AS Parking, Motability car

Dylanwing

I fell foul of AS Parking in Perranporth, just looking for advice as AS Parking are part of IAS, so no independent appeal. Also, appeals not allowed on compassionate grounds!
Basically, I drive a Motability car as my wife is wheelchair bound. On the day in question, her powerchair was playing up, and she had continence issues, which meant I was 20 minutes late back to my car. It had taken them just 13 minutes to issue a ticket, and rather pointlessly, the disabled badge was on view, as was a wheelchair user sticker on back window.
The landowner is a so-called charity, so I have e mailed them about this, and a non-ticketed parked car blocking an access route, forcing my wife to go into the road. I took a picture, but blocked out reg. number.
Simple question, is it worth appealing, and as a Motability car, any other tips. Or was I in the wrong and best to pay up, and never use the car park again, or give any cash to this so-called charity.
Thanks all

Coupon-mad

Don't pay up.

https://forums.moneysavingexpert.com/discussion/comment/70766995#Comment_70766995

https://bmpa.zendesk.com/hc/en-us/articles/203617011-Athens-Security-Services-Ltd-Trading-As-AS-Parking-

HTH

Ivor_Pecheque

If it's the top car park (Droskyn), the land is owned by the local authority and is thus exempt from The POFA. (They can't rely on keeper liability.)

Lots of threads on the other car parks, and lots of local knowledge on Pepipoo.

If you do visit Perranporth again, there is a non AS car park next to the co-op. Parking is £3.50 all day.

Dylanwing

I went back a couple of days later and just used the blue badge in the Main Street. The car park was the sea front one, I use that as it's handy, and to make a donation to the charity - Won't be doing that again!
Quick question, looking at Cuddly Kev, he doesn't seem a man of compassion, but is it worth adding that the registered Motability lessee (Or whatever the right term is) is wheelchair bound, has degenerative MS and the crime was a mere 13 minutes. Or is it just best to stick to the script?
And thanks for the replies, much appreciated.

Coupon-mad

I would certainly add that detail because if they later try a small claim you can show that they 'knew or should have known' about the disability and you could argue that they failed to make a reasonable adjustment under the circumstances. It's important to prove they get this appeal so send it 1st class with free proof of posting (NOT RECORDED). Keep the cert of posting stapled to a printed copy of the appeal letter in your file for six years, just in case. Or if online appeal is allowed on the PCN, take screenshots & keep them.

You could also show them the view of Helen Dolphin and the fact that Councils were forced to do a U turn when they thought complying with the EA was giving disabled people the SAME parking time for the same money.

Nope! Sometimes positive discrimination is needed to level the playing field:

http://wake-smith.co.uk/news/council-car-park-case-settled-a-victory-for-blue-badge-holders/

Never been tested in a small claim re a PPC as such, not on this basis. But the duty to make a reasonable adjustment is a statutory one (it's the law, not just guidelines and applies everywhere, not just to Councils on-street). A service provider in a customer-facing environment is legally bound by these duties.

Lay it on thick, if only to pave the way to a decent defence should you need it later, then ignore the daft letters in between, except an LBC or court papers of course.

Dylanwing

Thanks, that has led me to some excellent material, and the car park fails on even the laughable IPC code of misconduct. Not too sure how the court would view the case and compliance with the Disability Act, but could deter them from trying. Your help has led me to a couple of specialist disability groups who I have approached for advice. No doubt it won't prevent the "harassment of a vulnerable adult".
Once again thanks, I really appreciate you taking the time to help.

Coupon-mad

You need to get the name of the legislation right when responding robustly. It's the Equality Act 2010, not the old DDA, not the 'Disability Act'.

Dylanwing

Thanks, I nearly made that mistake a year or so ago, so will quote the right act. Your help has been invaluable, and in case Kev is reading this, I won't spoil the surprise!

Dylanwing

Contacted the charity who phoned AS to see if the ticket could be cancelled. Amazingly it couldn't, but They do have a heart, if I appeal, then they will accept only £60 when its rejected. Love em.

Coupon-mad

Dylanwing wrote: »

Contacted the charity who phoned AS to see if the ticket could be cancelled. Amazingly it couldn't, but They do have a heart, if I appeal, then they will accept only £60 when its rejected. Love em.

How.generous.of.them.

Sit tight. Keep your money in your pocket.

Ralph-y

might be worth a PM to Ivor Pecheque
as he has links yo local papers / radio who are interested in such ....

keep it up

and
good luck

Ralph:cool: