private car park fine disabled badge

gperf

Hi all. Received a parking fine today for parking in a disabled bay in a free cinema/retail car park. My badge. was displayed but the wrong way round. Do I have any case? £50 fine if paid within 14 days! Help and advice needed please.

fisherjim

Yes plenty of help and advice in the newbies thread on page one, have a good read then come back if you get stuck!;)

gperf

Have now read the general info, but if anyone has any specific advice related to blue badge/disabled bay that would be v much appreciated

Fruitcake

The BB doesn't actually apply on private land, but the Equality Act 2010 does.


Was this in England/Wales, or Scotland/NI as advice is different?


If in England/Wales then you appeal. Do not ignore, do not pay, do not reveal who was driving. Reply as keeper with words like, the driver did this, not, I did this.


Did you get a windscreen ticket (NTD) or a NTK through the post. If the former, wait for the latter. If the latter, use the template appeal letter in the sticky thread for Newbies, but add that the PPC is breaching the EA2010 if they do not cancel the ticket now that they know you have protected characteristics under the Act.

Your first appeal will be rejected but must contain a POPLA code. You then copy one of the POPLA appeals from the Newbies "How To Win At POPLA" and tweak it for your own use, adding the breach of EA2010 to the other winning points. Post it up here for checking by the experts before submitting it. Then email it plus send a paper copy by post as well, first class from a Post Office with a free proof of posting certificate, NOT registered mail.


Complain to customer services at the retail park if there is one, and to the retail park owner if you can find out who that is, quoting their beach of the Act.

The experts will be along soon with more advice so keep calm and research the Newbies thread in the meantime. You will beat this.

Redx

gperf wrote: »

Have now read the general info, but if anyone has any specific advice related to blue badge/disabled bay that would be v much appreciated

as above, check your BB booklet

not valid on private land, but the EA 2010 applies

many companies misuse the badge idea in this manner

the NEWBIES sticky thread will help you appeal this with the PPC and popla

you can add details to your appeals about the badge, as you can and should with the landowner, but its the EA 2010 you threaten them with (a counter claim by LBC and MCOL)

Dee140157

Yes advice is to put in an appeal, adding a fourth point that


"Under the EA2010 act, as a disabled person (evidenced by the fact that the driver had valid blue badge no matter which way it was displayed) the driver has protected rights and that chasing the driver with a PCN is breaking this law."

Send off and await POPLA code

However I need to be clear, is this a windscreen notice or a notice through the post. If windscreen then wait for NTK.

Remember always refer to the driver never say I....

Guys_Dad

1. Wait for NtK. Hopefully they will enclose photos proving their case.

2. Appeal, asking for photos if missing and including a copy of your BB. State that the badge was on display as the photos will show. Point out that, being pedantic, the signage did not specify any directions about how the BB should be displayed if the photos show the reversed BB..

State that, as they now have evidence that you are disabled, they should cancel the charge or issue a POPLA code.

In your case, I would put appealing as keeper as secondary to the fact you had your BB on display.

3. When you get the photos, then complain to the management company of the retail park showing that you had a BB on display and the signage was deficient in not describing the way the BB should be displayed.

Edit. I may have missed it but who was PPC?

gperf

Should have mentioned 1st it was a windscreen fine and I immediately posted an appeal online- modern technology! (SORRY! I know now I shouldn't have) I replied as the registered keeper to the ticket issuer ukpc. Despite already having done this do u think I have any chance?

Redx

I can assure you its not a "fine" , its a speculative invoice

easily beaten at popla with help from this forum so i wouldnt worry too much

get your head around the "game" and you will pay nothing, but if you rant at the landowner and get a cancellation you wont pay anything anyway

the trick is doing all the right things, in the right order, at the right time

fighting fire with fire

Dee140157

So now you have appealed, sit back and wait a rejection of appeal. In the meanwhile read post 3 of newbie thread about how to win at POPLA. Get your head around various appeal points and do a search for good EA2010 appeal points. (they won't win. It we like to put the. Under the nose of the POPLA assessor all the time. )

Coupon-mad

gperf wrote: »

Should have mentioned 1st it was a windscreen fine and I immediately posted an appeal online- modern technology! (SORRY! I know now I shouldn't have) I replied as the registered keeper to the ticket issuer ukpc. Despite already having done this do u think I have any chance?

Of course! 'do I have any chance' - LOL - you won't be PAYING anything!! Are you saying it's definitely UKPC not UKCPS?