Vehicle Control Services and disabled driver

Jockice

Hi there. I'm wondering if you could give me some advice. I am the aforementioned disabled driver (a combination of a long-standing neurological condition and a spinal injury) but can walk to a certain extent as long as I use crutches or lean on something.

I shop in my local Tesco every few weeks (which usually takes about an hour and a half) but on my last visit my back gave way halfway through my shop and although I managed with some difficulty to get the trolley to the checkout, I then had to be taken back in the store wheelchair to my car by a staff member.

I have now received a parking charge from Vehicle Control Services as I exceeded the two-hour limit. Now something similar happened a couple of years ago (when I had a different car) and I wrote to them appealing against it. They asked for medical evidence, which I provided and they let me off the charge as long as i paid £10 administration costs. Which I did just to get the matter over and done with.

However, this time I am conflicted as to what I should do. A couple of friends have said I should just ignore the letters, someone else suggests I should write to VCS explaining the situation and saying that they have already had medical evidence from me and someone else suggests I should contact the store itself.

The first is more appealing except that all correspondence is addressed to me c/o Motability Finance, as my car is a lease vehicle, and obviously I don't want to do anything that would affect my standing with them. I'm not sure if any correspondence is actually seen by Motability Finance or if the letters are addressed that way simply because that is the address supplied by the DVLA. I don't particularly want court threats (however empty these threats may be) being sent to Motability.

Has anyone on this board been in a similar situation? I wouldn't mind paying parking charges if I had intended my car to be there for longer than the limit, but on this occasion (as on the previous one) there was nothing I could do about it.

It is unlikely to happen again as I am now going to switch to home delivery.

pogofish

Plenty of people have been here - The Newbies Sticky details your situation and the various avenues for seeing them off. The advice to ignore no longer applies for most PPCs since POFA 2012 came into force in England and Wales.

Which in your case should be a very strong complaint to the store, citing their responsibilities under the Equality Act.

Stroma

Can I ask is the letter addressed to you at your address or have motability passed you the letter?

Also have you read the newbies sticky thread that runs you through everything you need to do? Finally have you made complaints to tesco themselves? Is this a retail park as tesco normally use HIGHVIEW ?

Jockice

Hi Stroma.

the letter seems to have come straight from VCS as it had a Sheffield postmark so I am guessing that Motability haven't seen it, but I don't know if they've been sent duplicate copies or whatever.

I'm just about to take a look at the sticky. Although I have looked on this forum quite a few times before I'm not yet totally used to the format.

I haven't complained to Tesco. It's based in an off-road shopping precinct which has several other shops so I'm guessing it's not their full responsibility. I could be wrong though. Cheers

pogofish

If you try searching the location in this forum, you may find threads by someone else who has been ticketed in the same car park - which might help identify who to challenge.

However, if Tesco shares/uses it, they have the duty to make reasonable adjustments for your condition and would be held jointly and severally liable for any action about a breach of the Equality Act.

Redx

check the VCS NTK for details of the creditor, especially if its tesco

use the NEWBIES sticky thread to appeal this within the 28 days, no delays, take no notice of so called friends who know absolutely nothing about it, use the advice from here and appeal it , promptly (those friends dont have a clue if that is the advice they gave you)

complain to tesco under the EQUALITY ACT 2010 , as its the EA 2010 that protects you, not any BB as they are not valid on private land (check your booklet)

the landowner and VCS are responsible , so mention that the RK is a BB holder in your appeal as an extra point and that they have to abide by the EA 2010 too

do not admit who was driving however, no matter what they say, so no giving the game away , even as a passenger you are covered under the EA 2010

so complain to tesco, complain to any landowner (using the EA 2010)

and send the template letter in to VCS and mention that a BB holder was involved so they have a duty of care under the EA 21010 too

AnnieO1234

Motability will not have been informed, unlike regular leases the car is registered to you (or sometimes a family member).

X

Stroma

AnnieO1234 wrote: »

Motability will not have been informed, unlike regular leases the car is registered to you (or sometimes a family member).

X

Sometimes on leases they are down as the registered keeper, there are literally hundreds of threads with that on here, and we have actually discussed this on various threads as sometimes the person hiring is the registered keeper, sometimes like in this case its the hirer plus c/o motability

We ask every time as we get a lot of enquiries of this nature.

Jockice

Just to say thanks to everyone for their advice. I've had a look at the sticky and am composing my letters now. Cheers.

Jockice

Morning. Just to say thanks to everyone on here who helped me with this matter. I received a letter from VCS yesterday saying that they'd dropped the charge. Thanks again. All the best.

Coupon-mad

That's great news! Was that just on receipt of a first appeal?