UK CPS Ltd - what shall I do??

Umkomaas

shellybpool wrote: »

I could say something about a stick & stuffing... but being a *cough* good girl will refrain

We'll help you through this - sleep easy

Guys_Dad

Those who read this forum will know where I stand with PPCs. I think the whole business stinks.

But I try to be objective. It seems from your initial post that there was no indication that the car was transporting someone with a disability - you mentioned nothing about a concessionary road fund licence. To all intents and purposes it was a car belonging to an able bodied driver pinching a disabled parking space. And this forum does not condone that. Did you leave a note or any indication that you had a mobility problem?

I simply ask how you would feel if there were no disabled spaces available and you found out able bodied drivers had nicked the spaces. You would no doubt want something done.

A straightforward appeal to the PPC stating the facts should in any reasonable world resolve the issue. And, of course, appealing through the store. I would be reserving my vitriol until the PPC when presented with the facts decided to reject the appeal.

As I said, I have no time for money grabbing PPCs but they deserve the chance to cancel the charge in the light of information they didn't have when they ticketed you.

Stroma

So does that make ticketing a disabled persons vehicle correct? Once the service provider is made aware of the fact they must make reasonable adjustments under the Act. Not to do so is the breach.

It could be argued also that the ukcps employee could have been aware of this situation by observing the person in the vehicle needing assistance. So by ukcps not training their staff properly, and probably encouraging ticketing by way of a commission that is a breach.

And as for the retailer, would they insist on a blue badge for the use of their mobility trollies ? There are clear breaches, lets hope they realise that this could lead to small claim being issued by the OP for this.

Guys_Dad

Stroma wrote: »

So does that make ticketing a disabled persons vehicle correct? I don't approve of the current PPC ticketing regime at all but as I said there was no indication from the initial post that it was identified as a disabled person's vehicle. Once the service provider is made aware of the fact they must make reasonable adjustments under the Act. Not to do so is the breach. Agreed

It could be argued also that the ukcps employee could have been aware of this situation by observing the person in the vehicle needing assistance. So by ukcps not training their staff properly, and probably encouraging ticketing by way of a commission that is a breach. That presupposes that the employee saw the motorist parking and the op hasn't said that.

And as for the retailer, would they insist on a blue badge for the use of their mobility trollies ? There are clear breaches, lets hope they realise that this could lead to small claim being issued by the OP for this.

Yes I agree, but only when the PPC and retailer have been made aware of the situation.

shellybpool

No I do not have or display a blue badge or free road tax... yet. This car park is on private land.. blue badge scheme is for public places. This is the lawful information I apply to::::

Most car parks provide disabled bays to meet the requirement in the Equality Act 2010 to provide ‘reasonable adjustments’ to those who fit the lawful definition of disability. That means the person has the lawful right to park there if they have a long-term disability and they have the need for a disabled bay (e.g. because it is wider, nearer the shops). For council-owned car parks and public roads, the blue badge scheme is run to enable holders to show that they have certain parking rights. However, the blue badge scheme does not apply on private land.

Often private car parks have signs demanding drivers display a blue badge when using the disabled parking bays, or risk getting a parking ticket. However, just because someone does not hold (or does not display) a blue badge does not mean they are not disabled; the Equality Act does not require the driver to display any sort of badge or permit. Anyone who fits the lawful definition of disability is entitled to make use of the ‘reasonable adjustments’. What they are in effect doing is adding arbitrary rules to the lawful right of someone to use a ‘reasonable adjustment’, and this could be considered a breach of the Equality Act.

Stroma

Sums it up really Shelly , that is it exactly

Coupon-mad

shellybpool wrote: »

No I do not have or display a blue badge or free road tax... yet. This car park is on private land.. blue badge scheme is for public places. This is the lawful information I apply to::::

Most car parks provide disabled bays to meet the requirement in the Equality Act 2010 to provide ‘reasonable adjustments’ to those who fit the lawful definition of disability. That means the person has the lawful right to park there if they have a long-term disability and they have the need for a disabled bay (e.g. because it is wider, nearer the shops). For council-owned car parks and public roads, the blue badge scheme is run to enable holders to show that they have certain parking rights. However, the blue badge scheme does not apply on private land.

Often private car parks have signs demanding drivers display a blue badge when using the disabled parking bays, or risk getting a parking ticket. However, just because someone does not hold (or does not display) a blue badge does not mean they are not disabled; the Equality Act does not require the driver to display any sort of badge or permit. Anyone who fits the lawful definition of disability is entitled to make use of the ‘reasonable adjustments’. What they are in effect doing is adding arbitrary rules to the lawful right of someone to use a ‘reasonable adjustment’, and this could be considered a breach of the Equality Act.

We all agree with you! You will not be paying this. Can you tell me whether that wording is taken from any document or link? Or did I write it on a post?!!

If the Retail Park Manager is useless, just wait for the first letter from UKCPS - which is a pile of template drivel which we have seen before, pretending that it is then too late to appeal (it is not!). ONLY when you get that first letter in October or November, then you challenge it. You could send them a copy of the Occupational Health decision that you are unfit for work & stating the Equality Act applies to you. Tell them that you have already complained to the Retail Park Manager so the principal (to UKCPS' agent) is already aware of the disability discrimination here. You will sue both parties for breach of the Equality Act 2010 if UKCPS pursue this at all so you suggest they cancel it immediately.

Here's a pepipoo thread where UKCPS actually cancelled at an early stage because the appeal was so strong:

http://forums.pepipoo.com/index.php?showtopic=79697&st=0

Yours has the disability discrimination in addition to that.


HTH but don't forget this is NOT for now, the challenge is a dish best served cold (when you get the first non-compliant letter - the idea is to let them dig their own holes with dodgy letters you can show to POPLA if you have to take your appeal to that stage).

Guys_Dad

I agree with disabled drivers having special parking spaces close to the shops and with sufficient width for wheelchair access.

These should be used only by the people that they were intended for. Regrettably there are selfish people who are able bodied and don't care and use these spaces. What I am saying is that you cannot have it both ways. The shops could say we have sufficient spaces and it's not our problem if yobs nick them (and I can live with that). That would satisfy the current thread but how long before disabled drivers complain?

So shops could bring in some scheme where they issue their own alternative to the blue badge but within a week we would be helping some driver who had forgotten theirs.

So, it seems that the way forward is the provision of the spaces on their own with no duty of care from the landowner to police the correct use. That's ok by me but only as long as no pressure group then blames the landowners for not "doing something".

Stroma

The way forward Guys Dad is that the individual person who is driving determines if they have a need for the disabled bays, retailers and their agents are not doctors, they don't know the situation of the person parking.

If someone makes a complaint saying that they are disabled the retailer/agent must make a reasonable adjustment for that situation. My personal opinion is that there should be no special bays for anything, just plan the car park properly and make the bays large enough to open car doors fully.

The only provision needed for disabled people is one in time, most supermarket/retail parks are never fully used ever, and providing the car park is planned wisely there would be no need for parking companies at all. The stupidest designs are ones where disabled bays are right next to the cashpoint machines for example.

And finally there are selfish drivers of vehicles and it doesn't matter if you are disabled or not, they are just selfish and that's it.

Guys_Dad

I agree entirely with that. Cars need sufficient space to open doors for all and the current widths are insufficient. And your point about being next to cashpoints is very valid.

I suspect that some disabled people and organisations will disagree about the spaces nearest to the shops not being reserved for disabled though.

But in the meantime dealing with the here and now, regrettably the OP is in a situation where an appeal situation is a fact - either the PPC / POPLA route or the Court lottery should a equality case be pursued. I believe that the PPC and store should be given the opportunity to cancel the charge before the threat of discrimination is made.