Disabled parking

ruthmcb

Hi - new poster here I've read the various threads - but a little advice would be great.
Facts - parked in a disabled bay of a free car park (shopping centre) because I was taking an elderly disabled relative for a hearing aid check. Displayed their disabled badge as usual. It was a Tuesday morning car park and all disabled bays were empty. Used the disabled bays so the car door could be opened wide for person to swing their legs out. When returned 90 mins later there was a parking notice - on checking I found the disabled badge had expired, relative had not noticed and just handed to me - I didn't check. First mistake - I assumed the notice was a PCN... and not an invoice - I appealed directly to them explaining the mistake and that a replacement badge had been applied for, they requested to see it and as soon as it was issued I sent a photo. They then rejected the appeal. Second mistake I went through the POPLA process without using a template as I didn't know about this forum - (interestingly on the site they direct you not to use template content - I wasn't really sure what they meant - now I know). POPLA have just declined the appeal and I have received a letter from UKPC demanding £85 within 28 days. This feels so over the top, it is a totally free car park, yes a mistake was made in so much as an elderly disabled person forgot to renew - but this was rectified. Their rationale is that we were depriving a disabled person of a space - however the car park was empty and the person was entitled - this feels so vindictive however that is prob my emotion - should I just give up or are they being reasonable?- Ta

fisherjim

UKPC are not reasonable they are just greedy Muppets after money, a disabled badge is not valid on private land anyway.

In this case it is an indicator to their tame monkey (or profit centre as they call them) that the car was there with legitimate reason, but their excuses to reject your appeal are just to feed their coffers.

Any appeal to POPLA must be about procedural non conformance yours was just mitigation I'm afraid.

The only thing you can try now is a complaint to the land owner that engage these despicable scum in the first place.

No one on here will advise you to bow down to these awful liars anyway, that falsify evidence and have been accused of targeting the disabled as it's lucrative.

Coupon-mad

They are unreasonable and I would fight this in court if they try.

I would first of all write one more email (don't waste a stamp on them) to:

appealmoreinfo@ukparkingcontrol.com

And robustly say they have failed to make a reasonable adjustment for a disabled person who they 'knew or should have known' had the right to use a disabled bay. A recently expired Blue Badge is indicative of a disability need, same as an in-date one would be.

UKPC being a private company are not entitled to 'police' Blue Badges and must follow the 'Service Providers Code of Practice', a statutory duty flowing from the Equality Act 2010 which any customer-facing company must observe, by law.

Because they knew the person was disabled (the clue was in the Badge regardless of date on it, because the disability need doesn't just expire), a fair action to make a 'reasonable adjustment' would have been for UKPC to cancel the unfair charge. Simple.

Tell them to continue would be harassment of a disabled person and/or their carer (unlawful under the EA) and their client, the landowner, is jointly and severally liable. Also say you are complaining to your MP - and DO SO - and copy in the retailer/retail park Management. You want to rattle some cages here and rattle UKPC.

Post #27 here shows the sort of email to adapt - this one is a reply to a Letter before Claim - that talks about the Equality Act and dragging the landlord/retailer into it (which PPCs hate):

http://forums.pepipoo.com/index.php?showtopic=116175&st=20&start=20

That one isn't the same but the paragraph at the end is the sort of thing to write (I wrote that one).

Don't pay it. This is nasty old UKPC, look, they are not worthy of your money:

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

UKPC are ex-clampers who NO-ONE here pays, unless the poster actually loses at a hearing in court. UKPC do try some claims in the small claims track, but recently only 'multi-ticket cases' where 4 figures are at stake (and we win 99% of them!).

If you get a claim then we will help you defend it - are you the keeper of the car, getting the letters?

Redx

I was going to say something similar to the above but CM has covered all the angles

suffice to say that those bays are provided for people who qualify under the EA2010 and the badge showed the intent and the provider should have known better

I have a long term disability and my disability wont cease to exist in 2 months time when my badge expires , I have had the issue for over 30 years !!

so yes do what she said and email UKPC

and email your local MP too

complain to the retailer , landowner or Managing Agent as well, mentioning the EA2010 (THIS SHOULD HAVE BEEN DONE LONG AGO BY THE WAY)

get aggressive , get forceful , get the bit between your teeth and go after them like a bull terrier after vermin (which they are)

if at any stage UKPC try a court case, come back for further advice

and let us know if you get it cancelled and what triggered the cancellation

do NOT sit on your hands

ruthmcb

Thanks for all the responses - I will definitely follow up and let you know what happens -

ruthmcb

Dear posters
I followed advice and wrote a firm but polite email saying I would not be paying and outlining why. I also copied (and emailed separately explaining why) the general manager of retail park, my MP and the Minister for the Disabled. I had an immediate response from the GM saying they would look into it and then a day later a response from UKPC cancelling the invoice. Thank you all for your input - you gave me the confidence (and the arguments) that I was in the right...Happy New year

The_Deep

Well done Madam.


There are two ways to deal with PPCs who try to override EA rules, yours and taking them to court for disablement discrimination.


They seem to think that we disabled are fair game. Some of us can still win !!!! kicking contests.

knightstyle

Great result, we had a similar problem a few years ago and got off after writing a letter to the council, it was a council car park.
One thing to note is that when you apply for a new blue badge you get a ref. number and it helps to quote this number in any letter till the new badge arrives.

Coupon-mad

ruthmcb wrote: »

Dear posters
I followed advice and wrote a firm but polite email saying I would not be paying and outlining why. I also copied (and emailed separately explaining why) the general manager of retail park, my MP and the Minister for the Disabled. I had an immediate response from the GM saying they would look into it and then a day later a response from UKPC cancelling the invoice. Thank you all for your input - you gave me the confidence (and the arguments) that I was in the right...Happy New year

Happy New Year and well done, you join the long list of successful posters here!

:T

Ralph-y

yes ... well done .......

now would you kindly consider read this link

WHICH are asking again for consumer problems

https://whichcouk.bsd.net/page/s/which-taking-on-2018

we have started to ask as many posters as we can to write and explain what happend to them regarding this ... so called industry ...

Thanks

Ralph:cool: