Ticket - Parking in a disabled bay

ketoprofene17

Hi all,

I have just received a letter from Avis (dated 11/12/2018) saying they received a parking ticket from Euro Parking Services Ltd for a rental car being parked in a disabled bay on 22/11/2018.

The car didn't have a blue badge on and was parked there for 2 minutes (that's what the lady from Euro Parking Services Ltd on the phone confirmed, even though I could only see photographic evidence of 45 seconds of parking on their website). They also said at this moment in time the hirer is not liable to pay as Avis haven't passed on their details to them yet. Avis are also being so kind to charge £30 for the administrative effort :mad: .

Is there a disabled bay parking equivalent to the 10 minutes grace period on expired tickets? This is not to justify or condone parking there but any advice would be appreciated.

Thanks all and happy new year (not a great start for me though! :mad:)

Fruitcake

I don't think anyone here will condone the use of a disabled bay by someone who does not have some form of disability as defined by the Equality Act 2010.
As a disabled bay user myself, I certainly don't.
This is one of the reasons why the unregulated parking scammers exist.

That aside, if you want to challenge this then you need to start by editing your post to remove information about who did what. Only ever refer to The Driver and The Keeper/Hirer, who are two different people.

Read the sticky thread for NEWBIES then send the hire car appeal template from the NEWBIES written by Edna Basher in order to hook it away from Avis.
Instruct Avis not to pay this charge as you are dealing with it as advised to them by their ATA, the BVRLA.

Don't park in a disabled bay again unless an occupant of the car meets the EA 2010 definition of Protected Characteristics with regards to a disability.

It sounds like the Avis charge is an admin fee, which they are allowed to do. They are not allowed to pay the PCN and charge you unless it is specifically mentioned in their hire Ts and Cs, which it normally isn't as it usually only mentions real fines and penalties from an authority.

eta

Never, ever 'phone a parking scammer. It may be too late if you told them the driver's identity.

ketoprofene17

Hi Fruitcake.

I fully agree with what you said and that's why I had mentioned mitigating circumstances. I'm not condoning parking there, but I feel the charge is disproportionately high for 2 minutes.

I will take a look at the thread you mentioned, thanks for the info. Also what do you mean by "They are not allowed to pay the PCN and charge you unless it is specifically mentioned in their hire Ts and Cs, which it normally isn't as it usually only mentions real fines and penalties from an authority."?

Thanks again.

ketoprofene17

Quick update. I just received the £30 invoice from Avis. I guess the fact they haven't charged me for the ticket itself is good as they are not in the loop. However, I have looked at the threads you suggested and am now quite lost in the process to be honest.

Fruitcake

ketoprofene17 wrote: »

Hi Fruitcake.

I fully agree with what you said and that's why I had mentioned mitigating circumstances. I'm not condoning parking there, but I feel the charge is disproportionately high for 2 minutes.

I will take a look at the thread you mentioned, thanks for the info. Also what do you mean by "They are not allowed to pay the PCN and charge you unless it is specifically mentioned in their hire Ts and Cs, which it normally isn't as it usually only mentions real fines and penalties from an authority."?

Thanks again.

Mitigating circumstances don't apply where private parking charges are concerned, only points of law.
As for the charge being disproportionate, this argument was scuppered by the Beavis case in 2015 where the Supreme Court decided £85 or there abouts was a reasonable charge.

The contract between the hirer and Avis is what allows them to pay charges on your behalf and charge you for the privilege.

You need to check what the contract (hire agreement Ts and Cs) says.
Normally they only refer to fines or penalties from an "authority".
Private parking charges from unregulated companies are outwith this agreement unless specifically mentioned in the hire agreement.
Their ATA, the BVRLA, has told hire companies not to pay private parking charges but to instead pass them to the hirer, so you need to see in detail what the Ts and Cs of the hire agreement actually say.

Assuming private parking charges are not mentioned, only fines, penalties, from an authority, then you should tell them not to pay but to follow the BVRLA guidelines.
Advise them since anything else will be outwith the contract the hirer has with them, then they will become liable for paying the charge and the hirer will recover any monies so paid by complaint/chargeback from your car provider.

So, you have some research to do in order to understand and deal with the situation you have got yourself into.