PCN for showing expired Blue Badge in error

claire07

I have read the Newbies Sticky and copied the blue template. The car was parked at a Park & Ride site displaying an expired Blue Badge in error. The replacement current badge had come during a 6 week period while the car was replaced which may have caused the confusion. A PCN Notice to Keeper from VCS has been received with the usual information about paying within a certain time.


I would like to appeal and I would appreciate any suggestions as the template doesn!!!8217;t totally fit in this case. I see from other posts that the Blue Badge scheme is not valid on private land so would you suggest I add this to my appeal together with a scan of the current Blue Badge or just send the letter as recommended.


The signage at the site says Vehicles in Disabled Bays must have valid disabled Blue Badge displayed and the signs on the Disabled Bays say Parking for Disabled only.

Umkomaas

It doesn't matter what you put in your appeal - it will be rejected by VCS, no one gets their appeal upheld by an IPC Operator, so just use the template as in the NEWBIES FAQ sticky, post #1. At least you are showing that you have connected with them to try to resolve this. But the bottom line is - they want your money!

It's a strong possibility that you're going to have to ride this out and see if they try a court case anytime in the next 6 years.

Have you complained to the landowners? You should read up on the Equality Act 2010, because they must make reasonable adjustments for a disabled person, and having their agent denying that reasonable adjustment, drags the landowner firmly in to this potential breach of your legal entitlement.

Go after the landowners.

Redx

as above, the EA2010 applies, not the BB, so work on that basis that the BB owner did not miraculously recover in a 24 hour period and that the EA2010 doesnt even mention a BB at all

you can use the threat of a court claim under the EA2010 and to name both the PPC and the landowner in this court claim , should the need arise

landowners do not like to think they will be taken to court from breaching the EA2010 , nor that a minimum of £500 can be claimed

a landowner cancellation is always best

VCS were always going to refuse any appeal, no profit in accepting it

but nobody owes any money unless a judge says so

claire07

Thanks for the replies. As it is a train station it will be Network Rail/Centro land and reading other posts that causes different problems. Centro have recently announced that all their stations are covered by VCS for parking issues so how do I have a go at the landowner? I have health issues and this is really not helping so I can see why people just pay for peace of mind!

claire07

Just to update - the appeal to VCS was rejected despite including photos of the up to date blue badge and the difference in signs. As you warned it would be I was expecting this. Also you have said appealing to IAS is pointless.


So should I now just wait it out and ignore any threatening letters or is there something else I can do in the meantime?

Quentin

Yes. (#4 in the newbies FAQ covers the debt collectors stage.)

(Apart from the previous advice to complain to the landowner)

System

Go back to CENTRO and see if they can get it cancelled for a genuine error.

Be aware that Park & Ride as not byelaws land. It is only the car parks attached to stations that have that designation.

But route #1 is to get CENTRO to intervene and complain, as advised above, the lack of a BB doesn't change your status. VCS's contractual rights can not override your statutory ones not CENTRO's statutory responsibilities

claire07

After seeing the earlier advice to contact the landowner I contacted Network Rail (as they were their signs) and they just referred me to VCS saying they were in charge of parking.


However I will now appeal to Centro as they seem to be in charge of the Park and Ride section where I parked. So as you say Park and Ride is not covered by byelaws should I concentrate on the Equality Act and confusing disabled bay signage?


Also should I mention that the email turning down my appeal came from Excel Parking Services while the NTK came from VCS?


I apologise in advance if these are dumb questions but I have searched other threads and the only other Centro Park & Ride one at this station the poster took it to this stage but didn't return with any updates.

The_Deep

You may well lose your appeal, but it is most unlikely that a judge would find against you if they were daft enough to take you to court.

Complain to your MP that they are attempting to discriminate against you, watch this video

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

claire07

I have been ignoring the red letters arriving but have now received a Letter Before Claim from VCS saying the matter has been passed to their Legal Dept to recover the sum of £160.


They say they will commence legal proceedings if this is not settled by 19/4/2019. A reply form is included giving 30 calendar days to return and asking for financial details.


I've re-read the sticky till my head spins but would appreciate confirmation what to do next. Is is too late for another appeal to Centro/Network West Midlands?


Should I send a SAR to VCS and fill in the form but ignore the financial statement? I dread it going to court but having gone this far I want to get it right.

D_P_Dance

Let them take you to court and lodge a counter claim for disability discrimination. That way they cannot dodge a hearing unless they settle your claim. You are in a very good position to cause them some serious aggravation, take advantage,

They know you are disabled, they know you are entitled to "reasonable adjustments" because of it, yet they are still trying to scam you. You might even get "unreasonable behaviour" costs.