Unpaid uni parking ticket DISCIPLINARY ACTION WORRIES

Lindsey125

Good to know - thanks a lot for that response.

I have had this injury for 11 years and it has proved difficult to diagnose and treat, and in the past year has become very painful to the point of sometimes making me feel nauseous. When I went to apply for the temporary parking permit I was sent to a disability assessment officer who interviewed me in a room. She started out in a very caring manner which quickly evaporated when she clearly decided I wasn't 'disabled' enough and told me bluntly that she probably wouldn't be able to give me a temporary permit based on my injury (it seems she knows better than a muskuloskeletal specialist - who'd have known she was so qualified!). At no point has anyone mentioned that it would be an option to make a 'reasonable adjustment', such as me being allowed to park on the private road (causing absolutely no obstruction whatsoever), which is really all I need, in additional to ceasing what I consider harassment from CPP and the uni.

Thanks so much for your advice - if it wasn't for forums like these many people wouldn't know their rights.

pogofish

If a specialist has diagnosed a condition covered by the Equality Act, the opinion of any company "Assessor" means absolutely nothing at all when it comes to providing a reasonable adjustment.

I've been here with my employer and the appropriate adjustments were made without any special permit or badge whatsoever!

James_N

Thanks for coming back and keeping us informed. Take Coupon-mad's excellent draft and use it, but do also push the university system on the fronts I mentioned. I promise you that the threat of adverse student reaction is now a significant one in the "marketing" psyche of uni and that apart from the relationship the landowner has with the parking company angle and all the rest of that standard parking "fine" scenario, you do have opportunities to press them as a student. This is a stronger "push" than one of a random customer in a retail park, although as has been pointed out, the legal situation is exactly the same.
Use the avenues of complaint and action you have inside the uni:
student union
http://www.leedsuniversityunion.org.uk/helpandadvice/browse/

University: http://www.wellbeing.leeds.ac.uk/

And you own personal tutor - you should have this contact

princeofpounds

I bow to the knowledge of all the others here on parking.

On the university angle, it's a bit up in the air at the moment. The OFT, who take legal advice on such matters, have weighed in to support the student unions on the matter, but if the university decided to be difficult (and I very much doubt they will if elevated high enough, or if the parking disputes are worked through) then you might have to get legal.

http://mancunion.com/2014/02/24/withholding-graduation-due-to-library-fines-breach-of-consumer-law/

http://www.thenationalstudent.com/News/2013-08-12/universities_face_investigation_over_graduand_mistreatment.html

The thing is, universities like to think of themselves as academic institutions with their own bylaws, but the student/uni is moving much more in the direction of customer/provider given they decided they wanted to extract money from students. They can't have it both ways, commercial revenues without customer accountability.

Lindsey125

OK guys....

After a very busy week I have finally sat down to draft my letter to the university manager, which I will also send by post to CPP. I am going to copy in, and send another explanatory email to, the university welfare and equality and diversity officers for their attention. The university has referendums regularly, the results of which often force changes in policy. I am thinking of nominating one to tell the university to stop using CPP owing to their unethical practices and unfair tickets, which bully students into paying things they cannot afford. I will see how that goes.

Before sending my letter I wanted to ask anyone in the know on here to have a read and let me know if I have inadvertently said anything erroneous or have missed something I should include. Is anyone able to explain to me under what circumstances 'without prejudice' should be written at the top of a letter? I am trying to make absolutely sure I have protected myself in every way possible in the unlikely event that I find myself in court. The letter is as follows (heavily borrowed from couponmad's draft - many thanks):

Dear Mr X,

Re: Parking contraventions issued by CPP

I am writing in response to your email in which you requested I contact CPP regarding the payment of parking charges. I would like to clarify that CPP are an AOS member with the BPA, cannot legally issue fines or penalties and must follow a set procedure under the BPA Code of Practice. As part of this code of practice, CPP must offer an appeals procedure.

Hence, in an attempt to resolve this in accordance with their set procedures I am sending them a copy of this email by way of my challenge about the legality and basis of these charges. There is no time limit imposed by the independent appeal service, 'Parking on Private Land Appeals' (POPLA) on an AOS member in terms of when they can issue a verification code. As such, CPP should now consider this email as my 'appeal' relating to all CPNs issued by them to me as the keeper, which I am requesting to be cancelled in full with no further harassment. In addition, CPP should also consider this letter a formal complaint relating to the clear malpractice outlined below.
It is clear from your email that there has been dialogue between yourself and CPP concerning my case, and as a result you contacted me on behalf of the university to request I contact CPP to make payment. Whilst this email may not have been sent with malicious intention, the car in question has not been parked inappropriately on university land for over three months, so I believe there is no legitimate reason to contact me regarding this matter. It is wholly unjustified for CPP to put pressure upon landholders to try to force payment from motorists, and this behaviour is in breach of the codes of practice of the BPA, the office of fair trading, POFA 2012 and POPLA. As a result, I have registered a formal complaint with the BPA. Secondly, I am also appealing these charges on the grounds that they take the form of a penalty, which CPP are not legally permitted to impose, and bear no resemblance to any costs incurred by inappropriate parking.
Additionally, you are aware from our telephone conversation on 14.02.14 that I have a significant, mobility-reducing injury which means that I have 'protected characteristics' as defined in the Equality Act 2010 (EA). The EA states that disabled or long-term injured persons are entitled to ‘reasonable adjustments.’ In my case, parking charges and subsequent debt collector letters are considered harassment because they effectively attempt to limit or deny my rights to such an adjustment under the EA. During our conversation you will recall that I requested permission to park near the entrance to my department whilst I awaited the granting of a permit based on my medical needs.
Having applied for a parking permit for the University car parks on the basis of my continuing medical issues, and this application being fully supported by my consultant, I am yet to receive a response from the university. I have attempted to follow this up on a number of occasions and find this lack of response surprising given your assurances that this would be expedited, and the university’s stated policy:
“Non-blue badge holders who still require a Disabled Parking Permit, for example, those with a long term or temporary mobility / other impairment, can apply by completing the necessary form and following the procedure managed through the University car parking team.”

I believe there is a potential breach of the EA by the University failing to respond to my permit application and allowing and aiding the parking company to pursue me for CPNs which specifically relate to the period of my injury and subsequent mobility need. I am extremely disappointed that the university has chosen to associate with, and hence be complicit in the subsequent harassment caused by, a company that operates on the edge of the law, and whose business model revolves around fooling motorists into paying unenforceable, highly overinflated invoices in the guise of a fine. In my opinion, this falls short of the duty of care of the university towards students and I have copied the Equality and Diversity and Welfare officers of the student union into this message for their attention.

If CPP do not cancel the CPNs issued, refuse to supply POPLA codes and/or continue to send me debt collector threats I will need to consider my position with regards to pursuing them for harassment and a breach of the EA, since they are now aware of my status under this act. However, if CPP provide me with a response to this email/letter which includes POPLA codes, one for each of the outstanding CPNs, I will appeal to POPLA.

Finally, I would appreciate it if my outstanding permit application could be expedited so that I can avoid further harassment and can finally be allowed the reasonable adjustments I need to make the site more accessible in view of my genuine and ongoing mobility issue.

Yours faithfully,

Y

Any advice would be appreciated. I have indeed submitted a complaint to the BPA via their 'contact us' eform saying that I feel CPP are attempting to intimidate me via my employer, and will include the email from the university manager as evidence with this letter when I send it to CPP (not that I honestly expect them to care about their own bad practice!!).

pogofish

Does your Uni have an archive of central/Admin email messages you can search/access?

Mine has mentioned "Fine" and "Penalty" so-many times in messages to staff that its almost embarrassing to think how easily they could be hauled over the coals for it!

Lindsey125

I'm afraid I don't know what that is - where would I find such a thing?

Does anyone have an opinion on the letter I've written?

Coupon-mad

I would get rid of any admissions, such as:

''Whilst this email may not have been sent with malicious intention, [STRIKE]the car in question has not been parked inappropriately on university land for over three months,[/STRIKE] [STRIKE]so[/STRIKE] I believe...''