Forgot to Display Blue Badge - PCN issued CMS Ltd

bovisand100

Last Thur (14/11/13) myself and my wife who is disabled and a Blue Badge holder visited Wickes at the Robin Park Retail.

We parked in a designated disabled space but forgot to display the Blue Badge. Heavens only knows why, as its something we do automatically every time we use any kind of disabled spot. It was however dark and it was the first time we had visited this particular site.

I asked on entering the store about parking charges and was told it is free for the first 90min.
We made our purchase and was out within 10min - only to find on the windscreen a PCN issued by CM Services Ltd and a demand for £100 (£60 if paid within 14 days) for not displaying the Blue Badge.

I have spend the last few days pouring over this very informative forum trying to educate myself about these scandalous charges.
I would like to get the ball rolling re appealing and would like to ask for a bit of guidance:
1) Shall I write to Wickes head office (the actual store were sympathetic but couldn’t help). I understand Wickes have come up trumps in the past - has anyone any contact details.
2) Shall I write to the landowners - attaching a copy of Blue Badge
3) Shall I write to CMS - again attaching a copy of Blue Badge
4) Shall I just wait for the NTK.

Could someone explain to me what ‘keeper liability’ means re POFA.
I notice past advise has been to ignore, but not any more. Does it mean they can ultimately pursue the keeper regardless of who was driving.

Thanks in advance.

martmonk

bovisand100 wrote: »

1) Shall I write to Wickes head office (the actual store were sympathetic but couldn’t help). I understand Wickes have come up trumps in the past - has anyone any contact details.
2) Shall I write to the landowners - attaching a copy of Blue Badge
3) Shall I write to CMS - again attaching a copy of Blue Badge
4) Shall I just wait for the NTK.

.

Make number 4 below number 1.

4) Shall I just wait for the NTK.
YES

then yes to the rest but after you have the NtK and always in the third person - so, 'the driver' etc.

Actually I suspect you could write to Wickes now if you were careful with the wording, so;

I am registered keeper of, the driver on the day in question received a windscreen notice for no blue badge (which doesn't apply on private land), anyway here is a copy of the receipt and a copy of teh blue badge. Please have this cancelled.

Others will be along soon to comment on whether this is sensible or whether to just await the NtK as was my first instinct.

EDIT - the store are likely lying, I'd demand to speak with a manager, they can have it cancelled for you.

Coupon-mad

1) Shall I write to Wickes head office (the actual store were sympathetic but couldn’t help). I understand Wickes have come up trumps in the past - has anyone any contact details. Yes and the contact details are shown in the sticky thread 'successful complaints about PPCs' in post #3

2) Shall I write to the landowners - attaching a copy of Blue Badge
not yet, try Wickes

3) Shall I write to CMS - again attaching a copy of Blue Badge
Not yet, wait for the NTK as your position is stronger that way.

4) Shall I just wait for the NTK.
Yep after sending an email complaint to Wickes, with a copy of the Blue Badge. Don't identify the driver, just say 'we parked' and 'here is the occupant's Blue Badge' but also make sure you actually word it as a complaint about harassment.

bovisand100

Excellent advise - thank you.
I forgot to say: Robin Park retail park is in Wigan.

Coupon-mad

That retail park already features in a link on the 'successful complaints about PPCs' sticky thread I think...or search the forum for the keyword 'Robin' or 'Wigan' to find other threads we have had about that place, as I recall several. Not even sure CM Services used to be there, I think they've changed their car park scammer and am not even sure they are a BPA member...is it this lot 'Comprehensive Management Services Ltd':

https://forums.moneysavingexpert.com/discussion/4822359

and discussed here on a similar thread where the OP has ignored them and has received nothing yet (and should not hear from them):

https://forums.moneysavingexpert.com/discussion/4790799

...certainly no reason to contact the PPC if unsure if they are a BPA AOS member. If they are not, they can't get your data from the DVLA.

ffacoffipawb

Coupon-mad wrote: »

That retail park already features in a link on the 'successful complaints about PPCs' sticky thread I think...or search the forum for the keyword 'Robin' or 'Wigan' to find other threads we have had about that place, as I recall several. Not even sure CM Services used to be there, I think they've changed their car park scammer and am not even sure they are a BPA member...is it this lot 'Comprehensive Management Services Ltd':

https://forums.moneysavingexpert.com/discussion/4822359

...certainly no reason to contact the PPC if unsure if they are a BPA AOS member. If they are not, they can't get your data from tRhe DVLA.

That car park still uses the wording '... will be fined.' In its signage, which is wrong as it is a private car park and so nobody can be 'fined' by them.

Coupon-mad

Interesting, would be good to see a picture of that sign to help newbies if ever CMS do join the BPA again. I wonder if they were kicked out as I have Googled them and found they have infested Robin Park for years, and used to follow up their fake PCNs with letters...

bovisand100

I will take some photos of the signage and post them on the forum.


Proposing to email the following to Wickes customer services. Used a number of posts for reference. Didn't want to be to stroppy at this point until I give Wickes chance to play the good guy. Any comments much appreciated.


Dear Mr ........... ,

Request to have a Parking Charge withdrawn
Notice reference AA ............

On (14/../13) myself and my wife who is disabled and a Blue Badge holder visited your Wickes branch at the Robin Park Retail site in Wigan.

We parked in a designated disabled space but forgot to display the Blue Badge. Heavens only knows why, as its something we do automatically every time we use any kind of disabled spot. I did however ask on entering the store about parking charges and was told it is free for the first 90min. So didn’t foresee any problem.

We made our purchase and was out within 10min - only to find on the windscreen a Parking Notice Charge (PCN) issued by CM Services Ltd and a demand for £100 (£60 if paid within 14 days) for not displaying a Blue Badge.

I understand you are close to the JJB Stadium and on match days parking abuse must be a problem and your 90min rule needs to be enforced.
HOWEVER, this wasn’t a match night it was 6.30 in the evening, it was dark, we had never been to this site before and the car park in front of your store was all but desolate - we could have parked anywhere - for 90min - FOR FREE.

It is my understanding that the Blue Badge scheme does not apply on private land and if CMS Ltd were to continue to pursue a charge for this outrageous ‘fake’ PCN against a genuine disabled customer once the issuing agents are made aware of the fact would be harassment, discrimination and a breach of the Equality Act 2010.

It doesn't actually matter what the signage may say, because the LAW says that any disabled person can use that bay.
The 'disabled bay' is in fact a 'reasonable adjustment' under the Equality Act for anyone who fits 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 said bay (because it's wide and/or because it's close to the store). The law does not say they have to display a Badge on private land any more than they have to have grey hair or a wheelchair.

I realise that you are not the landowners but as a major tenant on this site I know you will have some influence and in the interests of Wickes caring customer relations I am therefore asking you to use your good offices to have this charge withdrawn.

I have attached copies of store receipt (only aggregate this time - but have purchased a kitchen in the past), copies of Blue Badge and of course the PCN ticket.

Yours sincerely

ffacoffipawb

This is the sign from Google Maps ....

https://maps.google.com/?ll=53.543565,-2.652673&spn=0.000003,0.003455&t=h&z=19&layer=c&cbll=53.54353,-2.652458&panoid=ldQ2Lqjulf_NhownzFYGxw&cbp=12,334.42,,1,12.39&source=gplus-ogsb

We shall not be fined ....

Guys_Dad

I would remove the two paragraphs starting "It is my understanding........" and "It doesn't actually matter............................wheelchair".

The reason is simple. You are asking for a concession from them - you want them to intervene and try to get the ticket cancelled. These two paragraphs, however correct they may be, are provocative and probably don't tell them anything they don't know.

The rest of it comes over as honest and accepting that you slipped up. I would keep it like that, rather than "I know my rights".

That's my take on it, for what it's worth

bovisand100

Thank you Guys Dad - valid advice