PCN on Private Land

davidwm

On 11 May 2013, we received a parking ticket at a Retail Park near Ipswich.
My wife has mobility problems and as a result of this we have a Disabled Blue Badge. I dropped my wife off close to the shop and drove off to get other items from another shop. On returning to the shop I parked in a Disabled Bay. I saw my wife at the checkout and rushed over to the shop to help her. In the rush I forgot to display our Blue Badge. (I would also say here that the Tax Disc refers to the car being zero payment as it is classed as a vehicle for the disabled)

On returning to the car about 5/6 mins later a PCN was stuck on the windscreen. I was surprised because as this is a private car park I didn't think there were any restrictions.

I emailed the company TESGB immediately and stated all of the above and said it was a momentary over site due to the circumstances of trying to get to my wife quickly.

On the 23rd May we received a letter saying that they had refused our appeal and advised us to contact POPLA.

We sent our appeal on 3rd June 2013 and were told the case would be heard on 10th July 2013.

We heard nothing so assumed that the problem had gone away.

On the 20th Dec 2013 we received a letter attached to an email saying there had been an administration blunder and they "apologised" for the delay. The letter went on to say POPLA had rejected our appeal.

Today we received a letter from a company, Roxburghe, telling us we owe £160.00 and payment is now due.

Can anyone advise us what to do now, the OH says ignore it because they wouldn't take us to court but I have had a recent breakdown and I am getting really stressed about this issue.

Many thanks for any help!!!

Redx

everything you need to know is explained in this thread

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

surprised you lost at popla, presumably a badly worded appeal ?
like if you tried mitigation instead of legal arguments ?

the EQUALITY ACT 2010 should have protected you

Coupon-mad

Retail Park near Ipswich.

Your POPLA appeal would have won if you'd come here, never mind.

Send the Centre Management (landowner or managing agent that you will find out by Googling) a 'Letter before Claim' (Google it if unsure) telling them to call their 'dogs' off as the agent has breaded the Equality Act 2010. The tax disc was easily enough to show the fact the car is for transporting a disabled person (more so than the Blue Badge if anything). And I bet the parking goon saw you both. That's unlawful harassment of a disabled person then. You can sue for damages but give the Retail Park a chance to backtrack & cancel this farce.

If you prefer, start with a complaint letter or complaint phone call once you have Googled the place and found a contact address/number. Remember this isn't a normal 'please cancel it' request. This is 'your agent is in breach of the Equality Act 2010 and is now harassing me which is also illegal. Call them off now before I sue you both.'

davidwm

Thanks for your advice Coupon-mad.
We contacted Helix Properties who manage the site. After we went through the facts with the person responsible (and talked to her about the Equality Act) for that particular site she agreed that there were mitigating circumstances and she would speak to TESGB on our behalf to get the PCN revoked.

She came back to us and apologised saying that TESGB were not prepared to revoke the PCN as they had incurred costs. They even said that if we paid the full £160 they would still be out of pocket.

A family member is a qualified Solicitor and, as this was causing us such stress she said she would take this matter up with TESGB and also Roxburghe who are now apparently working on behalf of TESGB to recover payment.

We provided a letter of authority and she has written to them. They have refused to revoke the PCN and are now giving us 14 days to pay the full amount after which we presume they will take us to court.

Do you think there would be any benefit in talking to somebody like Disability Right UK????
If this goes to court and we lose are we likely to be faced with costs?? and if so does anyone have any idea what they might be???

We've also read on the forum that Roxburghe have lost their license!! Doesthis have any bearing in this case???

Thanks for any help given.

Hot_Bring

Regards the landowners response - what a load of round shapes !!!!!!!

The LANDOWNER controls the contract and has every right to DEMAND the invoice be cancelled. If the PPC has incurred costs ( and it sure as hell isn't £160 worth - the OFT suggests £12 ! ) then that is for the landowner and PPC to slug out - not you.

Coupon-mad

Have they actually sent you a Letter before Claim or 'Final Notice before Court Action'?

If so, read the 'LBCCC Fightback' thread and respond robustly (get your Solicitor relative to read that thread if this is outside their usual experience). Surely your relative told you already that no, small claims means small amounts and no big costs.

You or your Solicitor representative could send a complaint to the EHRC (Google it) and do NOT be fobbed off by anyone that you need a Council Blue badge to be considered disabled on non-Council land! Your Solicitor helper should read Excel v Greenwood Oct 2013 which is linked in the 'Small claims' section of the NEWBIES advice thread I wrote:


Sticky: NEWBIES!! PRIVATE PARKING TICKET? EVEN AN OLD ONE? ***READ THIS FIRST*** Thankyou!


HTH