Disabled charge in a UKPC managed shopping centre

Bingomania

Hi all. I once received some good advice here when I myself received a parking charge, so I thought it was a good place to ask for the best current advice for my uncle.

He is the keeper of a vehicle that was recently ticketed in a UKPC Ltd run car park for "parking in a disabled person's space without clearly displaying a valid disabled person's badge". He is over 80, receives attendance allowance, has a daily carer and uses a walker. He was also travelling with a wheelchair user. A badge may not have been displayed but as two passengers are clearly disabled shouldn't use of a wheelchair bay be allowed under the Equality Act 2010? I have suggested he complain to the shopping centre. Any other advice welcome though as threat of this £100 charge is causing him some distress.
Thanks

Umkomaas

1. Windscreen ticket? Have you received the Notice to Keeper through the post yet? If not, wait for this, 29-56 days after parking event.

2. There needs to be a big push on the retailer (which can be done now) that UKPC's pursuit of the parking charge, affecting both car occupants who need adjustment under the Equality Act 2010, has exposed them (the retailer) to a claim (from both individuals) under the Act, with minimum claims commencing at £500 per person. You may need to do some digging as to who contracted with UKPC. They will be your 'target'.

3. Have a thorough read of the NEWBIES FAQ sticky near the top of the forum index, one page back from here. That will tell you how to deal with the PPC once you get the NtK.

Coupon-mad

Follow the appeals process in the newbies thread* which means the keeper sends a template appeal around 21 - 25 days after the PCN date. I tend not to advise waiting for the NTK now, particularly with UKPC (the idea is they then forget to send him any 'Notice to Keeper' at all which wins the POPLA appeal if you point that out!

Appeal online and DO NOT choose 'driver' as the status of the appellant, choose 'registered keeper' and do not add anything to the template. NOTHING.

Hopefully the retail park will cancel it - not Aylesbury is it? I've helped people with this but had to go to POPLA to win the appeal, the retail park didn't cancel it.






* A 'sticky' thread permanently stuck near the top of the forum list. Two clicks back. Just click on 'GO' next to 'FORUM JUMP' on the right now, then click on the obvious (capital letters) 'Newbies please read this first!' thread.

I won't post a link, finding your way around the forum is easy - and important once you get to the next stage of POPLA appeal, you need to be able to hop round a bit and search this forum to find UKPC POPLA appeals.

Bingomania

Yes, have read the Newbie thread, really helpful. Will again recommend he complains to the Centre management and see what happens. Not sure about the £500 claims, is that common?

Thanks.

Guys_Dad

Bingomania wrote: »

. A badge may not have been displayed but as two passengers are clearly disabled shouldn't use of a wheelchair bay be allowed under the Equality Act 2010? I have suggested he complain to the shopping centre. Any other advice welcome though as threat of this £100 charge is causing him some distress.
Thanks

I may have misread your initial post and I may be risking the wrath of regular posters, but I do see a number of posts where a disabled person has not displayed a Blue Badge and then vents forth against the PPC and landowner.

My take is this. Disabled people require wider spaces and shops frequently provide these. Regrettably, with our current "lack of respect" society, there are those callous people who would take up the disabled slots and, naturally, disabled people don't like that and would "want something done".

Now in your uncles's case, a BB was not displayed and, for better or worse, that is the mechanism that PPCs and landowners have chosen as the indicator of the right to park in the wider slot. So how was the PPC supposed to know that there was a disabled person using the space?

So, he made a mistake. That being the case, then I take issue with the use of your word "complain" above. I think that a letter of explanation to both the PPC and shop along with a copy of the BB and confirming the circumstances about his age and travelling companions should be written, but accepting "fault" as being his.

Now, should the appeal at that stage not be accepted, then that's the time to come out guns blazing and put pressure on the store in any way you think fit.

So, to summarise, if a disabled driver forgets to display any evidence of having the right to use a disabled parking place, that is NOT the PPC's fault or the shop's either, but the motorist's. And most disabled drivers would be pretty miffed if all their slots were taken up by the able bodied.

However, after having been notified of the fact that it was a disabled driver/passenger and some evidence being provided, then any responsible landowner should take that into account and prevail on the PPC to cancel. If they don't then that's when complaints should arise.

All of the above is, of course, in the context that all PPC charges for mis-parking are outrageous and should be defended strenuously.

aguynameddarryl

Bingomania wrote: »

He is over 80, receives attendance allowance, has a daily carer and uses a walker. He was also travelling with a wheelchair user. A badge may not have been displayed but as two passengers are clearly disabled shouldn't use of a wheelchair bay be allowed under the Equality Act 2010?

How were the PPC to know that two passengers were disabled?

In this case, the PPC can't do right for doing wrong! The law helps those who help themselves, in this case, you've not helped yourself and, as far as I'm concerned, this looks like a legit PCN*.

*subject to the usual caveats about POFA, signage etc.

pogofish

aguynameddarryl wrote: »

How were the PPC to know that two passengers were disabled?

In this case, the PPC can't do right for doing wrong! The law helps those who help themselves, in this case, you've not helped yourself and, as far as I'm concerned, this looks like a legit PCN*.

*subject to the usual caveats about POFA, signage etc.

They don't - However as soon as they (and/or the retailer who are equally liable) are informed that the person concerned is someone requiring a reasonable adjustment under the Act, then their responsibility is unarguable.

nigelbb

pogofish wrote: »

They don't - However as soon as they (and/or the retailer who are equally liable) are informed that the person concerned is someone requiring a reasonable adjustment under the Act, then their responsibility is unarguable.

Exactly. The aim of parking management should be to deter non-disabled drivers from parking in disabled bays not to 'fine' disabled drivers for not displaying a blue badge.

aguynameddarryl

pogofish wrote: »

They don't - However as soon as they (and/or the retailer who are equally liable) are informed that the person concerned is someone requiring a reasonable adjustment under the Act, then their responsibility is unarguable.

It's an imperfect system, but this militant, righteous disability campaigner complaints model is rather tiresome.

To attack the PPC for ticketing this vehicle is plainly nonsensical.

pogofish

aguynameddarryl wrote: »

It's an imperfect system, but this militant, righteous disability campaigner complaints model is rather tiresome.

To attack the PPC for ticketing this vehicle is plainly nonsensical.

No - Actually, its the law!

The days when disabled people had to beg, prove themselves or register for gracious concessions from an able-bodied society are pretty-much gone. At least in this context.

And I'm not attacking the PPC for ticketing the vehicle - the whole punative model of car park management is a subject for concern - disabled or not.

However, once informed that a reasonable adjustment is required/involved, any PPC (or retailer) failing to recognise their responsabilities under the Act is a matter for the strongest complaint!

fisherjim

aguynameddarryl wrote: »

It's an imperfect system, but this militant, righteous disability campaigner complaints model is rather tiresome.

To attack the PPC for ticketing this vehicle is plainly nonsensical.

Why is it nonsensical?
The ppc's supposedly have an appeals system, and any fair minded system would cancel the ticket once an appeal by the disabled person or representative was made.
Or in the good old days of onsite parking operatives they would actually manage the bays and make the allowance on the day.
But no it's all about the cash, and bullying the people that least deserve it!