UK CPS Ltd - what shall I do??

Guys_Dad

nigelbb wrote: »

However the BPA Ltd CoP states that:-

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

This means that no vehicle displaying a blue badge should ever be issued with a parking charge as there is invariably a concession for blue badge holders (they can park in disabled parking bay whereas it costs other motorists £100 to park in that bay)

I don't agree with your reading of this that in no circumstances whatsoever should a blue badge holder ever receive a ticket under the current parking legislation.

If a landowner deems that all users, regardless of disability, are liable to pay for the use of the car park - as in the NCC at Birmingham - then being a disabled driver does not give you a carte blanche to avoid paying and displaying, and that a reasonable charge for the facility is right and proper. In this case, apart from the provision of disabled spaces, there is no financial concession and, therefore, 16.5 would not apply and your deduction is incorrect.

In the current regime, therefore, any blue badge driver who parks and does not buy a ticket in a car park where there is no free parking for blue badge holders is just as liable to be ticketed as an able bodied driver.

Stroma

16.5 does not say that, what it says if a valid blue badge is displayed they must not give a ticket, its not dependent on other things its specific, it's no should, it's a must!

Now that I believe is for them to comply with the adjustment in time that would probably apply if a disabled person appealed. Now most people are decent hard working and moral people, they would pay to park. And we should ensure that doesn't change.

Guys_Dad

Stroma wrote: »

16.5 does not say that, what it says if a valid blue badge is displayed they must not give a ticket, its not dependent on other things its specific, it's no should, it's a must!

Now that I believe is for them to comply with the adjustment in time that would probably apply if a disabled person appealed. Now most people are decent hard working and moral people, they would pay to park. And we should ensure that doesn't change.

No it does not. It is qualified by the wording "16.5 If your landowner provides a concession that allows parking for disabled people,"

If no concession is made to allow disabled drivers to park for free, then that does not apply.

Personally, I believe that blue badge/disabled drivers should be permitted to park for free, but equality also means that they should be treated equally and if there is a paid service being offered with clearly displayed t&c, then disabled drivers are equally liable to pay for the service, and they don't, then they should be treated equally to able bodied drivers who did the same.

Stroma

Every service provider like a supermarket must make a concession for blue badge holders in their car parks, that is why they have these parking bays. The simple fact is the cop is full of contradictions, but this term in it is not a should its a must! They must not ticket, its that simple

Guys_Dad

Stroma wrote: »

Every service provider like a supermarket must make a concession for blue badge holders in their car parks, that is why they have these parking bays. The simple fact is the cop is full of contradictions, but this term in it is not a should its a must! They must not ticket, its that simple

If it was that simple, then the words "If your landowner provides a concession that allows parking for disabled people" would be superfluous.

The simple thing is that if it is a Pay and Display and disabled drivers do not get free parking, then they are equally liable to pay and for any extra charge in the same way as an able-bodied driver. That is equality.

Stroma

I am disagreeing with you on this, the matter of fact is that the CoP says they must not ticket, it doesn't say it depends on other parts of the cop. As I said it contradicts itself over the entire document. And tell me where it says disabled people must pay ?

zzzLazyDaisy

Guys_Dad wrote: »

No it does not. It is qualified by the wording "16.5 If your landowner provides a concession that allows parking for disabled people,"

I agree with Stroma on this -

It doesn't say 'if your landowner provides a concession that allows FREE parking for disabled people' (in which case you would be right)

It simply refers to the existence of a concession for disabled people - this can include providing bays specifically for disabled people closer to the store and/or wider than a normal bay (which are both a concession to disabled people) as well as or instead of a financial concession (which definition may include cheaper, as well as free, parking).

In my view if they really do mean that PPCs must not levy a charge on vehicles displaying a blue badge where the landowner offers free parking, they would (should) say that.

Daisy

Guys_Dad

Stroma wrote: »

I am disagreeing with you on this, the matter of fact is that the CoP says they must not ticket, it doesn't say it depends on other parts of the cop. As I said it contradicts itself over the entire document. And tell me where it says disabled people must pay ?

Since we agree generally on most things, we can agree to differ on this one without falling out. My point was that disabled drivers have the same responsibility to pay for services unless the provider specifically makes an exception, and, therefore, they have the same financial obligations as able bodied drivers and on this issue should be treated equally as this is not a disability issue.

On your last point, I was not suggesting that this was a P&D park. In post #36, Daisy mentioned a different scenario relating to ANPR cams and I was adding to that post in post #37, not suggesting that P&D was relevant here.

Sorry for straying a bit off the original topic here, folks, but exchange of views and agreeing to differ isn't always a bad thing if it airs views reasonably.

shellybpool

Thank you so much for your help/replies. I have just got off the phone with British Land who are the landowners & this will be voided (as they say rescinded).. they will be phoning me back when this has been done. Very nice gentleman I spoke to who was very apologetic.. thanks once again x

zzzLazyDaisy

Brilliant! Well done! You will probably find yourself a place on Coupon-mad's Hall of Fame now :beer: