Blue Badge PCN theoretical advice if you please.

Pogit

If someone woke :eek: and found a PCN attached to their vehicle and upon inspecting it, appeared to be a PCN from UKCPS for failing to display a blue badge when using a shopping centres disabled bay the previous day what would be the appropriate actions to take.

For arguments sake it would be safe to assume that the vehicle is taxed as a disabled, the vehicle clearly is marked with blue badge stickers (front drivers and rear window) and the person was using the vehicle within the guidelines although the official badge may have slipped out of optimal view while moving between spaces in the same car park and therefore may not have easily been seen by the attendant, but it would of been seen, and a quick tax disk check would shows the vehicle as being disabled class/ exempt.

Any thoughts on best actions to take in this situation, worth noting in this example the PCN was poorly positioned and water damaged to a point it was hard to decipher.

Redx

plenty of discussion about it in this thread here

https://forums.moneysavingexpert.com/discussion/4833283

also read this

https://forums.moneysavingexpert.com/discussion/4810140

if you search the forum using keywords like equality or blue or badge (equality as in equality act 2010) you will find many posts about the BB and private car parks

bod1467

I would ignore the windscreen notice and wait for the Notice to Keeper through the post (if it ever comes - should be between days 29 and 56 after the windscreen ticket).

I would also take the ticket to the store/site owner and demand it is cancelled. (See the recent sticky threads at the top of this forum).

esmerobbo

Wait for the NTK then appeal to UKCPS they do actually cancel them if a badge is produced. (sometimes)

Meanwhile complain to the stores!

Dont ignore UKCPS they do like a disabled bay case!

Pogit

Thank you for the quick replies, I had briefly read some other threads including the one above, and to put it bluntly it was confusing and looked a little argumentative. Several people were also asked to start new threads rather than adding to existing ones.

In addition to my OP the store is a national chain and the neighbouring store a big national/internationa chain both of which advised that the carpark was owed by the local co op and didn't want to add any more.

I went into the local coop were I was advised all the staff get tickets and they just ignore them.

I know From other posts this carpark is issuing lots of tickets because people parking and not using the shops. I did use the shop and do have a blue badge so can prove correct usage of the bay.

I am aware that the PCN company imply you have no choice but to pay and really rely on the threat of sanctions and I won't be bullied into paying but neither do I wish to hinder my case or abuse the system after all it's there for a reason.

So any definitive do's or don't are appreciated.

esmerobbo

"Do" as advised.
"Dont" ignore it!

Redx

the BB display is not really all that relevant as it does not really apply to private parking , the point is that the person has a disability and parked correctly

have a read of this thread as its similar to your case as far as the BB goes

https://forums.moneysavingexpert.com/discussion/4812501

the point there was that a strong complaint from the BB holder to the store reminding them of their responsibilities under the Equality Act 2010 worked as they are equally liable having employed the PPC in the first place

do not ignore the pcn , also do not ignore good advice from here either

the vehicle was correctly parked according to the needs of the BB holder

no loss was made by the landowner

the shopper went about their lawful business in the shop (if you have receipts or bank statements to prove this ? )

the point is to get it quashed before you even get an NTK

spacey2012

The best action is never openly admit to what they say you did.
The legal term for this is called a "defence"

Pogit

Thank you all for your comments, the seasoned members seem to imply in that scenario the best option would be to wait for an NTK, as I mentioned the NPC was damaged and unclear and following the advice of the landowners staff was to ignore the NPC after all I could be interpreting the details incorrectly. My only issue with that is would the ticket issuer incur costs of having to chase me? And if so would I be liable, in Theory a quick phone call and returning to display my badge should solve the issue..

Redx

if it is waived by the landowner then thats the end of the matter

otherwise you wait for the NTK and appeal it

if that fails you appeal at POPLA

as long as you win at either of those 3 stages , no money changes hands (you pay nothing)

Pogit

Hi again,

I have just been on the phone to the Land Owners who say once a ticket is issued its out of there hands and contact has to be with UKCPS, it seem daft that this is happening. I'm considering writing a letter to the land owner possibly with a copy of the BB asking for the matter to be cleared up locally with minimal hassle it's not like anybody's out of pocket.

Any comments re that or should I just hold fire and keep bits in the event a NTK arrives.