PCM at Bluewater

Kentboyjohn_2

Hi all
New to the forum and have read much on this subject but want to be up to date with current law.

Today I took my 92 year old disabled mum to her bank at Bluewater she did not renew her last blue badge as it was rarely used. I needed to access the passenger door with her wheelchair so parked temporarily on a disabled parking slot while I took her into the centre. A few minutes later I returned to the car with the intention of moving bays to find a PCM ticket on the windscreen. I agree with the policing of disabled bays without question but I feel a little gutted as the bay next door was a similar sized parent and child bay where the occupants were returning to their car with no children so policing one bay on the grounds of no blue badge seems a little hard if they don't police the other bays. I have a photo of mum in her wheelchair with the parking fine and will appeal but feel it will only generate more mail and larger fines which I have to say I have no intention of paying. Could someone guide me as to what I should do. My car is a company car so I will definitely need to advise I am the driver.

Umkomaas

Have a read through this very helpful thread which will take you through what you need to do.

https://forums.moneysavingexpert.com/discussion/4816822

You should wait until you get a Notice to Keeper through the post, do NOT make any contact with the PPC, despite any instinct to do so, until you get the NtK.

Bluewater has featured on the forum a number of times, so try a search on the name.

4consumerrights

You should wait until you get a Notice to Keeper through the post, do NOT make any contact with the PPC, despite any instinct to do so, until you get the NtK.

This advice is normally correct, but I think Umkomaas must have just skim read your original post and overlooked the fact that it is a company car which rather alters the state of play. If you follow the thead given above in this instance it is better to respond rather than to wait until your company receives the notice to keeper, who may then decide to pay the charge and collect the money back from you.


Your case is a classic one involving disability discrimination under the Equality Act and I have penned the following letters for you to send to the centre manager and the PPC:




LETTER TO CENTRE MANAGER:

As a customer visiting your retail complex on ……………….., I am very angry in the manner I was treated when parking on the site.

The driver visited your retail complex with his disabled 92 year old mother who is wheelchair bound only to receive a parking charge notice for parking in as disabled bay, allegedly without displaying a blue badge.

As you are aware under the Equality Act 2010, providers of goods and services are legally bound to make reasonable adjustments for disabled users of their facilities with no charge imposed on the user whatsoever. The provision of disabled parking spaces is provided under this legal remit.

However, the blue badge scheme has no legal relevance on private land and only has a legal standing for on-street parking, where in fact inspection to its validity and correct use can only be carried out by certain personnel, namely police officers and council civil enforcement officers (formerly called traffic wardens). Even these personnel have no powers of inspection and enforcement under current legislation on private land, so in essence your car parking management agents have no legal powers of inspection.

By using various descriptors of different scenarios of parking at Bluewater, the parking company is beaching the Equality Act by discriminating directly, indirectly and discrimination by connection of a disability (using a blue badge is connected to disability).

The centre as principal landowner are jointly responsible with any sub-contracted agent to ensure that legal obligations are fully met.

As a valued and genuine customer of the centre, I therefore demand that you instruct the car parking agents to cancel this charge and look forward to your written confirmation by return.


************************
LETTER TO THE PPC
NAME AND ADDRESS OF PPC


Vehicle Reg NO: …………..
PCN NO: ………………………


Dear Sirs,

The driver of the above vehicle acknowledges receipt of the parking charge notice on (insert date) and denies all liability to pay aforesaid charge.

The allegation of parking in a disabled bay without displaying a blue badge is refuted on the grounds a genuine disabled user, who was wheelchair bound was in the vehicle at the time. The blue badge scheme is not recognised on private land, however there is still the legal requirement to make reasonable adjustments under the Equality Act for disabled users (free of charge).

Your parking attendants have no legal authority to inspect the correct use of blue badges, which in fact can only be inspected in on-street parking by police officers or council officials. Your company are therefore carrying out acts of discrimination by connection to a disability as well as both direct and indirect discrimination by using different descriptors and parking scenarios. A copy of the photograph showing my disabled mother and the car is enclosed for your perusal.

I therefore look forward to receiving your written confirmation that this parking charge has been cancelled by return of post.

Should you refuse this appeal, then please forward a POPLA code for the next stage of the appeals process where I will include further grounds of appeal points, including the charge not being a genuine pre-estimate of loss (no loss incurred by not displaying a blue badge) and the extent of your contract with the landowner.

Yours faithfully


PRINT NAME
DRIVER

Coupon-mad

Send a pm to the poster called trubster who has suitable letters he used in the same circumstances against PCM (he actually WON at POPLA) only his case was against Meadowhall and he didn't let it go! Here's his original thread to read (yes another one to read, but it's very similar to yours, same PPC, and he's the one with the letters to use that work):

http://forums.pepipoo.com/index.php?showtopic=75213

trubster posts on here and on pepipoo, like I do.

Umkomaas

This advice is normally correct, but I think Umkomaas must have just skim read your original post and overlooked the fact that it is a company car which rather alters the state of play. If you follow the thead given above in this instance it is better to respond rather than to wait until your company receives the notice to keeper, who may then decide to pay the charge and collect the money back from you.

So many new threads, trying to help every one! Have to skim read many - every day, 7 days a week - have another life to live (and marriage to preserve) so can lead to occasional 'slip'.

Go with 4CR.

4consumerrights

Umkomaas wrote: »

So many new threads, trying to help every one! Have to skim read many - every day, 7 days a week - have another life to live (and marriage to preserve) so can lead to occasional 'slip'.

Go with 4CR.

I know the feeling! - It's difficult at times to concentrate on every word each newbie writes when the forum is so busy every day!
Everyone misreads a post occasionally U ! And yes we do all have our own lives to lead as well - don't jeopardise your marriage !.:)

Kentboyjohn_2

I am stunned at the speed and professionalism of the replies I have received above and thank you all. I will let you know how I get on :T

Guys_Dad

Irrespective of any other action, if company car is leased, then leasing company would need to be informed that you are dealing with it.

Kentboyjohn_2

Hi Guys dad. My company own the car and as a small company I will notify those who will see any correspondence so they don't pay the charge and pass it to me. :beer:

Kentboyjohn_2

Thanks 4consumerrights for your help. Not had a reply to my appeal to PCM yet but had this from the general manager at Bluewater.


Thank you for your email to Mr Robert Goodman concerning the Parking Ticket fine, you received here at Bluewater on Saturday, 16th November 2013.

Please be assured that we have requested that PCM cancel your parking ticket ?...............with immediate effect, so you should hear no further from them.

We respectfully acknowledge your comments and I can confirm that Mr Goodman’s office will be in touch with you shortly.

All guest feedback is very important to us, as it assists us to maintain the standards of service and facilities that you have the right to expect from Bluewater. This is why we are grateful to you for your comments and trust we can welcome you back in the very near future.


Yours sincerely,

:T:T:T:T:j:beer:

kirkbyinfurnesslad_2

Good to hear John