Not displaying blue badge

Lenny55

We called in Cardiff Bay Costa's and we had our daughter with us who has cerebral palsy and is in a wheelchair.
We took her in to Costa's and we just sat down when we saw a guy taking photos of the van.
I went out and asked him what he was doing he said I wasn't displaying a badge, I said I forgot and showed him the blue badge he said it was too late.
My wife brought my daughter out to show him that we had the badge holder with us he said we could appeal.
This was the 21st of November our appeal got turned down because they said I wasn't displaying the badge.
We have since appealed to Popla and are awaiting the result.
If the appeal goes against us what action should I take .

Umkomaas

Oh Jeez, did you appeal to POPLA by telling them 'what happened' and how unfair it was to ticket you, even though you showed them the blue badge after the ticket was issued?

They will reply, sympathising with your situation, but sorry, appeal rejected.

What timescale did POPLA give you for your appeal to be dealt with? Who was the Private Parking Company?

You might still have time to add to your appeal, but it must be on technical grounds, not mitigation.

Get back to us on the questions above, then we'll give you further direction.

hoohoo

Immediately email POPLA with your POPLA reference in the email subject line.

I wish to add the following points to my appeal.

1) The charge is for breach of contract and is not a true pre-estimate of loss. I require the operator to provide a breakdown of costs showing their calculations.
2) The operator is not the landowner and does not have the permission of the landowner to issue charges and pursue charges to court

Do this now. Tonight.

Later on we will talk about getting the landowner involved, but this is your priority.

kirkbyinfurnesslad_2

Please do exactly as the above , you will be fine if you get it emailed ASAP, but you must email it tonight and not faff around, just copy and paste exactly as instructed

Please also copy your original appeal.....

Lenny55

They were New Generation Parking I can't remember how long they said. *The Blue Badge scheme does not apply on private land and you are covered under the Equality Act 2010. Should the 'parking company' continue to pursue you/a genuine disabled customer once they are made aware of the fact, it would be harassment, discrimination and a breach of said act.
What the signs say is irrelevant, because the LAW says that any disabled person can use that bay, if they fit the lawful definition of disability. A person has the lawful right to park there if they/their passenger has a long-term disability and need the bay (for shopping etc) The law does not say you need to display a Blue Badge on private land.
This is what I sent them.

kirkbyinfurnesslad_2

Well popla doesn't take any notice of the equality act it seens.

So please copy and post what hoohoo said to popla now by email.

Enquiries@popla.org.uk and rreeve@popla.org.uk

Redx

the point here is that you need to add those extra appeal details to POPLA, not the parking company

ASAP

do it now , tonight, as soon as possible

so if those details are not in your appeal, you need them in it as they do not allow mitigation of any kind !! never

the expanded details are shown here

https://forums.moneysavingexpert.com/discussion/4816165 should you wish to QUICKLY draw up extra details, but the basics are in the previous posts in this thread

please follow this advice asap to the letter, as popla always come up trumps on those key issues (and never on mitigation)

please reply once you have emailed popla with the added info and grounds for appeal

Umkomaas

Lenny55 wrote: »

They were New Generation Parking I can't remember how long they said. *The Blue Badge scheme does not apply on private land and you are covered under the Equality Act 2010. Should the 'parking company' continue to pursue you/a genuine disabled customer once they are made aware of the fact, it would be harassment, discrimination and a breach of said act.
What the signs say is irrelevant, because the LAW says that any disabled person can use that bay, if they fit the lawful definition of disability. A person has the lawful right to park there if they/their passenger has a long-term disability and need the bay (for shopping etc) The law does not say you need to display a Blue Badge on private land.
This is what I sent them.

Actually Lenny55, you've got a decent 'grip' on the Equality Act 2010 there and well done for hitting POPLA with that.

As KIFL says they've studiously avoided making adjudications on the Eq Act when it has been used in an appeal; they have gone for the much more comfortable (for them) no genuine pre-estimate of loss shown.

Whilst I (and other regulars) would love to see POPLA forced into having to adjudicate that single Eq Act appeal point, I suspect you want this bringing to as swift and as predictable a conclusion as possible. If that's the case, then hoohoo's advice is the one to follow.

kirkbyinfurnesslad_2

Yes its not worth the risk to the OP NOT adding extra stuff.

Lenny55

I have emailed popla with the info hoohoo gave so thanks everyone for now.

kirkbyinfurnesslad_2

Good Lenny, let us know the result when ever you get it