UKPC Parking Charge for parking in disabled bay

zmr1

:rotfl:! I can't get that image out of my head now...

maybe next time to establish the urgency of the situation, there will be a Hansel and Gretel trail for the attendant to follow...

on a more serious note, if there is not a legal requirement to display/have a BB in private parking areas, shouldn't the regulations be amended to reflect the ambiguity of the situation that the attendant is placed in when there is no BB displayed...?

Coupon-mad

What regulations? There are no regulations relating to Blue Badges in private car parks. The scheme does not apply, but PPCs have adopted it to pay lip service to the Equality Act and give them another excuse to make money from victims, whilst telling the retail parks that they are 'policing the disabled bays'.

You can see why Blue Badges can be a useful indicator or disability need. But what PPCs do wrong (and no-one cares) is they treat it wrongly, as the ONLY indicator of disability need. This is not on-street so statutory rules do not apply, the Equality Act does. Not that POPLA consider that Act.

pappa_golf

Coupon-mad wrote: »

urgh!!

The car would have got a PCN anyway of course because the goon only looks for a Blue Badge and doesn't understand the Equality Act even if he pushes a driver with a zimmer frame out of the way to get to the car quick enough to slap a PCN down.

employment tribunal:


now Mr hitler , you worked for UKPC and were sacked after an injury at work , instead of receiving sick pay , please tell us more?


I was going about my job , and whilst ticketing a car , I tripped on a zimmer frame

beamerguy

Coupon-mad wrote: »

urgh!!

The car would have got a PCN anyway of course because the goon only looks for a Blue Badge and doesn't understand the Equality Act even if he pushes a driver with a zimmer frame out of the way to get to the car quick enough to slap a PCN down.

UKPC is the place where goons are born, then they go forth and multiply

Herzlos

pappa_golf wrote: »

agreed with guys dad


unless there was a "diarrhoea (sometimes with blood and mucus)" trail running from the car door to the nearest Loo , how would the attendant know of any difficulties?

Presumably he watched said panic-stricken individual leave the car, so could have asked (the disabled bay wardens seem to always be ready to pounce). Or he could have asked on return, or just used some initiative.

Redx

zmr1 wrote: »

on a more serious note, if there is not a legal requirement to display/have a BB in private parking areas, shouldn't the regulations be amended to reflect the ambiguity of the situation that the attendant is placed in when there is no BB displayed...?

yes, and I raised matters like this in the DCLG survey some 15 months ago and advised them to clarify the BB scheme and also extend it to cover parking on private land where bays under the EA2010 exist, plus to extend the scheme to allow anyone with a protected characteristic to be able to get one (so it covers everyone who should be covered and can then be used to display that right by all who have that right under the EA2010)

and what have they done about it so far ?

NOTHING AT ALL


also, people have lobbied parliament and taken operators to court for failing to abide by the EA2010 requirements

one aspect they want to be changed is the ability to report an abuse to the police or some other body and for them to take the matter up, instead of leaving it to the individual themselves to take it to court on a case by case basis

here is todays news in this long running, complicated saga

http://www.bbc.co.uk/news/uk-36840850

Guys_Dad

After reading the OP again, I think you should be prepared to answer or have a reason for why you didn't go to the loo, leave your wife in the car to explain if needed and then return and move the car to a non-disabled space.

"On this particular day (16/07/16) driver with family to a shopping centre and had an IBD flare up, meaning needed to go to the toilet... and URGENTLY! found the closest parking spot to the entrance which happened to be a disabled bay. continued with shopping and returned to the car later on and found the UKPC parking charge stuck on the windscreen. "

I know it's easy to be wise after the event, but you might need to think this point out should the centre not cancel your charge.

zmr1

Thanks all. The tickets been cancelled. Not sure if it was the strongly worded letter to centre management or some other circumstances. But they've put it down to "a gesture of good will"

See letter from centre management below:

Thank you for your email and please accept my apologies for the delay in replying to your email.

I have been in contact with UKPC so I could understand the nature of the parking charge in the first instance and the response received based upon the queries raised is as follows:

“It is important to note that as an organisation we (UKPC) do our utmost to adhere to The Equality Act 2010 not only because of its legislative ramifications, but also because we do understand that disabled motorists have particular needs in comparison to other motorists. As a Private organisation we implement the Blue Badge Scheme to satisfy our obligations under the Equality Act 2010 (Specifically s.20).

Upon inspecting the Equality Act 2010, it doesn’t appear to suggest that disabled motorists do not have to display a blue badge and in any event on private land, we have incorporated its use into a contract with the driver. Our terms depict that all individuals with a disability clearly display a Blue Badge, in an attempt to make the necessary reasonable adjustments under the Equality Act. If we did not implement our procedures in a uniform fashion like this, we would not only potentially find ourselves exposed to litigation risk under the Equality Act 2010 (for failing to discourage the abuse of disabled bays), we wouldn’t be fairly applying our own terms and conditions.

Further, our obligations under the Act are satisfied in that we have provided a reasonable means of avoiding the disadvantage (see s.20(9)(c)) – that being to display a valid disabled badge, which are issued where appropriate to those who satisfy the relevant criteria.”

Both UKPC and I have investigated the appeal based on the information submitted and whilst we feel that the Parking Charge was correctly issued and that UKPC were following the guidelines and enforcement controls as agreed with us, I have decided in this instance, as a gesture of goodwill, that the Parking Charge will be cancelled.

Please therefore take this email as confirmation that your Parking Charge has now been cancelled and the matter concluded.

:beer:

beamerguy

zmr1 wrote: »

Thanks all. The tickets been cancelled. Not sure if it was the strongly worded letter to centre management or some other circumstances. But they've put it down to "a gesture of good will"

See letter from centre management below:

Thank you for your email and please accept my apologies for the delay in replying to your email.

I have been in contact with UKPC so I could understand the nature of the parking charge in the first instance and the response received based upon the queries raised is as follows:

“It is important to note that as an organisation we (UKPC) do our utmost to adhere to The Equality Act 2010 not only because of its legislative ramifications, but also because we do understand that disabled motorists have particular needs in comparison to other motorists. As a Private organisation we implement the Blue Badge Scheme to satisfy our obligations under the Equality Act 2010 (Specifically s.20).

Upon inspecting the Equality Act 2010, it doesn’t appear to suggest that disabled motorists do not have to display a blue badge and in any event on private land, we have incorporated its use into a contract with the driver. Our terms depict that all individuals with a disability clearly display a Blue Badge, in an attempt to make the necessary reasonable adjustments under the Equality Act. If we did not implement our procedures in a uniform fashion like this, we would not only potentially find ourselves exposed to litigation risk under the Equality Act 2010 (for failing to discourage the abuse of disabled bays), we wouldn’t be fairly applying our own terms and conditions.

Further, our obligations under the Act are satisfied in that we have provided a reasonable means of avoiding the disadvantage (see s.20(9)(c)) – that being to display a valid disabled badge, which are issued where appropriate to those who satisfy the relevant criteria.”

Both UKPC and I have investigated the appeal based on the information submitted and whilst we feel that the Parking Charge was correctly issued and that UKPC were following the guidelines and enforcement controls as agreed with us, I have decided in this instance, as a gesture of goodwill, that the Parking Charge will be cancelled.

Please therefore take this email as confirmation that your Parking Charge has now been cancelled and the matter concluded.

:beer:

Great News, well done.

Gesture of goodwill my @ss, UKPC is far too greedy for goodwill

Coupon-mad

That's great news!

Upon inspecting the Equality Act 2010, it doesn’t appear to suggest that disabled motorists do not have to display a blue badge

LOL, of course it doesn't. Nor does it say they must! The Equality Act is silent about making disabled people use a specific 'permit' or wave a red flag before they go anywhere or do anything in life, because it is down to (among other provisions) making service providers offer reasonable adjustments depending upon individual circumstances.