Disabled bay with badge fine, and lied to.

maddoglady

fisherjim wrote: »

Maddoglady, was this in Buckinghamshire by any chance?
If so I think I may know where you are talking about and the signage is non existent I think, I could look for you tomorrow if it's where I think?

High Wycombe.

maddoglady

waamo wrote: »

You now put an appeal in using the template in the Newbies thread.

But as I said, I parked in a disabled bay with my blue badge, so surely that needs to be mentioned?

Redx

not really as its private land so the blue badge doesnt apply no matter who you appeal to

popla dont accept appeals based on the blue badge or the equality act 2010

if you have a popla code, check it and then use a recent popla appeal that is close to your own circumstances

if not, use the template letter and appeal to the parking company

maddoglady

Redx wrote: »

not really as its private land so the blue badge doesnt apply no matter who you appeal to

popla dont accept appeals based on the blue badge or the equality act 2010

if you have a popla code, check it and then use a recent popla appeal that is close to your own circumstances

if not, use the template letter and appeal to the parking company

So if I had parked in a disabled bay, without a badge, that would be OK? Surely, as I'm obviously disabled and the space was directly outside my location, far closer than the store it apparently belongs to, that should count?

Fruitcake

maddoglady wrote: »

So if I had parked in a disabled bay, without a badge, that would be OK? Surely, as I'm obviously disabled and the space was directly outside my location, far closer than the store it apparently belongs to, that should count?

On private land the Blue Badge is meaningless. Would it be OK to park in a disabled bay on private land without a BB? Morally, probably not. Legally, yes it's perfectly OK.


As far as POPLA is concerned, the BB is irrelevant. The only thing that counts is contract law, so you use the standard template appeal based on no GPEOL, inadequate signage, and no standing. By all means throw in the EA2010 breach but you will win on the first point, not the fact that you were entitled to park in a disabled bay.


Yes it's wrong, but that's how the system works.

Dee140157

Let me just clarify something, a couple of people have mentioned POPLA, but am I right (or wrong) in reading the fact that you have only Just received the Notice to keeper after your windscreen ticket.

If this is the case, you need to send the template that is in post 1 of the Newbie thread. You won't be at POPLA stage yet.

So copy the appeal in post 1. You can add an extra point that:

As a disabled person (evidenced by the blue badge displayed) the driver has protected rights according to the EA2010 and it is your contention that Euro Car Parking has contravened this by their treatment of a vulnerable person with the issuing and chasing an unjust parking ticket"

It won't make any difference at this stage, but I want you to put this sentence in so that when you do get your actual rejection, we can then write a good EA2010 paragraph in that as well as all the other legal appeal points we will use there.

So to make sure you fully understand
Copy appeal in post 1
Add sentence I have written as another point
Send in appeal. (email or post) if post m,are sure you take it to the post office and ask for a free proof of posting. If email, take a screen shot if you know how of any auto repsponse.
Wait for rejection.
Come back here so we can help you write a POPLA appeal.

If I am wrong and this was your rejection,then tells and we will get going on showing you where to look for a POPLA appeal.

Redx

maddoglady wrote: »

So if I had parked in a disabled bay, without a badge, that would be OK? Surely, as I'm obviously disabled and the space was directly outside my location, far closer than the store it apparently belongs to, that should count?

YES IT WOULD, but actually covered by the EA2010 , not the BB , EVEN A DISABLED PERSON WITH NO BB CAN DO THIS

so if you feel hurt and embarrassed and felt hard done by you should consider making out a Letter Before Claim (LBC) followed by an MCOL (small claims court) claim under the EA2010 for this and teach them all a lesson

but at the moment you are fighting a parking ticket invoice for parking on private land where this BB does not protect you or your vehicle

you may not like this, but its the truth and its time DMUK addressed this properly

fight fire with fire, but appeal your pcn anyway , first with the PPC (if you havent got a popla code) , then with POPLA

but as you are obviously annoyed about it, start a legal case of your own as its the only way to stop these people taking advantage of somebody like yourself and others who are also disabled

its time disabled people actually issued a few court claims of their own , and won , this may force them to change, although I think it needs a lot to do so

but as the minimum payout is £500 under the EA2010 , you come out best

fisherjim

maddoglady wrote: »

High Wycombe.

Yes I thought as much this site is very confusing, there are actually three car parks 'bolted' together here, a McDonalds a Premier Inn both using the same entrance, the Premier Inn having very poor signage and none at the entrance.
However, the other car park that is for Magnet is accessed at the front off the main road right in front of the main door for The Premier Inn.
This in turn is underneath yet another council owned multistory car park .
The most logical place for a disabled visitor to the town to think they should park is in the Magnet car park right where you parked it's all very confusing.
I will look at the Magnet car park today and take a photo if it helps?

Umkomaas

Let me just clarify something, a couple of people have mentioned POPLA, but am I right (or wrong) in reading the fact that you have only Just received the Notice to keeper after your windscreen ticket.

Dee, my mis-(skim)read!! I've deleted the post to avoid any confusion, thanks.

Sorry OP, not yet at POPLA stage, work with the initial appeal template in the sticky.

Iceweasel

maddoglady wrote: »

So if I had parked in a disabled bay, without a badge, that would be OK? Surely, as I'm obviously disabled and the space was directly outside my location, far closer than the store it apparently belongs to, that should count?

In a private car-park your question is a moral one rather than a legal one - as said, anyone can park legally in a 'disabled' bay in a private car park.

You mentioned that you are obviously disabled - did you mean you personally have an obvious disability - or that it should be obvious to anyone looking at your car because you have displayed a Blue Badge?

All disabilities are not so obvious. I have a disability, but not enough in the eyes of the authorities to qualify for a Blue Badge. I am contesting this - so far unsuccessfully. My problem is that I have no difficulty in walking once I exit the car.

Due to a spine injury I need to have the drivers door fully open to allow me to exit and enter the car - so I often park in parent and child spaces that are wider. Those spaces also have no special status.

I am very reluctant to park in a marked disabled bay due to the misunderstanding in many folks minds regarding the Equalities Act.

I just don't need the paperwork if I get hassled for doing that.

I sometimes park in an ordinary bay without any other vehicle beside me, and then have problems getting back into the car because someone has innocently parked too close so can't get my door open wide enough.

Follow the advice you have received and this silliness will be sorted without you having to pay anything.