Disabled Parking Bay

heyyoujim

Hi.
My wife is long term disabled and has a current "blue badge".Yesterday we parked her vehicle in a disabled parking bay in a car park which serves multi retail outlets. The car park is run by UKCPS Ltd. I took my wife to a nearby shop in her wheelchair and were away from the vehicle for less than 10 minutes. On our return to the car we found a PCN attached to the windscreen above the Disabled tax disc stating "in a disabled bay no valid badge displayed". Telling us to pay a fine within 14 days.
We unfortunately had forgotten to display the blue badge!
We are well aware of the pros and cons of disabled parking bays but feel that as this is a free car park for anyone to have to pay a fine of £100 (£60 if paid within 14 days) is excessive.
Should we just bite the bullet and pay or does anyone think we may have any chance of winning an appeal?
Thanks.

The_Deep

Why should you pay, do you think that your moment of forgetfulness cost the PPC all that money, do you think that the landowner wants you to pay?

This is a money grabbing racket by people who used to clamp cars for a living. Other on here will tell you how you can make them pay for their greed.

pogofish

Get yourself into the Newbies Sticky at the top of this Forum for all you need to see this-off if you use the proven appeal points/approaches described.

And you also need to appreciate that the Blue Badge has no meaning whatsoever as far as private parking is concerned - What applies here is the Equality Act and regardless of badge, your wife is entitled to use an accessible space. So my suggestion is that you first do a strong complaint to the store/landowner who could be held equally liable with the PPC for the breach of the Act.

You don't say where this happened - was it in England/Wales or Scotland/NI, advice is different for both.

BenefitMaster

CM will be along soon to tell you how to make UKCPS and the Landowner regret ticketing you.

heyyoujim

Thanks to those who have replied. Your answers so far have helped us feel a little less foolish than we did yesterday. To answer one question this occurred in England. One query we do have is upon reading advice in Newby Stickies we are advised to do nothing until such times as we receive a letter (after 28 days). However if we leave it until then does that mean we lose the opportunity to settle for £60 and then subsequently have to pay the full £100?

Coupon-mad

No. Because you won't be paying a penny and because that deadline is for the DRIVER. You won't be appealing as the driver, the Newbies thread explains that.

So while you are waiting, pop into the stores on site this week - clutching the offending piece of rubbish UKCPS put on your windscreen - and ask the Store managers to waive the charge. Even those stores you DIDN'T visit, just go into each one saying you were browsing that day. Keep trying until you find a Store manager (NOT THE FIRST PERSON YOU SEE ON THE CS DESK!) who will cancel this irksome scam.

If none of them can help because they say it's up to the retail Park owners, then ask who that is, who to complain to please. And complain to them. You can also find who runs any retail park, obviously, by Googling the name of the place; there are always retail unit Google results which state who the Managing Agent there is.

Come back if you have no luck after trying those avenues of complaint. You have a whole month because UKCPS cannot write to the keeper until at least day 29 onwards. If you pay you are a mug - so don't be one! UKCPS potentially breach the Equality Act as soon as they know about the fact the driver/passenger was disabled (and therefore had a right to be parked there). So that will form part of your appeal as keeper - to inform them of the disability and right to be there in that bay - but only when the first letter arrives, and only after trying to get the Retail Park and Store Managers to cancel this worthless charge.

DO NOT be fobbed off or told to 'appeal' by any Store Manager - we know when to appeal and it is not yet! Be assertive and stay put until they cancel it or tell you who to complain to who runs the Retail park.

heyyoujim

Hi. Further to my post of 2 Dec 2014 I would appreciate some advice on how to proceed. The vehicle owner has waited for a written notice from Ukbps which, according to posts on this site should have arrived between 29 and 56 days from the original date, however no such notice has been received. Can anyone suggest a proper course of action? Thanks.

Fruitcake

heyyoujim wrote: »

Hi. Further to my post of 2 Dec 2014 I would appreciate some advice on how to proceed. The vehicle owner has waited for a written notice from Ukbps which, according to posts on this site should have arrived between 29 and 56 days from the original date, however no such notice has been received. Can anyone suggest a proper course of action? Thanks.

Keep waiting. If anything eventually arrives in the post it will be out of time and non POFA 2012 compliant. That's another stick to beat them with via complaints to the DVLA and their ATA.


Don't contact the PPC, and never ever 'phone a PPC if you need to contact them later.


Did you complain to the retailers/landowner as advised?

heyyoujim

Yes the landowner was contacted - lincolnshire co-op. A letter was sent pointing out all relevant facts with photocopies of blue badge held by vehicle owner. An acknowledgment was received pointing out the reasons why they employed ukcps in particular in relation to disabled drivers. They pointed out that management of the car park is compliant with the equality act and does not result in discrimination. They did however say that the appeal process should be followed and should include copies of blue badge details etc. and if this was first time a penalty notice has been issued the ticket could possibly be cancelled.
Thanks for your reply to the post.:)

Fruitcake

heyyoujim wrote: »

Yes the landowner was contacted - lincolnshire co-op. A letter was sent pointing out all relevant facts with photocopies of blue badge held by vehicle owner. An acknowledgment was received pointing out the reasons why they employed ukcps in particular in relation to disabled drivers. They pointed out that management of the car park is compliant with the equality act and does not result in discrimination. They did however say that the appeal process should be followed and should include copies of blue badge details etc. and if this was first time a penalty notice has been issued the ticket could possibly be cancelled.
Thanks for your reply to the post.:)

That's a load of cobblers from the Co-oP.


They are required by law to provide a certain number of disabled spaces. A blue badge is not the only indicator of a disability therefore someone with protected characteristics under the Equality Act 2010 but who does not have a blue badge can legitimately park in a disabled bay on private land. There is no mention of the (Council and on-street parking only) blue badge scheme anywhere in the EA 2010.


However, in your case the PPC were aware, or should have been aware that an occupant of the car had a disability because of the disabled sign on the tax disc. Subsequently you have shown the Co-oP that an occupant did have a blue badge and from that point on the EA 2010 takes precedent over any made up rules the PPC may put on their signs.


A sign that says only disabled people with a blue badge can park in a disabled bay is discrimination against people who have a disability and/or protected characteristics under the EA 2010, but don't have a blue badge. Since the Co-oP employ UKCPS then they are the primary and are jointly in breach of the Act and liable to finding themselves in court.


I would contact the head honcho/CEO of the Co-oP telling them this and requiring them to cancel this ticket accordingly. Say that if they don't do this in say one week then you will become ex customers and will tell everyone you know about the despicable and unlawful treatment a disabled person has received. Contact the local press, TV, and your MP as well if you have a mind.

Redx

you can also consider a counter claim under the EA2010 from the disabled person themselves (in the small claims court) - make sure you do an LBC (Letter Before Claim) about this, giving them chance to right the wrong , keep copies and ensure it goes recorded delivery for proof of receipt (keep the proof the PO gives you)

like happened here (different circumstances but similar overall issues)

https://forums.moneysavingexpert.com/discussion/5049715

enclose a copy of the valid BB just so they know its true and you mean business