PCN for showing expired Blue Badge in error

NeilCr

The_Deep wrote: »

Wow, what a depressing post.

I do not know how old you are Claire, but I am 79 in a few weeks and I would love to be in a position to give these scammers a bloody nose.

Last year I took a dentist to court for a property scam and it cost him over £1000, I got £300 from Santander for mortgage misinformation, £300 from an Estate Agent, and £100 from the Court Service because they did not do their job properly.

Try sticking up for yourself, it does work.

Actually, I find this post quite depressing. This isn't just about sticking up for yourself

I fully understand how PPCs work, the tricks they get up to and that paying them keeps them going etc etc. And, I realise how strongly the regulars on here feel about it, I do, too, but not to the same degree

But, I think we should recognise that some people, for very good reason, may choose to take a course we don't like because it's the best thing for them. And not criticise them for it. I am a fighter but over the last few months I have had a fair number of knock backs. Somewhere in there if I had a parking ticket issue I might well have paid it to get one thing off my mind

claire07. Good on you for continuing to fight this. I, sincerely, hope you get the right result

Snakes_Belly

NeilCr wrote: »

Actually, I find this post quite depressing. This isn't just about sticking up for yourself

I fully understand how PPCs work, the tricks they get up to and that paying them keeps them going etc etc. And, I realise how strongly the regulars on here feel about it, I do, too, but not to the same degree

But, I think we should recognise that some people, for very good reason, may choose to take a course we don't like because it's the best thing for them. And not criticise them for it. I am a fighter but over the last few months I have had a fair number of knock backs. Somewhere in there if I had a parking ticket issue I might well have paid it to get one thing off my mind

claire07. Good on you for continuing to fight this. I, sincerely, hope you get the right result

I can understand that you can't have a free for all and in the case of the stations there were people parking there and walking to work. The problem is that the PPC's don't differentiate between the perpetual offenders and the person that makes a genuine mistake. Claire had an up to date badge but used the old badge by mistake and was ticketed. The only cost to VCS is the cost of ticketing the car. A maximum £10.00 admin charge would have covered that.

NeilCr

Snakes_Belly wrote: »

I can understand that you can't have a free for all and in the case of the stations there were people parking there and walking to work. The problem is that the PPC's don't differentiate between the perpetual offenders and the person that makes a genuine mistake. Claire had an up to date badge but used the old badge by mistake and was ticketed. The only cost to VCS is the cost of ticketing the car. A maximum £10.00 admin charge would have covered that.

Sure.

That wasn't my point, though. I am not commenting on the merits of the case. There are others far more qualified than me on here who can do that. I was responding to The Deep's post criticising the OP for not going with a counter claim when she felt it would be too stressful for her.

The_Deep

Sometimes a bit of motivational criticism works Neil.

Clair obviously has the means and ability to fight this, she just needed a push in the right direction.

Fruitcake

Snakes_Belly wrote: »

Claire, I did notice that Network West Midlands has a Facebook page. On their FB page they are making out that they are very user friendly towards disabled people. You can get a badge.

Network West Midlands
Remember not all disabilities are visible.
We want everyone to have a safe and comfortable journey when travelling. Wearing the ‘Please offer me a seat’ badge will help let passengers know that you have a very good reason to sit down. ��
Get yours here: http://socsi.in/XUN5E


This is just a platitude when they are engaging a company like VCS to harass disabled travellers. I felt like making a comment.

That is a very useful bit of information.

I suggest the OP joins that fakebook group and leaves comments about their hypocritical double standards. On the one hand they say, "Remember not all disabilities are visible," yet on the other hand they have employed unregulated scammers who are harassing a disabled motorist and rail user.
I would be asking intimidating questions like,

Why is the landowner allowing this to happen whilst laying themselves open to a claim under the EA 2010?

Why hasn't the landowner who has employed the unregulated scammers (MP's own words in open parliament) instructed their agent to cancel this unfair PCN.

Why doesn't the landowner recognise that a disability doesn't go away when a blue badge expires?

Half_way

And there lies th rub of the whole PPC ess.
One one hand you have companies/entities such as Network Westmidlands boasting about equal opportunities, diability rights etc.
But when push comes to shove all of the equaltiy stuff is no more than lip service, with fancy meaningless statements, glossy websites, and no doubt leaflets.



Actualy paying atention to it would mean that they, or their agents wont make as much money.


And then they will hide behind the "nothing to do with us, our car parks are managed by a third party company - contact them" while at the same time forgetting that these third party companys are acting for and on behalf of the landowner, with the landowner - ie netwrok west midlands full blessing.

claire07

On 6th April I sent yet another letter of complaint to Centro/Network West Midlands/Transport for West Midlands, together with a SAR via email to VCS and neither has even been acknowledged.

I have now received a Claim Form from Northampton County Court with an Issue Date of 7 May signed by Simon Renshaw-Smith as the claimant. It seems I have until Tuesday 28th May to complete the acknowledgment of service form via MCL and until Monday 10th June to file my defence.

After re-reading the Newbies Thread I will put something together using the "2018 defence re VCS/This is not a parking charge" and the Bargepole Defence about unclear signage and include something about the Equality Act 2010 and any other Blue Badge defences.

However, in the meantime I would be grateful for any further suggestions you might have.

Umkomaas

Send VCS a reminder SAR, giving the 7 days to respond. Tell them that any further failure to respond will result in you making a formal complaint to the ICO.

If they don’t respond, make sure you do complain to the ICO.

Guys_Dad

Regrettably, the result will depend upon the court and that means the judge of the day.

The bald facts are that you were not displaying a valid BB and, according to the t&c, that made you liable for a charge. If the judge is a stickler for law, rather than justice, you might lose. If you get a reasonable person, then they may take a different view. All that, of course, depends upon whether the PPC has made procedural errors that could hole their case beneath the waterline.

The landowner can take the view that they have taken all steps necessary to accommodate people with disability by insisting on a valid BB to be on display, just the same as a customer on their service must have a valid, in-date ticket to show the inspector.

So here's hoping you get a favourable judge.

The_Deep

Regrettably, the result will depend upon the court and that means the judge of the day.

Claire the mistake these firms make is taking judges for fools. A few may be, but the half a dozen or so I have met certainly are not.

Most are aware of the scamming nature of these companies and I am sure that, in most cases, their sympathy is with the defendant. Have you complained to your MP?

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.