a Blue Badge but forgot to put in as she suffers from Arthritis.

Thanks for the clarification.

Be aware that POPLA have a hard attitude to forgetting to display a blue badge I quote from the lead adjudicator's report

If parking in a particular bay requires that a Blue Badge be displayed in the
vehicle, then the motorist should not assume that they can park there without
one, just because they or their passenger are physically challenged. They could
not do so on-street. Whilst on a public road display of a Blue Badge may give
statutory rights, in a car park its display may be part of the contractual terms.

So, if it comes to a POPLA appeal, you will definitely need to use all of the standard appeal clauses and not rely on the "forgetting" mitigation.

Coupon-mad

tomonthebus wrote: »

She has a Blue Badge but forgot to put in as she suffers from Arthritis.

So it's not really clear if they have accepted her appeal or not. I would send them this letter below which I have amended from one used successfully against UKPC here on pepipoo, where I post as SchoolRunMum. UKPC don't like it up 'em! :

http://forums.pepipoo.com/index.php?showtopic=78168&st=20&gopid=837960



So try something like this (remove any critical bits if you're not comfortable with it all, of course, it's your relative's letter but should be hard-hitting):


'Dear UKPC,

I am astonished that you think any person - but especially a genuinely disabled person who parked in a disabled bay - should be expected to pay you £15 even though you appear to have accepted my previous appeal. I am sure that the DVLA, BPA and Trading Standards will be equally astonished when I share this information with them.

I see you are leading me to believe that some of this £15 would go to 'charity'. Looking at your website this must be DMUK's idea. Shame on them; a notorious 'disabled motoring charity' which does not deserve a penny of disabled motorists' money for continuing to give private parking companies like yourselves a veil of legitimacy.

Somewhat surprisingly, my research has shown that before DMUK were listed on your website your policy on cancelling fake PCNs on production of a Blue Badge was reasonably fair and almost compliant with the Equality Act 2010:

''Our Company Policy on Disabled Parking
- We do not penalise the vehicles of disabled badge holders at any time.
- We do not penalise the vehicles of disabled badge holders for staying over the time limit allowed by the client.
- If no valid disabled badge is on display and a parking charge is issued to the vehicle, then this will automatically be cancelled on the production of a copy of the owner's blue badge.''

So, now you have DMUK on board as a partner, you now do 'penalise' people and your policy promise has been replaced by an advert touting for their membership:

http://www.ukparkingcontrol.com/Disabled-Motoring-UK.html

Let's leave aside for the moment - as I can save it for POPLA if you persist - the obvious arguments that the Blue Badge scheme doesn't apply on private land and any disabled person who needs it, has a legal right to use a 'reasonable adjustment' such as a disabled bay, and they are entitled to use it unharassed and without proof of need.

So, the position now is that I am left not knowing for sure whether you have cancelled the fake PCN or whether you will pursue it if I don't pay the £15. I require you to explain by return, how you think you can circumvent POPLA by neither fully cancelling the 'charge' nor giving me a verification code to appeal further.

Your £15 demand isn't even listed as an option in the BPA Code of Practice, as an allowable response to a challenge.

Should you attempt to pursue the £15 'charge' I can tell you that I will be complaining in the strongest terms to the BPA, the DVLA and Trading Standards about your aggressive and unjustified ticketing of customers and your multiple breaches of the BPA Code of Practice. And the Equality Act breach of course.

I am aware that various local Trading Standards Departments already have files on UKPC's business practices and that your firm was taken to Hull Crown Court in 2011 - but I wonder if your client in Westfield Merry Hill car park is aware of the darker side of UKPC's chequered history and what they would make of being named as defendants in a small claim, as jointly and severally liable to pay damages for your disability discrimination.

I suggest you write to me again by return to confirm that all charges are cancelled.

(up) yours''





*UKPC taken to court in 2011 for unfair practices