parking eye LBCCC

tiddly

Hi everyone,

I received a Parking Eye Letter before county Court Claim in the post this morning.

It was from June when I had to attend a hospital appointment and parked in a disabled bay (I have a blue badge due to heart and lung failure). I have previously parked in this car park for the last 5 years since I was diagnosed and there was never a problem.

I drive over 60 miles to my hospital appointment and due to medications and my illness all I want to do when I get there is park as closely as possible do to limited mobility and use a toilet!

Anyway, I parked in the car park where there is no pay and display machines and have now been told that I parked without a valid permit (if there is no machines how can they substantiate what their loss is?)

I have read the board stickys and was wondering if they are still the correct course to take in light of recent court cases?

I am going to ring PALS at the hospital on Monday morning to see what they can do but I am not holding out much hope in them helping.

fed up of these modern day thieves doing what they like :-(

Please help! Thank you so much in advance

Redx

yes , follow the LBCC fightback info because their next move will be an MCOL

and yes you should take it up with PALS and get it cancelled asap , you should have done that when the first pcn arrived , plus a popla appeal

read these DOH guidelines and quote them at PALS and the trust as you are protected under the EA2010

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

also consider a counter claim under the EA2010

this isnt about loss, its about you breaking their parking rules and the punishment fee of between £85 and £100 and you have to show its nothing like the Beavis case (where no parking fee was payable either)

it would have been easier at popla or with a PALS cancellation, so you have made this worse by ignoring it so far, so dont ignore it any further and start fighting back

the TRUST are jointly and severally liable for the actions of their contractors , as Jeremy Hunt pointed out 2 years ago

also contact your MP and complain too , the more you involve , the better for you

the BMPA may also provide assistance if you ask them , so ask

tiddly

Thank you for your reply.

I know I shouldn't have ignored it but I just thought they were chancing it as there was never a problem before. Also in another part of the car park around the corner there is free parking for blue badge holders.

sorry for sounding silly but what is a EA2010 claim?

This is so baffling

Redx

google the EQUALITY ACT 2010 ( it replaced the DDA 1995 and DDA 2005 )

due to your BB and your condition you are a protected person under the EA2010 and so the trust and PE should make allowances for you

a claim would be the same as they are threatening you with , an MCOL , where you will claim maybe £1500 in damages (the minimum is £500) for stress and discrimination as a disabled person

if more people fought back there would be less discrimination against the disabled , but each individual has to take action by themselves , which is unfair but the way it is

it is also what I would do as I too am protected just like you and a BB holder , but unlike you I would have taken action a lot sooner and gone to popla if required, AS WELL as complaining to PALS right at the beginning , but I have been reading threads and dealing with these issues more over the last 3 years so now have more idea than I did previously

tiddly

Equality Act 2010! just googled it. Thanks

cheers for all the info. I am going to email PALS this afternoon so I have a record of contacting them and quote the legislation and their policy.

you are a star :-)