Forgotten to Display Disabled Badge

licklelilli

Redx wrote: »

the BB isnt valid on private land so appeal as usual using the info in the NEWBIES sticky thread

it can be an added appeal point , but dont rely on it as they are using it as a permit, which it isnt

the EA 2010 applies here so yes appeal to the landowner too , citing the EA 2010 as an added factor

the BPA CoP also expects the PPC to drop the charge once the BB is brought into it (but do not rely on this aspect) - but always mention it

If their sign on the car park states that you must display your blue badge does that not make the EA 2010 invalid?

Redx

no , because rules cannot trump the law

the EA 2010 is law and a BB is only a sort of "permit"

the EA 2010 applies anywhere in the uk , so their local rules on displaying a permit (in this case the BB) doesnt invalidate the laws of the land

in fact its 2 separate issues, where the EA 2010 applies regardless , doesnt matter if the protected person even owns a blue badge

Half_way

the law, in this case the EA trumps any made up rules on signs

bazster

licklelilli wrote: »

If their sign on the car park states that you must display your blue badge does that not make the EA 2010 invalid?

If they put up a sign in the car park stating "Vehicles parked here will be removed and sold", would that no longer be theft?

The law is the law.

Guys_Dad

Time and time on here people keep making the same mistakes. PPC tickets and the EA are separate issues.

Yes, the retailer needs to make provisions for people covered by the relevant sections of the Equality Act. But, equally, PPCs can lay down whatever terms they like in their t&cs.

For example, they could have some bays marked "For yellow cars only". They could then put some punitive charges for cars of different colours who parked there.

It would then be up to the motorist to appeal against any tickets and charges issued at either POPLA/IAS or court.

But any claim against a landowner not complying with EA legislation would be a separate action in a different court.

POPLA make this very clear in their annual report.

Disabled motorists

Most holders of a disabled person’s parking permit are aware that the blue badge does not apply on private land, as the conditions of use clearly explain this. Sometimes the issue in an appeal is whether it was clear enough that the location was actually private land, which is of course a wider problem.
The Equality Act 2010 is a wide ranging piece of legislation which, amongst other things defines disability for the purpose of the Act and says that providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people. Operators should clearly be alive to its requirements.

Operators do have responsibilities under the Act, however, the Act itself specifically provides for resolution, in England and Wales, through the County Court.

POPLA would certainly be bound by the Act as regards provision for appellants, in the same way that the Parking and Traffic Appeals Service, the Road User Charging Appeals Tribunal and the Traffic Penalty Tribunal are. They, of course, all have personal hearings and thus make the required provision for those, in terms of access and so on. POPLA does not have personal hearings and the majority of appeals are online but we are alert to issues that might arise in this area and London Councils, who provide the service, is clearly very experienced in this regard.

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.

So, use the EA points when dealing with the landowner or merchants, but it cuts absolutely no ice at POPLA.

licklelilli

Hi, I have just received this reply from the land owner.

We require a blue badge to be shown and since this was not the case the full charge is payable

However we have agreed with UKPC that in the circumstances they will waive the charge on the strict understanding that you will pay a £15 administration fee – that is what the £15 is for and it will not be waived

I think this is a very reasonable solution from your point of view given that you did not display the badge

Please let me have your car registration number and the number on the Penalty Charge Notice and I shall advise UKPC accordingly

If the above is not agreed then we shall leave UKPC to press for the full charge

Just before receiving that email i logged an appeaI via the UKPC appeals website as i hadn't heard anything back from the landowner despite emailing a few times.
Would you recommend i just wait for the UKPC appeal verdict or is it possible they will just retract the £15 and put it back up to the original early payment fee of £50.

Any opinions on this would be appreciated.

Redx

I would await the UKPC appeal reply and take it to popla and pay nothing myself

it would cost you £16 if you used parking ticket appeals so I suppose £15 is not unreasonable in the circumstances if you paid it

but I would personally cost them £27 at popla and not pay a penny like coupon-mad said

the lack of the display of the badge on private land in no way changes a protected persons status in law , those bays are there for any protected person under the EA 2010 , even if they do not own a blue badge

see this thread here where meadowhall shopping centre backed down on several tickets

https://forums.moneysavingexpert.com/discussion/4889645

ps:

I think I would write back thanking them for confirming that they are breaking the EA 2010 by applying blue badge rules to spaces meant for disabled people under the EA 2010 and thereby discriminating against those who do not have a BB but are protected by the law (The EA2010)

TELL THEM THIS WILL BE VERY USEFUL INFORMATION THAT YOU CAN USE IN ANY MCOL COUNTER CLAIM UNDER THE EA 2010

as members there, they should have your reg number placed on a "white list" exemption at the very least https://forums.moneysavingexpert.com/discussion/4961695

also see what was said here too https://forums.moneysavingexpert.com/discussion/4853781

bazster

Yep, don't pay a penny.

And reply to Jones LaSalle:

You are clearly unaware that persons with "protected characteristics" within the meaning of the Equality Act 2010 are entitled to have "reasonable adjustments" made for them (such as parking bays for disabled persons), and the Act does NOT require the display of a Blue Badge in order to avail oneself of those reasonable adjustments.

You are advised that by demanding a Blue Badge be displayed by persons with protected characteristics you and your agent UKPC are in breach of the Equality Act 2010. I reserve the right to bring a case against you for compensation for injury to feelings as provided for in the Act.

You can leave UKPC to press for whatever they wish, they will not be seeing a penny of my money, and if you will not get this spurious charge cancelled then I will simply get PoPLA to cancel it and cost UKPC £27 into the bargain. Furthermore, should I decide to bring an action it is likely that they and you will be handing over a considerably larger sum to me than UKPC is currently demanding.

Redx

^^^^^^^^^^^^ +1

my thoughts exactly