PCN for showing expired Blue Badge in error

Le_Kirk

Wait for the claim form from Northampton CCBC, complete the AoS online, do NOT fill in the financial forms. Read about defences in the NEWBIE thread post # 2.

Coupon-mad

Hmmm...in view of the seriousness of them ignoring evidence of disability:

I would reply robustly reminding them this was a case where you proved your right to a reasonable adjustment, and if they proceed with a claim, you will counter-claim for damages for distress and harassment of a protected disabled person, because VCS 'knew or should have known' about your protected characteristics under the Equality Act 2010.

If you are on a relatively low income you can counter claim AT NO COST!

claire07

Many thanks for the replies and support. If I were 30 years younger I would like to cause them aggravation and counter-claim. Unfortunately now my mental and physical sharpness are not robust enough to deal with the stress involved. I just want it to be over.


I'll send VCS a reply to the AoS as suggested and also have another go at getting some response from Network West Midlands.


I presume I still need to send a SAR as in Newbie thread post 2?

Fruitcake

Yes, definitely send the SAR as soon as possible.

You respond to the LBC, not AoS which is something completely different. You do the AoS to the court if/when you get the court claim.

claire07

I've sent off the various letters/complaints/SAR request but could I just ask a quick question.


As the land is railway Park and Ride and is Private Land and it seems that the Blue Badge Scheme does not apply on Private Land why did VCS when they turned down my original appeal include 2 paragraphs about how the Blue Badge should be displayed.

Umkomaas

The BB Scheme benefits such as free parking on DYLs or council car parks for 3 hours don’t apply on private land, but PPCs use the display of the BB to confirm that an occupant of the car is disabled and is ‘entitled’ (in terms of the PPC’s Rules) to use the bay.

The problem is that not all disabilities qualify for a BB, which of course the PPC can exploit mercilessly if a disabled person, needing a bay nearer to the store entrance (for example), doesn’t have a BB to display.

The Equality Act 2010 provides some protection for such non BB holders, and while we recommend that such people pursue this, I’ve yet to see anyone prepared to assertively run with the advice. We can only lead the horse to water .....

Half_way

As above the overriding legislation is the Equality act, not some made up rules from a parking contractor.
If this land is private, you should remind the landowner that they are responsible for the actions of their agents, and you would expect them ( the landowner - centro?) to abide by, and be compliant with the Equality act, and as such they must instruct their agents, Simon Renshaw-Smith's Vehicle control services (VCS) to cancel the parking charge with immediate effect and to take action to ensure that they (centro?) will eb taking immediate action to ensure that they are compliant with the Equlaity act going forward.
You can even add that awful phrase that companies are so fond of something like this :


As a gesture of goodwill if you can provide evidence that you have instructed your agents, VCS to cancel this parking charge,and instructed them on the equality act, I will not consider pursuing legal action against you over this breach of the Equality act

claire07

I've already sent the complaint to the landowner (which was Centro, then became Network West Midlands and is now Transport for West Midlands - all still at same address) and if/when they respond I will write again adding Half_way's additional wording and reminding them of the Equality Act.


Many thanks for your help and support - each time I have felt like giving in it really helps to read your encouragement.

Snakes_Belly

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.

Were the 'red letters' from VCS?

Snakes_Belly

claire07 wrote: »

Many thanks for the replies and support. If I were 30 years younger I would like to cause them aggravation and counter-claim. Unfortunately now my mental and physical sharpness are not robust enough to deal with the stress involved. I just want it to be over.

I think that you could make a claim against VCS after your case.