Wrong Blue Badge - UKCPS ticket

RexEverything

Good afternoon all, hoping for some advice if possible.

Received a PCN from UKCPS on Sunday night for parking in a disabled bay - my young son does have a valid blue badge, but the old one was still in the car, and we somehow managed to put that one on the dashboard instead without realising.

Is it worth writing to them and explaining the mix-up, or is our only hope to appeal as advised in the Sticky Thread?

To further complicate matters, we won an appeal against the same company a few years ago for something similar (the blue badge had expired the day before and we didn't notice) so will that make them more likely to try for the full charge?

Many thanks in advance

The_Deep

Yes, but if push comes to shove, they are unlikely to win if this ever gets to court, read my post this morning about their signs and also this piece about v.a.t.

This company appears to have a problem with v.a.t.

If, as they claim, this is contractual charge, it is a fee for parking, and thus vatable. Have they accounted for vat on their paper work?

Ask them for a vat invoice. If they ignore your request, (which they probably will), it is a useful stick with which to beat them if it ever gets to court.

More reading here
https://forums.moneysavingexpert.com/discussion/5033796=

https://forums.moneysavingexpert.com/discussion/5195437

https://forums.moneysavingexpert.com/discussion/5087925=

If you suspect tax evasion report it to the fraud hot line here

http://forums.moneysavingexpert.com/showthread.php?t=5087925&highlight

Redx

I doubt any appeal would work with UKCPS but you can try the IPC template and add a copy of the valid blue badge attached with the appeal

chances are they will not cancel

your best option is a landowner cancellation after reading them the riot act (Equality Act 2010)

Coupon-mad

RexEverything wrote: »

Good afternoon all, hoping for some advice if possible.

Received a PCN from UKCPS on Sunday night for parking in a disabled bay - my young son does have a valid blue badge, but the old one was still in the car, and we somehow managed to put that one on the dashboard instead without realising.

Is it worth writing to them and explaining the mix-up, or is our only hope to appeal as advised in the Sticky Thread?

To further complicate matters, we won an appeal against the same company a few years ago for something similar (the blue badge had expired the day before and we didn't notice) so will that make them more likely to try for the full charge?

Many thanks in advance

If the VRN of the car is not the same one as last time, distance yourselves from that by using a different family address this time for the letters, just in case they've kept data they should not have.

Make sure it's an address where you can get all letters quickly and the person won't panic and pay if they open the demands over the months.

BobJameson

Don;t forget that the Blue badge, in date or not, is prima facia evidence that the vehicle was being used by a disabled person, so all of the protections of the Equalities Act will engage.

CM is apparently the EA specialist, I'm surprised she didn't already jump on this - they must give extra time, allow more leeway, demonstrate compliance with the act etc.

UKCPS do sometimes do court, but not often

RexEverything

So best bet is to write to Cineworld first, citing Eq Act, and see if they will help; after that appeal via UKCPS procedure and take it from there?

Thanks all for speedy replies

Fruitcake

RexEverything wrote: »

So best bet is to write to Cineworld first, citing Eq Act, and see if they will help; after that appeal via UKCPS procedure and take it from there?

Thanks all for speedy replies

Yes, write to the landowner and attach a copy of the current BB. Don't mention the out of date one.

I would send the IPC template letter to the parking company in parallel. Don't miss the appeal deadline for IPC members, three weeks I believe. It is not cancelled until the PPC say it is, but with most parking companies they just want your money and don't care about anything else.
Don't be surprised if it isn't cancelled.

RexEverything

As expected, UKCPS have rejected my appeal. Is it now worth appealing to the IAS? opinion seems to be divided on here as far as I can tell?

I also note that UKCPS say that if I appeal to the IAS I will lose the option of the discounted penalty charge!

Redx

some say yes , some say no , I say no

you really need to get a grip on the landowner and read him/her the riot act (EA2010 to be precise)

talk about counter claims for £1500 and mention you hold both the landowner and UKCPS jointly and severally liable

did UKCPS really use the word "penalty" ?????????

its a parking charge notice, an invoice , nothing more

RexEverything

no in fairness, it does say 'parking charge' rather than 'penalty' - my mistake. I've had no reply from the Landowner but I will try another letter now threatening Eq Act etc.

thanks

Coupon-mad

Do not try the IAS. This is covered in post #3 of the NEWBIES FAQS thread. IAS is considered to be a kangaroo court, look:

http://parking-prankster.blogspot.co.uk/2016/01/is-independent-appeal-service-kangaroo.html

Forget the discount bribe, if you pay a PPC you are considered by us to be supporting the whole scam and indeed, funding the next couple of PCNs against a little old lady, vulnerable family, etc. This is not a fine and cannot affect your credit rating unless you ignore court papers/miss court deadlines or refuse to pay after losing at a hearing. All of that has to happen, before any CCJ is recorded, and defended cases can be won - and not all go to court anyway.

Sit tight and like in all IPC firm cases, only respond to a Letter before Claim from the PPC themselves, or their solicitors. Ignore debt collector letters along the way, only contacting them/the PPC if you should move house within 6 years, in case they try a late claim to an old address and get a default CCJ unknown to you until it's too late.

Same advice with all IPC tickets, like this one just minutes ago:

https://forums.moneysavingexpert.com/discussion/5512229

HTH - please fight this in small claims if they try - and stop thinking of the discount bribe from this notorious bunch, as an 'option'!