DeVere Parking Services Unjust Court Decision

Wibby8888

My Dad is a resident in a local Residential Dementia Care Home. Several times a week I visit him and take him out to places all over Dorset. He isnt a very sociable person within the Nursing Home so really looks forward to his trips out with me.

Last October I stopped off at Castlepoint Shopping Centre in Bournemouth to run in to Asda and get a sandwich for our lunch, something that I always did. I parked in a disabled bay as usual, displayed my Dads Blue Disabled badge in the front window, and left Dad waiting for me. While I was in Asda for about 5 minutes my Dad took the disabled badge out of the window and got out of the car with it. In the meantime a Parking attendant/officer from Devere Parking Services issued a ticket on my windscreen. When I came back I saw my Dad near to the car and as we walked back to the car I noticed the ticket. I immediatley looked around for the parking attendant to explain to him what had happened but couldnt see anyone. I then called the telephone number of Devere Parking Services, but after trying several times could not get through. I then took a photo of my dad in the car with his valid parking badge, hoping that I would be able to show this to Devere Services to prove that we had the badge and that my dad got confused on this occasion and that they would be understanding in this case, and let us off with the charge.
It was impossible to contact the office by phone, so I wrote to them explaining exactly what had happened and that I felt it unfair that I should pay the fine. I received a letter back from them saying I still had to pay the fine. I was quite upset and angry about this, and again replied saying I couldnt pay it as it was a genuine mistake.

It eventually ended up in County Court. I was sure that the judge would take my evidence of photos taken on the date in question and the time (being around 10 minutes after the ticket was issued) and explanation into consideration. I told her of my Dads Dementia and that he got confused. She wasn't at all compassionate about my case and ordered me to pay the fine which amounted to £180 including £50 court costs.
I have been advised I may be able to appeal against this decision. I have no knowledge of the legal side of this and I find it extremely sad and disheartening that it was dealt with in this way. I have spoke about it on Social Media and the people have responded are shocked and disgusted and advised me to go to Bournemouth Echo with this story and to write to my Dads MP.

Does anyone have any help & advice as I feel that this decision from the court is unjust, especially the fact that these days out with my Dad are all he looks forward to. It is very costly too and I need money to fund our trips out together.

The_Deep

ISTR reading somewhere that certain CCJs were being "very helpful" to this company. Can anyone throw any light on the matter?

Half_way

If your not sure if the above, at what court was the car heard?

Also at any point did you contact castlepoint?
Plus any publicity, should be directed at castlepoint as it is they who allow devere to act on their behalf in the car park.

Have you posted this to castlepoints facebook page?
If you do focus on castlepoint and not so much on devere.

Quentin

Wibby8888 wrote: »

I have been advised I may be able to appeal against this decision. ....... It is very costly too and I need money to fund our trips out together.

You do have the right to appeal, though you should bear in mind that unless you win there are costs which could be substantial


So if you are seriously considering this then you should get advice from a solicitor first on your chances (you need to be able to show the judge was wrong in law - your opinon on her lack of compassion to you isn't grounds to win an appeal)

fisherjim

If that was your defense it's no wonder you lost, you went about it about it totally wrong in my opinion, the judge may not have been clued up on private parking rules, and you calling it a fine wouldn't help that.

The Blue badge scheme has no legal significance on private land, however the rules expressly state that:

"Do not allow other people to use the badge to do something on your behalf, such as shopping or collecting something for you."

"You should not use the badge to allow non-disabled people to take advantage of the benefits while you sit in the car."

So in effect you were using the badge to your own ends, which a judge would not look favourably on.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/443225/blue-badge-rights-responsibilities.PDF

Pity you didn't come here first, there are other legal arguments you could have used against the PPC, not mitigation which you have tried and failed.

beamerguy

What a disgusting story, the judge clearly does not live in the real word nor has a clue about Dementia. Shame on that judge

My mother has dementia and is in a home. When I take her out for drive, a carer from the home comes with us as I do not trust her if I leave to car to get something

Those with Dementia forget who they are, where they are and put items in odd places.
These are the symptoms of Dementia

YES you should tell the Bournemouth Echo about this story and write to your Dads MP. You should advise and complain to Asda about Devere Parking Services who are well known in Bournemouth for their sharp scamming practice.

You should also contact the Alzheimers Society
https://www.alzheimers.org.uk/

They have a forum like this one and you may well find similar cases and further advice.

If this was me, I would make certain that Devere, Centerpoint and that terrible judge are exposed

beamerguy

fisherjim wrote: »

"

[/I]So in effect you were using the badge to your own ends, which a judge would not look favourably on.

The OP is acting as one of the thousands of unpaid carers.
Hardly using the badge for her own ends. If her dad had not left the car and taken the badge with him the PPC would not have issued a ticket. The point is the lack of understanding by the PPC and even worse a judge who does not see the wood from the trees

fisherjim

beamerguy wrote: »

The OP is acting as one of the thousands of unpaid carers.
Hardly using the badge for her own ends. If her dad had not left the car and taken the badge with him the PPC would not have issued a ticket. The point is the lack of understanding by the PPC and even worse a judge who does not see the wood from the trees

I acted as an unpaid carer for 10 years for my mother in law who now thinks I am her dad, don't lecture me with your usual feet first ramblings!

Quentin

beamerguy wrote: »

The OP is acting as one of the thousands of unpaid carers.
Hardly using the badge for her own ends. ....

The blue badge is irrelevant in this instance - they are not valid for parking in supermarkets.


As regulars should know!


(And blue badge holders should know too)


And drivers aren't allowed to use them anyway to go shopping whilst the badge holder sits in the car!

HO87

Although the OP hasn't disclosed the location of the court I'd guarantee that it was at Bournemouth. Devere only ever play at home and have a disgustingly successful number of wins.

I entirely sympathise with the OP and it really is a shame that the OP hadn't happened across this forum before heading to court.

The OP has the option to appeal but this will only involve the matter going to the Circuit Judge. I'm not sure that that is likely to improve his chances of overturning the case. If I remember correctly Castlepoint (a well-known haunt of Devere) has had a specific policy of enforcing BB "rules" to deter abuse. Quite. Abuse by whom?

@Quentin. BB's may not have the same standing in private car parks as they do in those that are council run or on the street but a landowner is at liberty to determine that he will use the BB scheme as a means of identifying some of those he might allow to use disabled spaces. Their standing isn't automatic I'd grant you but a landowner can use it as a criterion.

As for the use by a driver who is not the holder of the BB (but is their carer/helper) I suggest you bone up on how such BB's may be used in these circumstances.

Quentin

HO87 wrote: »

... If I remember correctly Castlepoint (a well-known haunt of Devere) has had a specific policy of enforcing BB "rules" to deter abuse. Quite. Abuse by whom?

Well.....the OP admits abusing the BB by parking in a disabled spot and popping into Asda whilst the BB holder sat in the car/went for a walk.