Clogged

Cloggie

On a job as a mini cab driver I was sent to pick up a woman from Matalan and was requested to go in and help her as she was disabled. I parked as close to the store as I could, which admittedly was in a Disabled bay and went in to find my customer.
Returning to my car minutes later I discovered a parking ticket issued by Smart Parking. Do I have any grounds for appealing and either way how is this possible as when I go on to the web site and put my registration and reference number in the notice cannot be found. where do I go from here?

Stroma

Yes complain to Matalan, you are a taxi driver doing a job for one of their clients , tell them that as you are picking up a disabled passenger they must give a reasonable adjustment under the Equality Act 2010, and the actions by their agent is unlawful.

A couple of things with dealing with this

1) are you the registered keeper?
2) is this England or Wales ?
3) have you contacted smart parking yet?

Thanks

Cloggie

Thanks for advice. This is England, I am driving a hire car and as yet I have not contacted Smart parking because when I go to appeal or pay the fine on there web site I keep being told the the information hasn't come through to them try again in 24 hours.
Would it be beneficial to take a photo of this page to have dated evidence that the ticket has not been acknowledge?

Stroma

Normally you don't do anything until you get a notice to keeper that must be with you between days 29-56 after the ticket, the reason I ask are you the registered keeper is because they will contact them if it's not you.

So because it's a hire car send an appeal on what I said, don't let on you are in a hire car, you can send the appeal to them via snail mail and with proof of sending from the post office and via their website.

If you don't do this expect the hire company to charge you an admin fee and to pay this, then you have a fight on your hands with them.

Coupon-mad

Cloggie wrote: »

Thanks for advice. This is England, I am driving a hire car and as yet I have not contacted Smart parking because when I go to appeal or pay the fine on there web site I keep being told the the information hasn't come through to them try again in 24 hours.
Would it be beneficial to take a photo of this page to have dated evidence that the ticket has not been acknowledge?

Send an appeal by post if the online system is playing up. Say exactly what Stroma told you to do and do it before 28 days are up from the date of the incident. You need them to be corresponding with YOU as the driver so you can win the appeal in the end.

The last thing you want is for the hire co to be involved so appeal quickly and DO NOT MENTION the fact it's a hire car at all, in your appeal.

Also go in next week to the store with the offending fake PCN and have a word with the Store Manager and ask them to cancel it as you were collecting a disabled passenger and you suspect the CS staff may have made a note of calling the taxi firm for the disabled lady.

Either way, even if the lady called the taxi herself, a taxi driver is allowed to use a Supermarket disabled bay to pick up a disabled passenger. Under the Equality Act 2010 the passenger is allowed the 'reasonable adjustment' of her transport being parked right outside in such a bay - and you could not have had her Blue Badge as you were collecting her!

Do not take no for an answer at Matalan and tell them they are liable for the actions of this parking agent - unless this is a multi-store retail park in which case you may have to escalate the complaint to the retail park landowner or managing agent (Google the name of the place to find them).

Bottom line is it's easier to get it cancelled nice and early with an assertive complaint. Takes longer if you have to win it on appeal.

And you WILL NOT be paying it anyway because if you have to appeal you'll win as long as you respond quick enough so that Smart never write after day 29 to the hire firm. They CANNOT if they know you were the driver.

Cloggie

Thanks for the advice I did actually go into the store last week and try to get it cancelled but they said they don't have the power to do this. Do you have any useful quote I can use to convince them that I know they do ?

Stroma

Well if the store is not willing to cancel go above them to their head office, inform them as a licensed taxi driver collecting a disabled client of theirs, they are in breach of the Equality Act 2010, tell them that as they know the person was disabled they must make reasonable adjustment.

Also go along the lines of that your firm will no longer pick up or drop off passengers at their store, and you will be consulting with the private hire/hackney trade drivers and firms to also not pick up or drop off at their store.

Involve the local press in this as well, taxi driver gets parking ticket for picking up a disabled passenger will embarrass them

peter_the_piper

I love a bit of blackmail on a Sunday afternoon.:rotfl:

Coupon-mad

Cloggie wrote: »

Thanks for the advice I did actually go into the store last week and try to get it cancelled but they said they don't have the power to do this. Do you have any useful quote I can use to convince them that I know they do ?

Exactly as I typed it above your post. The only way Matalan aren't liable would be if this is a multi-store retail park where the managing agent took on Smart Parking...and I covered that as well, where I wrote about the Google search needed.