UKCPS PCN Disabled BB Holder

Magicaldebs

If you've managed to find the land owner that's great.

My first win was through finding the company who managed the shopping centre. I sent them a letter informing them of the BPA ruling around not giving tickets to blue badge holders and telling them that we and our family and friends would no longer be shopping at their centre, suggesting that we would now be going to the out of town shops which had free parking.

This letter was immediately forwarded to the land owner and the parking charge was cancelled.

Don't underestimate the effect of a letter of this type. Times are hard, they will not want to be losing regular customers and many land owners won't want to be bothered with all of this. Get them a fairly strong letter off in the post. I always send letters of this type by recorded delivery, just the fact that somebody has had to sign for it seems to make it more urgent.

Also follow CM's advice, it's invaluable.

Good luck
Debs

LeeS2013

Than you Debs, I took a look at your threads, was good to see you managed to win this way.

Just to update the company I contacted stopped managing the propert in 2011 however they passed me the contact details of the company who took over from them so have sent the same email to the contact they suggested there (can't commend them enough for their help and speed).

Fingeres crossed this new comany still control it.

Presuming I get a good response I will obviously post my email (which could be used as a letter as well) for others to use as a base.

LeeS2013

Fantastic news!

Just got this back:

[FONT=&quot][/FONT][FONT=&quot]Thank you for your note and apologies if it has taken sometime for you to find the correct individual.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]It is clear from the contents of your note that your father is registered disabled and I note you have offered to provide his blue badge, but in this instance I don’t think that is necessary.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I have instructed the car parking firm to cancel the ticket forthwith.[/FONT]

Getting in touch with the land managers really does help!

Thank you so much everyone for the help, at least I have it in writing, email or not, so I think it will be fine from here on out. I will edit the email I sent to remove sensitive info then post it here so others can use it.

Again thank you so much for your support especially Coupon for the shear volume of quality information you have provided.

Coupon-mad

That is great news - and our thread now joins the Hall of Fame here in this sticky thread:

http://forums.moneysavingexpert.com/showthread.php?t=4766249

I will add your case in a moment, in post #2, to help others. Can you name the car park, town and who actually 'runs' it in case anyone else gets a ticket at the same place?

:T

LeeS2013

Anchor Retail Park, Hartlepool

The land management firm are Sanderson Weatherall - Property management department based out of Leeds (oddly enough where UKCPS are based).

The investment firm that owns the land is Canda Life Ltd.

The following is the email I sent. (I should note I wrote an opening paragraph above this but it does not seem important, it was just an intro)

[FONT=&quot]If you still manage the Anchor Retail Park in Hartlepool I am writing to complain about the actions of your agents UKCPS. They have sent my disabled father ###name#### the registered keeper of a vehicle a parking charge notice reference ####### for £100 which is clearly a penalty charge, in breach of the [/FONT][FONT=&quot]Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999[/FONT][FONT=&quot].

I see no reasonable way UKCPS, Sanderson Weatherall (SW) or Canada Life Ltd have incurred a loss of £100 from my father parking in a disabled bay to visit the Currys and Argos store on this site, especially when parking is free at this location.[/FONT]
[FONT=&quot]My father is disabled and is fully entitled to use disabled bays, the car used on the day of this alleged offence has an exempt tax disk which is enough information to reasonably assume there is a disabled person on board. [/FONT]
[FONT=&quot]UKCPS are relying on unenforceable terms which purport to create an inflexible contractual term 'requiring' disabled people to display a Council (on-street only) Blue Badge in order to use a disabled bay. In fact, the Blue Badge scheme does not even lawfully apply in private car parks - as is shown in the Blue Badge booklet and on the Government website. In good faith, however, my father normally displays his Blue Badge of which I am happy to provide a copy if requested.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]The charge has been issued for a spurious reason against a genuine disabled shopper who was in the car and in his opinion did display his Blue Badge and Parking Clock on this visit (UKCPS have provided no evidence that it was not visible). As such, it not only breaches the BPA Code of Practice (which will lead to a separate complaint about UKCPS) but also breaks disability law.

In issuing a Parking Charge on this occasion, UKCPS have shown no regard for the Equality Act 2010 nor for the EHRC Statutory 'Equality Act - Code of Practice on Services, Public Functions and Associations' (see Chapter 5 'Indirect Discrimination'). This statutory Code became law on 6 April 2011 and applies both to UKCPS, SW and to the Anchor Retail Park and employees, as you are 'service providers'. If in doubt about this legislation I strongly suggest you refer to your legal advisers because it has repercussions which would relate to many of your policies and practices.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Further, it is illegal to harass a disabled person or subject them to any detriment (in this case the 'service' is the reasonable adjustment provision of the use of a disabled bay):

''EQUALITY ACT 2010
29 Provision of services
(2) A service-provider (A) must not, in providing the service, discriminate against a person (B)—
(a)as to the terms on which A provides the service to B;
(b)by terminating the provision of the service to B;
©by subjecting B to any other detriment.

(3) A service-provider must not, in relation to the provision of the service, harass—
(a)a person requiring the service, or
(b)a person to whom the service-provider provides the service.

In Excel v Greenwood on 4th October 2013, in 3QT60496 the judge decided that the Operator had a legal duty to make a 'reasonable adjustment' for a genuine disabled person even when (as in that case) no Blue Badge was displayed. The judge also commented that the defendant (a disabled man issued with a Parking Charge) would have been likely to have had a case for compensatory damages.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]I expect this charge to be cancelled within 14 days and if not I will seek legal advice and send this as a letter in writing to both your head office and Canada Life Ltd.
[/FONT]


I do appreciate any time you take looking into this matter and hope it can be brought to a quick conclusion to save any additional stress and detriment to my fathers already poor health.

A special thanks to everyone who I borrowed bits from for this!

Coupon-mad

Well done! You borrowed those words from one or more of my complaints & appeals on here or on pepipoo. Glad it worked, you wrote a good assertive complaint there.

I will add these details to the sticky for posterity and to help others.

LeeS2013

Yeah at lot of it was from your work, I hope you did not mind, it just seemed very well worded. I know I pulled the whole second half from one of your other statements though I could not remember the thread.

Again thank you for all your help, its very good of you to spend your time helping people like this.

Coupon-mad

I like it when people quote from stuff wot I wrote! And I like helping people in my spare time in the evening after work & kids & OH have taken up my day!