Threatened with court action, £900+ of private parking tickets

4consumerrights

The_Blue_Dragon wrote: »

The Duty Manager just called me to state that as my tickets go back to the beginning of last year I need to prove that I am eligible for a blue badge. I've not had one for 3years as I've never bothered with it after been told that private parking tickets aren't anything to worry about. Their scare tactics have worked as my heart is beating like a runaway train

(My internet is playing up at the mo:mad:)
Posts crossed over:

If your vehicle is financed via Motability then presumably you are exchanging the motability component of either DLA or PIP to finance this - this more than satisfies your legal requirement and proves your disability.

The_Blue_Dragon

Yes my car is Motability as I get higher rate DLA+Motability component. My tax disc also says Disabled but the Duty Manager says that doesn't matter it's the BB they look for

4consumerrights

I think the "Duty Manager" needs some educating on the Equality Act - I'm sure we can drum a suitably worded letter for you to send - probably coupon will spot this first.

The_Blue_Dragon

I've asked him if I can email in future as I'm not good on phones as I get scared and I find it intimidating.

Half_way

4consumerrights wrote: »

I think the "Duty Manager" needs some educating on the Equality Act - I'm sure we can drum a suitably worded letter for you to send - probably coupon will spot this first.

This appears to be the case, however have you got in touch with the parking company explaining that you are disabled you are entitled to use a disabled space blue badge or no blue badge.
Just out of interest does the vehicle have a disabled ( zero rated) tax disc)

Then get in touch with the parking company to tell them that they must mow cease and desist with these charges.
something like this ( but don't copy it word for word too many typos )

"To parking company"
Re parking charge invoices on motability vehicle reg number XXX
I am a long term sufferer of Arthritis and as a result i need to use a wheelchair for mobility purposes. as a result of me providing you with this information you must now cancel these unlawful charges with immediate effect, and cease and desist form ticketing my vehicle in the fututre blue badge or no blue badge ( as the blue badge scheme does not apply on private land)

and this if you have a disabled tax disc) further more as my vehicle has a disabled tax disc your operative who issued the ticket requires re-training by issuing these tickets you, and your principal are inn breach of the equality act.
If I do not receive notification from you, or your Principal that these tickets will be cancelled together with an apology and re assurances that this will never happen again I may be minded to take action against your and/or your principal with regards to seeking damages from you or your principal for your blatant disregard of the equality act.
As an act of goodwill on my part I am giving you 14 days to respond.
yours The_Blue_Dragon ( do not sign )


You should get in touch with the parking company ( the agents) first of all, in order to lay the foundations fora possible equality act issue, if that fails then the next step is the principal ( the car park owner) then if that fails a letter before action to the car park owner, as they are responsible for the antics of their agents.

fivetide

The_Blue_Dragon wrote: »

The Duty Manager just called me to state that as my tickets go back to the beginning of last year I need to prove that I am eligible for a blue badge. I've not had one for 3years as I've never bothered with it after been told that private parking tickets aren't anything to worry about. Their scare tactics have worked as my heart is beating like a runaway train

I take it you never go into Sheffield/Rotherham or elsewhere and park on the street?

If that is the case, you could certianly lay on the 'disgraceful treatment' of a 'loyal customer' line really thick.

Redx

on a side note, I just renewed my road "tax disc" today using the online system, had to find my DWP letter that has the reference number on it entitling me to get a zero rated disc that has "disabled" on it and £0.00 and input that reference online, the dot gov website indicated the details on my car and verified that what I said was true, so the disc is now in the post

I bought this car from Motability so have to tax it myself but previously Motability did it all for me and sent me the disc every year

this Meadowhall havent a clue because they seem to be saying that they need the BB as proof when in fact the proof is the exemption letter sent by the DWP ( DLA dept ) , bearing in mind that DLA has disappeared for new claimants (its now PIP) but exists for people like myself and the OP blue-dragon

its clear to me that if he has a Motability car and a "disabled" tax disk he is a protected person under the Equality Act 2010 and so these "managers" need to bone up on the law and their trumped up rules

I understand (before anyone says) that they want some sort of easily identifiable proof that the person parked up is entitled and they are using the BB as that proof, an easily identifiable "badge" , but what they are failing to take into account is that once he informs them of his status they should cease and desist enforcement as he hasnt caused a problem

so I believe his proof is not the BB (they take the old one off you now so he wont have that since he renewed it) but is actually his exemption certificate sent by the DWP

but he should not be having to prove this to anyone at Meadowhall, maybe a judge if it gets that far , I have had these certificates a few years and my previous one had sections on it for use in renewing the tax disc to be stamped by the P.O., but the new one is an A4 letter with a 7 digit reference on it (well mine is 7 digits) and its the proof of entitlement to higher rate mobility , as it is that that tends to qualify you , even for a BB they tend to use it as proof

so if he renewed his BB, I would suggest he has this exemption certificate, whereas Motability will hold most of his other paperwork

I hope that helps ?

Guys_Dad

I may have missed this, but is the car park free for Blue Badge/disabled drivers or do they have to pay as well? (The NCP car park in Milton Keynes has no concession for Blue Badge holders nor does the BEC Birmingham)

Makes a difference to your case.

Fergie76

Redx wrote: »

motability keep the V5C document (log book) so they are probably down as RK ,

That bit is not true. Mobility remain the owner of the car, but the disabled person is the registered keeper.

Redx

Fergie76 wrote: »

That bit is not true. Mobility remain the owner of the car, but the disabled person is the registered keeper.

but the OP would not be aware of what is on the DVLA database nor would they know what is on the V5C seeing as they dont have it

but if Motability werent involved in these tickets and as the DVLA should not have the OP`s telephone number, the question is , how did the PPC or Debt Recovery get hold of it ?

if this goes back 1 or 2 years then surely debt recovery would be involved and possibly passing themselves off as the PPC ?