Question over Motability vehicle and UKPC ticket

homoerectus

My wife was very poorly with pancreatic problems and in agony she was taken by ambulance to Luton and Dunstable Hospital in Beds and admitted to a ward . On jan 23rd i attended the hospital to collect her laundry i used a drop and collect bay but found due to the lifts being out of order my journey taking longer than expected upon returning to the car a motability vehicle to have received a speculative invoice from UKPC for over stay , the following day my wife was discharged she was full of morphine and very unsteady i asked the nurse if i could pick her up outside the entrance but was told no she would have to make the 300 metre trip to the car park to the rear of the building . So i parked in a disabled bay at this car park got a wheel chair and proceeded to attempt to get my wife myself and her belongings down a busy service road over speed bumps and kerb drops to the car upon a rather sweaty arrival back at the car i find another UKPC invoice this time i had not clearly displayed a valid blue badge . This was partly true in that because of the rarity of my wife going out the car had hardly clocked any mileage this had led to the expiry of her blue badge in Aug 2013 and it had gathered dust on the dash since with the clock placed over it . Its my understanding though that blue badge criteria does not legally apply to these spaces on private land , also the tax disc clearly has the words disabled printed on it and also the vehicle is from motability add to the fact my wife is disabled and at the time of said offence was extremely poorly indeed .

I have read that things have changed a bit since 2012 and that those with lease vehicles etc need to be careful , im not sure how this fits with motability in that i know my wife is on the v5 for the vehicle she does not drive and motability in these cases allow 3 named drivers only , so was wondering where motability vehicles fit in ? Also any advice on the tickets above welcomed have dealt with success in the past with UKPC but this was under old rules b4 the change when one could just use contractual law and offer no help with identifying the driver . Please advise !:T

Redx

for starters , read this https://forums.moneysavingexpert.com/discussion/4816822

as for the BB, it does not apply on private land, neither does the fact that the road fund licence has "disabled" and £0.00 listed on it

the fact that it is a "leased car" due to motability has no validity either

one thing that DOES apply is the EQUALITY ACT 2010 , especially in this case, making the landowner and the PPC jointly liable

so the fact that this is a private PPC means there will be "rules" about parking there, which they state you have broken in some way

there may be a local method whereby reg plates of up to 4 cars may need giving to the hospital or trust for exemption, so check that

also complain to the patient supervisor or whatever they are called (patient admin who deal with parking) - they may or should cancel the charge (the landowner in this case , probably the trust)

also complain to PALS too

write an appeal as RK (not driver) to the PPC denying the charge, but only when the NTK arrives (I am assuming by your dates it was a windscreen ticket)

then, check if the PPC is in the BPA so that if necessary you appeal to popla if the PPC reject your soft appeal

so plenty to do, but mainly after the NTK arrives so try to get up to speed on this, starting with that newbies thread, tells you everything you need to know

sorry to hear about your wife too

ps:- sounds like that BB needs renewing as well

homoerectus

Thanks for the advice , if the BB does not apply on private land would i be right in assuming that the ticket issued stating i did not display a valid or clearly visible BB is flawed on this basis ?

The_Slithy_Tove

Complain to the hospital on both counts. Be very clear with them that they will be responsible for Equality Act breaches if they don't get the tickets cancelled. Don't be fobbed off by them saying for you to appeal to UKPC - the Trust can get the ticket cancelled.


There have been an number of cases where going through PALS gets positive results.

Redx

homoerectus wrote: »

Thanks for the advice , if the BB does not apply on private land would i be right in assuming that the ticket issued stating i did not display a valid or clearly visible BB is flawed on this basis ?

no, it is one of their silly "rules" but is not factual in law and the law that applies is the EQUALITY ACT 2010 as I already mentioned

rules cannot overturn law , the law has precedence

what these places do is insist that people show proof , like a BB or a parking permit, that way their employees or operatives can tell which cars "should" be there and which should not be there , so they state a BB should be shown but its not a legal requirement, some people with a disability dont even have a BB , that doesnt make them unworthy nor does it preclude them taking advantage of facilities to help them.

in fact some one argue that people with a disability should not have to "prove" that disability. in your case you should be complaining about this based on that EA 2010 as it clearly applies and they have to make allowances by law, BB or no BB, or even if a BB is out of date the person it was designed to help isnt !

Your wife will be getting DLA so she must have a letter from the DWP stating that she has entitlement (and a disability) so that is proof she is a protected person under the EA 2010. they never ask for that to be shown though , do they ?

you can challenge the ticket on a number of points, one being the EA2010 , but many other points are also valid

but the best way to get a ticket cancelled is to complain to the landowner or their agents , so in your case to the hospital trust Patient Liaison Officer or whatever they call themselves

the trust has to abide by the law , so even though they think they are helping people, clearly in your case they are breaking the EA 2010 and need to act or be liable

Coupon-mad

homoerectus wrote: »

Thanks for the advice , if the BB does not apply on private land would i be right in assuming that the ticket issued stating i did not display a valid or clearly visible BB is flawed on this basis ?

Yes in law - but no, it won't win at POPLA. But other wording will win, which is in the thread already linked. Tells you about first appeals and how to win at POPLA too.

AnnieO1234

OP which parking company was it?

With the car being taxed disabled and on hospital grounds I am certain that given the right letter to the right people at said PPC this could be overturned.

You might want to check whether your local paper has anyone covering hospital parking fines.

Xxx

spacey2012

This country is going down the pan faster than a two week old curry.
Even hospitals, publicly owned assets think it is ok to con and ripp off people.