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Parking Charge Notice

I parked in a disabled bay on a car park at Robin Park Wigan, but I simply forgot to display my blue badge.

The Company CM Services LTD issued me a parking charge notice (on behalf of the Landowner) for *not displaying a valid disabled badge*. I have 14 days in which to pay the reduced amount of £60 or 28 days to pay £100.

I have read different posts on here but still unsure what to do. The notice states I can appeal to the company, and if they reject my appeal they will give me the contact details for the Independent Appeals service (IAS).

Are they allowed to access my details through the DVLA?

Is it worth appealing sending a copy of my blue badge and proof of ownership of car registered as disabled?

Any advice would be welcome. I am due to have major surgery and worried about the added stress of this.
«1

Comments

  • Ralph-y
    Ralph-y Posts: 4,740 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 19 August 2015 at 4:48PM
    have a read through the newbies thread

    https://forums.moneysavingexpert.com/discussion/4816822

    what stores did you visit ? do you still have receipts ?


    "Are they allowed to access my details through the DVLA?"

    yes

    "Is it worth appealing sending a copy of my blue badge and proof of ownership of car registered as disabled?"

    It can be done as part of any appeals as long as you do not 'out' the driver

    "Any advice would be welcome. I am due to have major surgery and worried about the added stress of this. "

    keep calm and follow the advice ..... as part of my post opp rehabilitation I like visiting this scam park to offer advice to those who get caught up
    :D




    Ralph:cool:
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    yes they can get dvla details for the owner of the car (who may or may not be the driver)

    the BB isnt relevant on private land, but the EA2010 is

    they could cancel the charge if you provided a copy of the BB, but probably wont

    DO NOT NAME THE DRIVER, OR INFER WHO WAS DRIVING

    you can say an OCCUPANT of the car was disabled and show a redacted copy of the badge, saying that the full badge will be produced in court as evidence in any defence

    complain to the landowner too, to get the charge cancelled due to the EA2010
  • angrymama
    angrymama Posts: 13 Forumite
    Thank you Raph-y for your prompt reply. I was at the cinema with my friends. I have the receipts from the cinema. Can they get the Parking Charge Notice cancelled?

    I am so cross with myself as I only got the badge recently and had been basically confined to the house before. It has proved very useful and has allowed me to go to such places as the cinema occasionally.
  • Ralph-y
    Ralph-y Posts: 4,740 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    yes ....

    so please read Redx' comments .... he knows what he is talking about. ....

    I take it that this was a windscreen ticket?

    so..... to do list....

    read newbie thread
    complain to cinema
    find out who land lord is
    get initial appeal to the PPC ready (DO NOT appeal just yet ... await NTK)

    was this the [STRIKE]car[/STRIKE] scam park in front of the cinema? ...

    Ralph:cool:
  • angrymama
    angrymama Posts: 13 Forumite
    Thank you Redx for your advice. So if I state that .... we were visiting the cinema that day and one of our party is disabled. According to the EA2010 we had the right to park where we did, and the blue badge will be provided as evidence in any defence at court.... Is that adequate as an initial appeal letter?

    As mentioned to Ralph-y this recently acquired blue badge has helped me to get out more. I realise that I should have displayed the badge, but I now feel totally victimised.

    Many thanks for your help.
  • Half_way
    Half_way Posts: 7,516 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    (once they have written to you and not before ) you could try something like this Dear Parking company, Re parking charge invoice #xxx
    Your attendant recently issued my vehicle (registration number xxx) with a parking charge, for allegedly not displaying a blue badge in a disabled bay, As he/She didnt see the badge, please find attached/enclosed a copy of the aforementioned badge.
    As the Driver/passenger(s) have a Disability thats covered under the Equalities act you must now cancel any charge with immediate effect.
    I would also like to point out that the Blue badge scheme is not valid on private land ( as detailed in the handbook ) and by insisting upon it in order to access disabled/special needs provision at the site you/the land owner may be breaching the Equlaities act, its also worth pointing out that certain people who require reasonable adjustments under the Equalities act may not possess a blue badge.
    Apart from canceling this ridiculous charge notice, it may also be prudent for you to adequately train your staff.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • angrymama
    angrymama Posts: 13 Forumite
    Hi Ralph-y,

    Yes it was a windscreen ticket. I have skimmed over newbie thread..I will read in detail, in a panic right now! I am taking all yours and Redx's valued advice. I thank you both very much.

    Yes it was in front of the cinema. I'm guessing your familiar with it?
    I will firstly contact the cinema, complaining. I'm angry enough, hence my username!
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    you have been victimised, but I suggest you read the blue booklet as the BB applies to roads and councils, not private car parks

    these private car parks require it as a sort of permit, which you never want to fall foul of (hospitals, supermarkets, retail parks, leisure centres etc)

    there is a template letter in the NEWBIES sticky thread, use it and add your paragraph at the appropriate time, usually when the NTK comes, but dont expect them to cancel

    so do as Ralphy says above

    prepare a complaint letter (not appeal) to the landowner or managing agent and include a similar paragraph , insisting they cancel the charge as the occupant of the vehicle is covered by the EA2010 and also show a redacted copy of the blue badge

    THIS CAN CONTINUE FOR 6 YEARS IF YOU DONT NIP IT IN THE BUD

    so the landowner cancellation is best

    the PPC or landowner have 6 years to bring about a court case, so you want to try to avoid it as much as possible

    in future, know the signs where you park and be very careful
  • angrymama
    angrymama Posts: 13 Forumite
    Thank you Half_way, wow am I glad I posted on here. So I do not write to them in the first instance? I have never done anything like this before. I guess so many just pay for fear of paying the full amount at some point! Your letter is excellent and I will definitely use it.

    Very much appreciate your help.
  • Half_way
    Half_way Posts: 7,516 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Seriously dont panic, dont get upset and dont worry, sit back and chill, you wont be paying anything

    Was this the place? http://completelyretail.co.uk/portfolio/TIAAHenderson/scheme/3498 there may be some useful contacts there if the cinema, doenst know what to do/want to help.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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