Advice

Bluemilo

I'm posting this after reading all the Newbie stuff and hope I'm doing this right lol!

On the 23rd august my partner and and i went to the Pavilion shopping center, thornaby. This is run by UKPC, When we arrived all disabled parking spaces were taken and as I have problems getting in an out of the car and have to have the door open fully to get out, we parked in a parent and child space. I went to the bank and then we decided to go into Lidl's to do our shopping. When I got out of the car the one parked next to us ALSO in a parent and child space was displaying their blue badge. So I put mine in the window and off we went. We came back about half an hour or so later and had a parking ticket, this states we parked in a parent and child space with no children present. the car next to us with the same blue badge didn't have a ticket!!
I tried to contact the Pavilion shopping center and sent an email querying the policy for disabled parking in this issue. No reply.

Two days ago I called the customer service number on the Parking ticket and spoke to a lovely girl who told me I should be fine parking there but to send an appeal. I did so today and photocopied my blue badge as advised by the person on the phone, I thought I'd have a look at this UKPC company and was sent to this website forum.

Have I done wrong appealing this ticket, if so what can I do next? Were we in the wrong parking where we did? If so can anyone tell me the correct policy with regards to disabled parking with a blue badge when all spaces are taken?

Sorry this is rather long!

Dee140157

Ok

First of all you were right to appeal, although we do always recommend waiting for the NTK, but as you have already appealed we will deal with it this way.

So if you get a rejection, you will need to appeal to POPLA which will win.

Now the thing to get your head around is that actually the blue badge is totally irrelevant on private land. It is about as legal as putting a banana in your windscreen.

The important thing is the fact that you are covered by the Equality Act 2010. As someone with a disability you have protected characteristics.

So as you could not park in a disabled bay due to them being full, parking in a parent and child bay is a perfectly acceptable thing to do. (But not morally vice versa).

When you get a response to you appeal we will help you further if you need it.

But do not worry. You will not have to pay a penny.

And also although there is a requirement to provide disabled bays, there is no legal requirement to provide parent and child spaces. It is just a customer courtesy. So to ban disabled users from them is utter nonsense.

Stroma

Whilst you are waiting for the appeal why not put a complaint into the BPA about UKPC breaching The Equality Act 2010, and the BPA Code of Practice?

16.1 The Equality Act 2010 says that providers of services to
the public must make ‘reasonable adjustments’ to remove
barriers which may discriminate against disabled people.

No reasonable adjustment has been made

16.5 If your landowner provides a concession that allows
parking for disabled people, if a vehicle displays a valid Blue
Badge you must not issue it with parking charge notices.

They are not supposed to be ticketing cars with a Blue Badge on display.

The address to use is aos@britishparking.co.uk

Redx

as mentioned above (and in the BB booklet) , a BB doesnt apply on private land (it maybe should do but it doesnt)

but they are bound by the EA 2010 , so I would complain loudly about this shabby treatment to the landowner in no uncertain terms and mention the EA 2010 a few times, telling them that you are considering a counter claim MCOL under the EA 2010 , THEY CERTAINLY WILL NOT LIKE THAT

you can also see I mentioned it here https://forums.moneysavingexpert.com/discussion/5048313 to another disabled person who is similarly protected under the EA 2010 too !

also I mentioned it in this long thread here https://forums.moneysavingexpert.com/discussion/5000674

and this one too https://forums.moneysavingexpert.com/discussion/5012337

and this one too https://forums.moneysavingexpert.com/discussion/4981893

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

some good letters in this one https://forums.moneysavingexpert.com/discussion/4652641

and https://forums.moneysavingexpert.com/discussion/4733390

also this one https://forums.moneysavingexpert.com/discussion/5016427

and YES, do as stroma says and complain strongly to that email for the BPA too