Blue badge Parking fine

zoom57bowser57

I have a blue badge but forgot to display it.


I was parked at Meridian park in Leicester on 22 October 2013 in a disabled space as I was visiting Burger King. This is a free car park.


I did not see a ticket attached to my car when I returned after going into Burger King. The first I knew about it was in November 2013 when I received letter dated 22 November asking me to pay £100 as I had not made a payment yet.


I wrote back to them advising that I have blue badge and enclosed a copy of my badge for them. This letter was sent back to them 6 December 2013. I have Multiple sclerosis and I can be forget full, as in this instance as I did not put my blue badge out.


They wrote back to me on 18 December, asking for more information other than what I had already supplied them, along with a picture of my car with the PCN on the screen passenger side. They also sent a close up of my Tax disc, which clearly states/shows it is a disabled tax disc.


As I could not give them anymore information as to why I should not pay, I did not reply.


I have now received a new letter received dated 6 July advising me that as I have not paid, the charge has gone up to £125.00. If it is not paid within 14 days, it will automatically lead to court action.




Surely, if they can see it is a disabled tax disc, for my car registration number, they would re-consider telling me they will take court action. Should I write back and highlight the fact that their photo they sent to me of my tax disc clearly shows disabled.

Redx

its a private car park, so the BB has no legal standing on it (check your BB booklet)

the EA 2010 applies on private land, but not the BB

they will have issued the invoice for not displaying a valid permit (the BB), not for not having one

the tax disc also has no validity as its private land, and also would not apply if you were on double yellow lines on a public road either

its failure to display , not failure to have

the newbies sticky thread explains almost everything you need to know

the EA 2010 will have relevance here so have a think about that too, but no company like these ever seems to care compassionately about BB holders so dont assume they are human beings or have a heart, they just want the money from your wallet the same as a female mossie wants your blood

your best option is to get the landowner to cancel the invoice

arabesque_101

It is also worth going back over all the letters you received from them and checking whether they gave you an appeal code, which they are required to give you (for POPLA or IAS depending on which care park company it was). If you never received an appeal code, you can ask for one now. Which car park company was it?

zoom57bowser57

It was UKCPS. The letter they sent in December entitled Request for more information, says that "I may also want to appeal to POPLA details of which will be sent at the appropriate time".

Coupon-mad

zoom57bowser57 wrote: »

It was UKCPS. The letter they sent in December entitled Request for more information, says that "I may also want to appeal to POPLA details of which will be sent at the appropriate time".

OK so now send a complaint email to the BPA that UKCPS never sent a POPLA code and the appropriate time was when they rejected the appeal, months ago. It is a specific major breach by a PPC not to provide a POPLA code with the rejection letter and they cannot faff about dragging it out for further information. After all, they could see the disabled tax disc and you had already by this time on 6 December 2013 written to tell them that you have Multiple sclerosis and can be forgetful, as in this instance. As such, they were guilty of harassing a disabled person in fact.

steve.c@britishparking.co.uk

and you need to robustly respond to the Letter before Claim, don't ignore it. See this thread:

Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance Thread

I would add to the usual letter (format shown in the above link) that they knew you were disabled and your condition and symptoms of forgetfulness caused by MS are exactly the same as the case that Excel Parking Services lost in Oct 2013 against Mr Greenwood (same condition, same situation) and so they have no prospects of success. Indeed if they should pursue this to court you will counter sue their client and UKCPS for damages for harassment of a disabled person, protected by the Equality Act 2010. And you have complained to the BPA as UKCPS did not send a POPLA code either.

HTH

ezerscrooge

Send them this, it's probably too late for a POPLA appeal now....change the XYZ to the name of the PPC. And do send copies to the landowner and Burger King as they are jointly liable for the actions of their agents.

---

Dear XYZ,

Re ticket number xxxxxxxxxx

As you know, I am the registered keeper of vehicle xxxxxx and I have been exercising my right under section 22.14 of the BPA Code of Practice to appeal to yourselves to cancel the above mentioned parking charge.

You know from previous letters that the registered keeper is disbaled, and proof of this has been supplied to you.


EQUALITY ACT 2010 AND BREACH OF UTCCR 1999
For the avoidance of doubt, the registered keeper of this vehicle has 'Protected Characteristics' under the Equality Act and has a legal right to use any 'reasonable adjustment' provided by any landholder/client/operator when visiting a customer-facing environment, including car parks. The registered keeper was an occupant of the vehicle when it was parked at the location in question.


As you are aware, the Blue Badge scheme does not even lawfully apply in private car parks. Companies such as XYZ may well mention the Badge on your signs, ostensibly to pay lip-service to disability law and to make it easy for you to issue tickets for any transgression you might invent, but you cannot rely on it in isolation as the only indicator of disability need. And you are certainly wholly unjustified to harass a disabled visitor for the spurious reason that you seem to think that, suddenly, a disability disappears if a Blue Badge date is not visible (a copy of which is attached, because as keeper I am keen to resolve the issue and have better things to do than enter into protracted correspondence with a firm like XYZ).


Your terms on your signs are expressly unenforceable and if you disagree then I will show a District Judge that is the case, along with exposing the flaws in your Notice to Keeper, the non-compliance of your signage at the disabled bays at this site and the fact you have clearly made no loss.


Where there is a current disabled tax disc then it is an indicator that the car is used by someone whose restricted mobility qualifies for higher rate disability benefit. In this case the presence of the tax disc and subsequent provision of a copy of the Blue Badge has caused XYZ to know about the disability. It is clear that your employees need urgent training in the Equality Act 2010.


Here is the law and how your signage terms are affected by it:


EQUALITY ACT 2010
142 Unenforceable terms
(1) A term of a contract is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act.

144 Contracting out
(1) A term of a contract is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act.
This is not a case of mitigating circumstances, this is primary disability law which takes precedence and which grants unequivocal rights which cannot be removed, nor restricted to certain groups, nor unilaterally changed or charged for on a whim, for your profit.
Any term that XYZ may have on your signs to the effect 'Blue Badges only' is wholly unreasonable and therefore null and void, if the effect is to deny a disabled person their statutory right to use a reasonable adjustment without penalty.


EQUALITY ACT 2010
29 Provision of services
(1) A person (a “service-provider”) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service.
(2) A service-provider (A) must not, in providing the service, discriminate against a person (B)—
(a) as to the terms on which A provides the service to B;
(b) by terminating the provision of the service to B;
(c) by subjecting B to any other detriment.
(3) A service-provider must not, in relation to the provision of the service, harass—
(a) a person requiring the service, or
(b) a person to whom the service-provider provides the service.
(4) A service-provider must not victimise a person requiring the service by not providing the person with the service.
(5) A service-provider (A) must not, in providing the service, victimise a person (B)—
(a) as to the terms on which A provides the service to B;
(b) by terminating the provision of the service to B;
(c) by subjecting B to any other detriment.


As a company, XYZ has specifically breached your legal duties under the 'EHRC Equality Act Code of Practice for Service Providers' which has been law since 2011. 'Service Provider' is a term loosely associated with XYZ and certainly applies to your landowner/occupier client in this car park, who are being sent a copy of this letter.

I know that XYZ do not own this car park and you are acting merely as agents for the owner/occupier. If you progress this case to court you will be required among your evidence, to produce your contract or site agreement with the landowner and I will require XYZ to demonstrate how your contract and ownership status differs from that in the cases VCS v Ibbotson, Case No 1SE09849 (16/5/2012), ParkingEye v Sharma, Case No. 3QT62646 (23/10/2013) and ParkingEye v Gardam, Case No: 3QT60598 (14/11/2013).


I will also direct the Judge to the case of UKCPS v Murphy (April 2012 finding that the charges are a penalty) and Excel v Greenwood, Case Number 3QT60496 (4/10/2013) which was about a forgotten Blue Badge, where the Judge found that the Excel should have made reasonable adjustments once they knew about the disability.


When you saw the DVLA data and printed out a Notice to Keeper, you certainly already knew about the disability need - take a look at the address you sent the Notice to Keeper to which shows it as a 'Motability Vehicle'. You have already been told about the disability and have been given proof that a Blue Badge exists - so your breach of the Act is complete. Harassment is also a specific breach of the Equality Act as well, so choose your reply carefully as I am keeping all your letters, and those of your agents, safe in case they are needed in court.


I will of course defend this robustly in court and I reserve the right to claim against you, since the remedy for Equality Act 2010 breach is monetary damages with far more legal backing than your Parking Charge Notice.


You are strongly advised to cancel this charge and instruct your agents to cease their collection activities.


_________

Guys_Dad

Two different things here. In essence, you broke their t&c. That is the issue. The Equality breach would be a separate action with you taking them to court for failure to comply.

By all means mention your disability, but to make a defence to a parking case on this would be a mistake. I haven't seen any case on here, POPLA or court which has been won on this point. C-M refers to one that I may have missed.

POPLA are very clear about their stance on blue badges. After a page of waffle, http://www.popla.org.uk/AnnualReport.htm They say

A landowner must obviously comply with the law but otherwise, can generally set what reasonable requirements they wish for parking. This could probably include the display of any particular badge or permit............................................However, it is not for POPLA to enforce the requirements of the Act, when the Act itself clearly makes provision for this to be done elsewhere.

I would take C-M's excellent advice and try to get the BPA to make them give you a POPLA code and appeal there with a winning template from here.

zoom57bowser57

I contacted the BPA as suggested in July 2014, and today I received a letter from UKCPS advising that as gesture of goodwill they have cancelled the PCN that I received in October 2013!!!

Dee140157

Gesture of goodwill my foot. They knew you if they were forced to POPLA they would lose so gave up. But good on you for pursuing and getting it cancelled.