Lost POPLA appeal - disabled badge

socialbutterfly1

It's such a waste of time, all this back and forth it really makes me angry. Living with a disability and working full time is already hard enough without the hassle of all this.

Do you guys think I shouldn't pay and take it to court?

Half_way

Do not pay, or even think of paying.
the word is If it goes to court

You said you contacted the landowner, who did you contact? Car Giant sounds like a tennant of the site, did they confirm that it is their site and they contracted the parking company?
Once you can confirm the above, you need to tread carefully when dealing with the landowner, as the natural response from them, as instructed by the parking company will be "its nothing to do with us, we contract the parking out to/the parking is managed by_____ and you need to contact them"

Coupon-mad

socialbutterfly1 wrote: »

It's such a waste of time, all this back and forth it really makes me angry. Living with a disability and working full time is already hard enough without the hassle of all this.

Do you guys think I shouldn't pay and take it to court?

Agreed. How about a complaint to your MP and get him/her to step in.

The_Deep

These people not only waste your time, they waste everyone's time, which is why so many people pay up. Even the simplest ticket can take 2-3 hours to deal with. so, if your time is worth £30 an hour or more to you, you may be tempted to take the easy option.

if you fight them you have a very good chance of winning, and it cost them money. Involve your M.P., Trading Standards, (in writing), local media, disability pressure groups and charities and you van make life very difficult for them.

socialbutterfly1

I have contacted the landowner, my MP and SCOPE the national disability charity.

I am also going to contact Motability and any other organisations I can think of.

I will keep you guys updated - thanks for your help

socialbutterfly1

I have received the following reply from the landowner!

The below matter has been passed to me that you have raised with the landlord for Royale Leisure Park, Acton. I work for the managing Agents JLL on behalf of our client. With regards to your appear below I shall be liaising with UKPC to have your PCN ticket revoked.

This may take a few days for acknowledgement from UKPC but I will update you once this has been processed.

YAY!
Thank you for suggesting I contact the landowner, I would never have thought to do that.

Coupon-mad

Great news! And so they should. Shows how despicable the industry is.

BTW UKPC might still (even this late) insist on being paid £15 for cancelling, if so, ask the landowner if they will cover that as a reasonable adjustment under the EA, whilst reconsidering the contract from these ex-clampers who were caught doctoring photos only 18 months ago:

http://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

HTH

socialbutterfly1

I received this reply from the landowner today
'I have received further feedback from UKPC in relation to your PCN issued. UKPC advised they reduced the charge to £15 as a gesture of goodwill in recognition that you was a blue badge holder although it was not on display at the time of parking in the disabled bay.

As you took this to an independent appeal with POPLA and they ruled in favour of UKPC. UKPC incurred costs for these such appeals which they are seeking to reclaim, therefore they are prepared to reduce the fine from £100 down to £60 ?

I am sorry but I cannot revoke the ticket as this was taken to an independent appeal stage where a decision was already passed and costs have been incurred.'

What shall I reply with?

I have drafted this

'I took this to POPLA because UKPC denied my appeal.

Can this charge be covered by you (the landowner), because I am still being discriminated against under the equality act 2010. As a disabled person I have a protected characteristic which they just to seem to keep blatantly ignoring.

UKPC is beaching the Equality Act by discriminating directly, indirectly and discrimination by connection of a disability (using a blue badge is connected to disability).

The landowners are jointly responsible with any sub-contracted agent to ensure that legal obligations are fully met, which is why I contacted you.

In this case, direct discrimination against me can be demonstrated at the point when UKPC refused the appeal enclosing the Blue Badge. But the overarching breach - potentially affecting all disabled visitors - is that UKPC and their client in this car park have failed at the outset to make this particular 'reasonable adjustment' provision fully accessible to those who lawfully qualify to use it (Blue Badge or not). POPLA adjudicators should note that disabled bays provided by Councils on-street - relying on a statutory Blue Badge scheme - are not directly comparable with disabled bays provided on private land.'

Coupon-mad

Yes that will do. I expect they will say no, whatever you say. You could add that POPLA costs these ex-clampers £27, not £60.

Redx

proof read it as there are some spelling mistakes, but otherwise its as good as anything else